SENATE—Wednesday, October 26, 2005

October 26, 2005 CONGRESSIONAL RECORD—SENATE 23679 SENATE—Wednesday, October 26, 2005

The Senate met at 9:30 a.m. and was pose of these amendments, and we will tion drug program that is about to called to order by the President pro announce when Senators can expect take effect. This flaw is a ticking time tempore (Mr. STEVENS). those votes. bomb for more than 6 million Ameri- I remind my colleagues that a clo- cans, for our communities and our PRAYER ture motion was filed last night on the health care providers. That fuse is The Chaplain, Dr. Barry C. Black, of- Labor-HHS appropriations bill. That going to detonate on January 1. fered the following prayer: cloture vote will occur on Thursday We cannot allow low-income seniors Let us pray. morning. Under rule XXII, Senators and the disabled to lose their direct O God our rock, exalted above all have until 1 o’clock today to file their coverage. We cannot leave our doctors blessings and praise, the host of Heav- first-degree amendments at the desk. and hospitals and nursing homes un- en worships You. Today we praise You We will finish this bill this week. It is prepared for the biggest change in dec- for the opportunity of serving our up to the Senate to decide if we are ades. And we should not be pushing country in the Senate. Incline our going to be here late Thursday or Fri- hundreds of thousands of people who hearts to do Your will and set a guard day, but we will finish the bill. If Sen- need care onto our local communities. over our lips. Help us to see the path ators are reasonable in their requests We can’t wait. We have to fix this prob- You desire us to take as You teach us for amendments and debate times, we lem today. That is why I will be offer- to do Your will. may well be able to finish tomorrow; if ing an amendment later this morning. Lead our Senators. Revive them so not, we will continue on Friday to fin- I have been working with Senators that they will face each challenge with ish this final appropriations bill. ROCKEFELLER and BINGAMAN to address an inexhaustible faith. Direct their Again, I congratulate all of our col- the immediate crisis. I thank them for steps by Your word and let no evil leagues for sticking together and sys- their leadership. I have also introduced dominate them. May their faith have tematically going through each of the my own bill to protect our most vul- feet and hands, a voice, and a heart, appropriations bills over the last sev- nerable. It is the Medicare HEALS Act, that they will seek to serve You by eral weeks. S. 1822. serving others. Mr. REID. If I could direct a question I have been traveling around my Help each of us to strive for truth, to the distinguished majority leader, it State. I have been meeting with people justice, and peace. May the lofty ideals is my understanding we are not going in Seattle, Lakewood, Yakima, Aber- we profess shine in our faces and be to recess at 1:45 for Negroponte. People deen, and Olympia. I want my col- seen in our lives. can go or not, and we will still con- leagues to know, everywhere I go, peo- We pray in Your wonderful Name. tinue Senate business. ple are angry and confused. And they Amen. Mr. FRIST. That is correct. We will are very worried, with good reason. continue working today. Again, I want One senior told me: f to restate the conversation that the Everyone I have talked to is totally con- PLEDGE OF ALLEGIANCE distinguished Democratic leader and I fused—my doctor, my pharmacist, even the had yesterday regarding these votes Medicare number you are supposed to call. The PRESIDENT pro tempore led the Another one said: Pledge of Allegiance, as follows: over the course of the day. We want people to come over on time so we can If we can’t understand this, this whole I pledge allegiance to the Flag of the [Medicare] plan is going to fail. United States of America, and to the Repub- proceed in a disciplined, orderly way. lic for which it stands, one nation under God, I suggest the absence of a quorum. Everywhere I went, people were con- indivisible, with liberty and justice for all. The PRESIDENT pro tempore. The fused. There were questions that I clerk will call the roll. couldn’t answer. When I turned to the f The legislative clerk proceeded to doctors sitting next to me, they didn’t RESERVATION OF LEADER TIME call the roll. know the answer. And neither did the The PRESIDENT pro tempore. Under Mrs. MURRAY. Mr. President, I ask pharmacists or the patient advocates. the previous order, the leadership time unanimous consent that the order for If Senators and doctors and experts do is reserved. the quorum call be rescinded. not understand this, how can we expect The PRESIDENT pro tempore. With- an 80-year-old person with serious med- f out objection, it is so ordered. ical problems to understand this com- RECOGNITION OF THE MAJORITY f plicated new program? We can’t. So we LEADER need more time and more resources to MORNING BUSINESS make this prescription drug plan work. The PRESIDENT pro tempore. The The PRESIDENT pro tempore. Under One person I met with said: majority leader is recognized. the previous order, there will be a pe- Please give us more time. Give us the f riod for the transaction of morning chance to understand this so we don’t make business for up to 30 minutes, with the a mistake when we sign up. SCHEDULE first half of the time under the control One panelist told me: Mr. FRIST. Mr. President, this morn- of the Democratic leader and the sec- Taking away something from those that ing we have set aside the first 30 min- ond half of the time under the control need it the most . . . is not the American utes for a period of morning business. of the majority leader. way. We will then proceed to consideration The Senator from Washington is rec- I couldn’t agree more. That is why I of the Labor-HHS appropriations bill. ognized. am here this morning to talk about Senator SPECTER has commitments f this, and that is why I will be offering from several Senators this morning to an amendment shortly after we go to come offer their amendments. In addi- MEDICARE PRESCRIPTION DRUG the bill. tion to those to be offered, we already PROGRAM I have many concerns with the Medi- have several pending from yesterday. Mrs. MURRAY. Mr. President, I am care prescription drug law. I voted We will be calling rollcall votes here this morning to talk about a dan- against it in 2003 because I believed throughout the course of today to dis- gerous flaw in the Medicare prescrip- that seniors deserve better and that

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

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23680 CONGRESSIONAL RECORD—SENATE October 26, 2005 America can do better than that. I am doesn’t make sense, but that is exactly That is a tremendous new adminis- concerned about the complexity, the what this new drug program will do un- trative burden for understaffed and un- coverage gap, whether needed drugs less we fix it before January 1. derfunded nursing homes and care pro- will be covered. I am concerned about In fact, the new Medicare prescrip- viders who care for people we know— retirees losing the good coverage they tion drug program changes the cov- our parents, grandparents, sisters, and have today. And I am concerned about erage of our most vulnerable in five brothers. the late enrollment penalty that is ways: It imposes higher costs—those That is who is going to be affected by going to punish seniors who need more are premiums, copays and deductibles; this new law if we don’t take action. time to pick the right plan. I am work- it covers fewer drugs; it blocks States Unless we act, the new program is ing with many other Senators to ad- from providing extra help as they do going to make the work of our phar- dress all of those concerns. But today today; it provides no transition period macists across the country much hard- the most urgent problem is the way the to ensure that these low-income resi- er. They are literally going to be on new law treats our most vulnerable dents don’t face these gaps in coverage; the front lines. They may well be people, people with low incomes, the and it penalizes people who need more forced to deny coverage to seniors. And disabled, and those facing serious med- time to pick the right plan for them. by the way, each one of these phar- ical challenges like AIDS. These are real people we are talking macists has to go in contract with each This law takes away the critical drug about. I want to introduce two of them. of these new drug plans in their States. coverage these people have today and Earlier this month in Seattle, I met a Now CMS is telling us that phar- puts them into a new program that woman named Kathryn Cole. She is 36 macists will be able to look up and see could charge them more money in ex- years old. She is disabled, and she is what plan someone has been assigned change for less drug coverage. If they living on Social Security disability. to. But frankly, I have to say, given don’t sign up for a plan, they are ran- She fills about 15 prescriptions each the error and the mistakes CMS has domly assigned one. Either way, the month, and her monthly income is $757. made so far, I don’t have a lot of con- prescriptions they need may not be She told me: fidence that this is going to be a flaw- covered. Because these Americans are Even if the copay were only $5, that adds less situation in transition. Remember, living on the financial brink, an inter- up to $75 a month. I don’t have the kind of the people who will be hurt have no fi- ruption of their drug coverage or a new extra money to squeeze out of my budget. nancial cushion. They are living on copayment could keep them from get- Kathryn asked me: fixed incomes and they don’t have an ting the drugs they need to live on. The Which week am I supposed to not eat? extra $20 or $30 for copayments or pre- people who are being affected don’t People like Kathryn are living on the miums. If they are turned away at the know what is going to happen. The doc- financial edge. They cannot afford to pharmacy counter, they do not have tors and pharmacists, they don’t un- pay more for their medication. They the money to pay for those drugs now derstand it either. This entire mess is need our help. In Olympia, WA, I met a and get reimbursed later when all the going to burst into the open on Janu- man named William Havens. He is 50 paperwork is sorted out. ary 1. We need to take action to pre- years old, living with HIV/AIDS. He Doctors are going to be on the front vent this catastrophe now because it is takes 43 pills a day. William told me: line in this, too. Doctors are going to only a few months away. For the first time [in my life], I realize I’m have to know which drugs are on the To understand this problem, let’s going to have to make a choice between pills formulary. They may have to help pa- look at how our most vulnerable get and food. tients appeal any denials, and they will their prescription drugs today and how It is outrageous that this new law is have to treat patients who have gone that is about to change. Today, about going to make life so much harder for without their medicine. 6.4 million Americans with low in- people like Kathryn and William. In One doctor told me, ‘‘Doctors don’t comes get help from two programs: addition to hurting people, the new have the information they need on this Medicare at the Federal level and Med- drug program is going to hurt our yet. If patients pick the wrong plan icaid at the State level. These individ- health care system. It is going to have and their medicine is not covered, it uals are sometimes what we call dual a costly impact on nursing homes, doc- can have serious medical harm.’’ eligibles because they are eligible for tors, pharmacists, and hospitals. Many Hospitals are also going to be af- assistance from both Medicare and of these dual-eligible individuals live in fected. They are going to have to navi- Medicaid. What Medicare does not nursing homes. Now nursing homes are gate all of these new plans. They are cover, the States usually cover. For ex- going to have to navigate all these new going to have to deal with patients who ample, the Federal program did not plans out there. haven’t been able to get their prescrip- cover prescription drugs. The State In my State of Washington, there are tions. In fact, for many poor families, programs filled in that gap. The State at least 14 of these new plans. Some the only place to get these medicines coverage is often called wraparound States have as many as 40 or more, all will be the emergency room, and that coverage, and it is critical for our most with different costs and different is going to increase the cost of health vulnerable families. As a result, these formularies. Nursing home managers care for every single one of us. individuals get the drugs they need, are going to have to see which plan So as you can see, this new drug law often without copayments or each resident has been assigned to and is going to impose an expensive and deductibles. if their needed drugs are covered. very confusing administrative burden But there is a big problem coming In Olympia, I met with a Dr. David on our doctors, on our pharmacists, on January 1. The new drug program pro- Fairbrook. He is in private practice, our hospitals, and our nursing homes. hibits States from providing the extra and he is also the medical director of In this country I think we can do a lot help they do provide today. Instead, two skilled nursing facilities which better than that. what it does is move these people into care for 150 people. He was very con- The amendment I will be offering the Medicare program alone, which cerned about his patients being ran- today says let’s fix this problem before will require higher out-of-pocket pay- domly assigned to plans that don’t people realize they can’t get the pre- ments and which will most likely cover meet their medical needs. He said pa- scriptions they need. My amendment fewer drugs. To me, it doesn’t make tients may be denied drugs. They may simply provides emergency funding to sense to take away the good coverage be forced to change their medications, prevent this disaster. that vulnerable families have today, and they could face a time-consuming, First, it ensures that our most vul- force them into a program that might stressful appeals process. He predicts nerable don’t lose their current drug not meet their needs, charge them there will be ‘‘chaos for nursing staff coverage. It will provide $2 billion in more money in the process, and then regarding coordination of multiple sup- emergency funding to make sure our prohibit our States from helping out pliers. It further duplicates paperwork low-income seniors do not lose their these most vulnerable people. It and documentation requirements.’’ benefits or suffer a gap in coverage.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23681 That money will allow our States to or we are going to have to push back Every dollar the government spends help the low-income residents they the deadline so we can make this tran- to fund agencies imposes large costs on have, people who currently get help sition smoothly. People’s lives are the economy’s productive sector, no from State drug assistance programs, hanging in the balance. matter how small the agency. and people being helped by AIDS drug I urge my colleagues to stand up Every dollar the government spends assistance programs. today for those who don’t have a voice, on programs such as welfare and unem- My amendment will protect our most and for the doctors, hospitals, phar- ployment insurance encourages bad be- vulnerable, including any beneficiary macists, and nursing homes, and give havior by providing incentives for with income below 150 percent of the them the relief and protection my Americans to remain unemployed and Federal poverty level and any bene- amendment provides. choose leisure over work. Every dollar ficiary currently eligible for Medicaid I will be offering this amendment in the government spends this way goes through ‘‘spend down’’ requirements. the Chamber today and I urge my col- to making Americans passive It is going to give our States the leagues’ support. supplicants rather than active citizens, flexibility to protect the people who I thank the Chair. I yield the floor. particularly at a time when the num- live in those States. States could pro- The PRESIDENT pro tempore. The ber of those dependent on the govern- vide coverage through Medicaid or as a Senator from Idaho is recognized. ment is growing and the number sup- separate drug assistance program. And f porting it is shrinking. importantly, my amendment provides We have been seeing those numbers accountability. States will be required BUDGET RECONCILIATION talked about over the last good number to notify CMS of their plan for ensur- Mr. CRAIG. Mr. President, I come of years—who is taxed and who is not, ing no lapse in benefits for low-income this morning to speak about a need for who is paying in to the Government beneficiaries. fiscal responsibility. Over 200 years versus who is not. We are now edging Secondly, my amendment ensures ago, George Washington warned that toward 50 percent of the American peo- that everyone knows about the changes ‘‘Government is not reason. It is not ple not paying taxes, and yet we still that are coming. It requires States to eloquence. It is force. Like fire, it can hear this great debate in the Senate notify those currently eligible for Med- be a dangerous servant or a fearful about, well, the tax cuts are only for icaid and Medicare assistance. I can’t master.’’ Even when government func- the wealthy. The tax cuts are for peo- tell you how many people I talked to tions properly as a servant, Wash- ple who pay taxes versus those who do when I was in my State who said: I ington observed, it is dangerous. not pay taxes. There is a very impor- have not been notified that I need to Mr. President, I rise today to talk tant reality check that has to occur make a change. No one has told me. about—and to urge a need for some- out there. And yet we are 2 months away from thing to happen in this Senate and in When I am home visiting with folks them being assigned a plan. this Congress—fiscal responsibility. at our town meetings and I say a fam- States would also notify phar- While Congress has been talking about ily of four making $27,000 to $30,000 a macists. They would notify community spending measure after spending meas- year does not pay Federal taxes any- health centers, rural health clinics, ure over the past several weeks, Ameri- more, that is a fact. Yet somehow we hospitals, critical access hospitals, cans have been talking about Congress’ get this rich versus poor debate in this doctors, and other Medicaid-eligible loose spending of their tax dollars. Chamber. It is really those who pay providers that assistance is available. What many lawmakers have referred to taxes versus those who do not pay Providers will be allowed to seek reas the fiscal policy of the Government taxes and become the recipients of the imbursement for any uncompensated has come to mean nothing more than largesse of Government. costs associated with providing medi- the Government’s dangerous tendency Every dollar the Government spends cally necessary drugs to these people. toward fiscal recklessness. to subsidize both health care and edu- In summary, my amendment simply Fiscal responsibility is premised on cation distorts competitive processes protects our most vulnerable and the simple concept that less is more. in the marketplace and makes States makes sure that everyone involved Less government spending means more increasingly more dependent, and their knows what is happening. freedom for individual Americans and budgets become distorted because they This new Medicare prescription drug increased levels of economic activity are the ones that have had that his- plan that has been passed has a lot of and rates of economic growth for the toric Government responsibility. Every problems, but the most urgent one is country. Several studies confirm this. dollar the Government spends to de- what is going to happen to our most A Public Finance Review study indicated liver services is one that should be in vulnerable patients and the difficulty that: ‘‘Higher total government expenditure, the private sector allowing the market- it will cause our health care providers no matter how financed, is associated with a place to choose its efficiency and its ef- such as hospitals, nursing homes, doc- lower growth rate of real per capita gross fectiveness. tors, and pharmacists. Time is running state product.’’ There are some interesting figures. out. As of January 1, millions of vul- A study by the Journal of Monetary Eco- In 2005, Washington spent $2.470 tril- nerable Americans are going to be nomics found that: ‘‘There is substantial lion, raised $2.154 trillion, and ran a forced into a new system they haven’t crowding out of private spending by government spending. Permanent changes in gov- $317 billion budget deficit. This deficit been told about, they don’t understand, ernment spending lead to a negative wealth is 2.5 percent of gross domestic prod- and it will not meet their needs. We effect.’’ uct. Some will say that is the lowest can avoid this train wreck. Senators And an International Monetary Fund study ever; it doesn’t mean anything. $317 who are concerned about the health showed that: ‘‘Average growth for the pre- billion is a lot of money. and well-being of their own constitu- ceding 5-year period was higher in countries Spending increased by 8 percent in ents but who are concerned about the with small governments both periods.’’ 2005 and is up 33 percent overall since costs have other options. We can sup- The cumulative evidence in these 2001. port efforts on the reconciliation to studies suggests one important thing— In 2005, inflation-adjusted federal provide additional time to transition government spending hampers the eco- spending neared $22,000 per household, into this plan and we can make nomic growth of our country. Even the highest level since World War II. changes to the Medicare Modernization more than this, the growth of govern- Federal spending has increased by 33 Act to let the States provide coverage ment spending is economically destruc- percent since 2001, from $1.863 trillion they have available through Medicaid tive. to $2.470 trillion. Defense and 9/11-re- during this transition. Every dollar the government spends lated costs have only accounted for a No matter what, this is a problem. is one taken from an American, and is smaller-than-expected portion of this: Either we spend the money now to pre- one less dollar in the productive, pri- From 2001 to 2003, spending expanded vent this crisis, I warn my colleagues, vate sector economy. by $296 billion, 45 percent of which

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23682 CONGRESSIONAL RECORD—SENATE October 26, 2005 went to defense and 9/11-related costs, we think we can go on doing that at have ignored that aspect. Everybody and 55 percent of which went to new our current level of spending, but it is wants to push for emergency spending Federal spending unrelated to defense time we get a little realistic about because it gets them around the budget and 9/11. This is an 11 percent jump in some belt tightening around here, even rules, and they do not have to worry Federal spending, the fastest growth in if it is at last year’s rate of spending about the spending in their programs a decade. versus an increased level of spending that perhaps they could not get adopt- From 2001 to 2005, discretionary for the next budget. ed as part of the appropriations or the spending surged 48 percent, from $649 I think Americans want us to wake budget or both. billion to $969 billion. up, realize what we are doing, and the We are going to be moving into a Current spending on entitlement con- impact this kind of spending has both critical time next week. I think it is sumes nearly 60 percent of all program in the short term on our economy and important that Members of the Senate spending, a record 10.8 percent of gross in the long term on our economy both remember we have a commitment to domestic product, and is projected to for us, our children, and our grand- future generations. We may have to nearly double over the next decade. children. cast some tough votes next week to Long-term trends project the cost of I thank the Senator from Colorado keep our plan going on reducing the Social Security, Medicare, and Med- for yielding. deficit by $34.7 billion. I happen to icaid to jump from 8.4 percent of GDP The PRESIDING OFFICER (Mr. think it may come out a little better in 2005 to 18.9 percent of GDP by 2050. SUNUNU). The Senator from Colorado is than that. I guess I am an eternal opti- Federal program spending is projected recognized. mist. But it is very important. It is a to reach 27.6 percent of GDP by 2050. Mr. ALLARD. Mr. President, we are start. It is not as much as we should be By 2050, our children and our chil- moving into an important part of our doing, but it is a start. It addresses dren’s children will be footing the bill budget plan for the year. Ideally, for some mandatory spending programs, for our current fiscal irresponsibility. the Congress to operate, we need to which seem to be the toughest for Nearly 200 hundred years ago, Thom- reach an agreement between the House Members around here to address, and it as Jefferson said that ‘‘although a re- and the Senate. We did that this year. addresses some discretionary spending. publican government is slow to move, In the past years we have not been able If we look out into the future, the yet once in motion, its momentum be- to do it. It is called the budget. As a greatest obligations that are affecting comes irresistible.’’ There was a time member of the Budget Committee, I our budget are Social Security, Medi- not too long ago when Republicans was delighted to see that happen. We care, and Medicaid. It is difficult to stood up, made the case for smaller laid out spending parameters for all of make decisions to reduce those pro- government, and made it happen. From the various agencies, and then we also grams. It is easier to go to discre- 1998 to 2001, we did this by enjoying laid out a plan as to how we were going tionary spending, but that is not where record budget surpluses. to control spending. We are going to do we are seeing the real growth in spend- The time for action is upon us once more things to reduce the deficit. ing. We are going to have to make again. The Budget Committee is going to be more difficult decisions beyond next The Federal Government’s spending meeting this afternoon to put together week. momentum, however, makes tax cuts, the final steps of what we call rec- Next week is going to be a test on reductions in pork, and slashes in sub- onciliation. We look at what we can do just how determined we are and how sidies only first steps toward a real so- to reduce spending. It is called the Def- committed we are to reducing deficit lution. The only long-term, funda- icit Reduction Omnibus Reconciliation spending. mental, permanent reform that would Act. The most important two words in What the President has done in stim- effectively dispel the danger of current that particular piece of legislation are ulating our economy with some tax re- fiscal recklessness and restore fiscal ‘‘deficit reduction.’’ ductions has proved fruitful. This year, responsibility is a balanced budget In the budget, we had laid out a plan we are seeing the results of those tax amendment to the Constitution like to reduce the deficit by $34.7 billion. cuts with close to $100 million in rev- the one I reintroduced earlier this That is net now, and so we need to enue that was unanticipated at the year. keep that process moving. This is going first of the year, which obviously could Jefferson once said, ‘‘with respect to to move us into an important aspect of have gone to deficit spending, but the future debt; would it not be wise and our debate next week where we are emergency spending and what has hap- just for that nation to declare in the going to begin debating on the floor of pened with Hurricane Katrina and all constitution they are forming that nei- the Senate the Deficit Reduction Act. the emergencies that have occurred in ther the legislature, nor the nation It is important we work hard to reduce September has created a problem in itself can validly contract more debt the deficit. Why is it important? Be- being able to reduce the deficit as than they may pay?’’ I think he’s right cause we do not want to be passing on much as some of us had hoped. and urge my colleagues to join me in today’s obligations to future genera- Hopefully, we can hold this small supporting a balanced budget amend- tions and robbing their futures because amount of deficit spending that we are ment to our Constitution to restore the of the spending. going to be bringing to the floor next past principles of fiscal responsibility If we look at what has been hap- week. It is important that we do. I urge envisioned by the Founding Fathers pening with deficit spending in recent my colleagues in the Senate to join me and to safeguard the future by pro- years, it has been growing, and I think and the other members of the Budget viding a bill of economic rights for our it concerns a lot of Members of the Committee when we report this bill out children. Senate. It is easy to express concerns, to hold it so at least we can reduce the It is important we understand the but it is difficult sometimes to get the deficit by $34.7 billion. It is important impact that Federal spending has, and votes we need in order to hold down to the future of this country that we at it is clearly time some of us come to deficit spending. So the Members of the least take this first step. It is some- the floor and challenge all of us to rec- Senate are going to have an oppor- thing we need to work hard on if we ex- ognize what we are doing, where we are tunity to see how committed they are pect a prosperous future for our chil- going, and the amount of money being to reducing the deficit. This only ap- dren and grandchildren. spent. Now we recognize more than plies to spending as was outlined in the My children are now grown and have ever before, with the natural disasters budget resolution that we passed ear- good salaries. My grandchildren are hitting our country that are unprece- lier this year. now going to school. I want to see dented in their impact on human lives, There is another aspect to spending, them have the same opportunities to that we have a new responsibility to emergency spending. I happen to be- grow and save their money and not help those citizens who have lost ev- lieve we need to work harder to find have to face high tax rates because we erything gain a little back. Somehow offsets on emergency spending. We exceeded spending in our generation. It

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23683 is a challenge. It is a challenge, ergy Assistance Program by $1,276,000,000, On page 158, after line 21 insert: though, that we must meet. It is a with an across-the-board reduction. In addition to amounts appropriated under challenge that we cannot put off, and Thune modified amendment No. 2193, to any other provision of this Act, for making provide funding for telehealth programs. the sooner we address this challenge, payments under title XXVI of the Omnibus The PRESIDING OFFICER. The Sen- Budget Reconciliation Act of 1981 (42 U.S.C. the sooner we are going to reduce def- 8621 et seq.), $2,920,000,000, which amount is icit spending. ator from Pennsylvania. Mr. SPECTER. Mr. President, the designated as an emergency requirement Mr. President, I think my time is pursuant to section 402 of H. Con. Res. 95 about ready to expire. distinguished Senator from Iowa and I (109th Congress), the concurrent resolution The PRESIDING OFFICER. The ma- have been conferring on our schedule on the budget for fiscal year 2006. this morning. We have a number of jority has 11⁄2 minutes remaining in Mr. REED. Mr. President, I ask unan- morning business. amendments lined up. The first amend- imous consent that the Senator from ment will be offered by Senator BYRD Mr. ALLARD. I will use a little more New Jersey, Mr. CORZINE, and the Sen- on title I, scheduled for 10 o’clock. We of my time. This is really important. It ator from Connecticut, Mr. LIEBERMAN, is an important time. I commend the are pretty close to being on schedule. be added as cosponsors to my amend- chairman of the Budget Committee for There may be some intervening busi- ment. working hard to try and hold down our ness. The PRESIDING OFFICER. Without deficits. I know he was very frustrated I want to take this opportunity to objection, it is so ordered. when the budget resolution was before urge our colleagues to come to the The Senator from Washington. floor and offer amendments. A cloture the Senate earlier this year. I know he AMENDMENT NO. 2220 motion was filed yesterday with ad- had some real hope of holding down Mrs. MURRAY. Mr. President, I call spending even more than what finally vance notice to all Members. It will be voted on tomorrow. Under the rule, up amendment No. 2220 and ask for its ended up in the budget bill. I have sup- immediate consideration. ported him in trying to hold down the Members have until 1 o’clock today to file amendments. At the moment, we The PRESIDING OFFICER. Without deficit. We do that by holding down objection, the pending amendments are spending. have openings in the afternoon. So we urge our colleagues to come forward set aside. The clerk will report. I know he seems somewhat frustrated The legislative clerk read as follows: now because he has not been able to do with their amendments. The PRESIDING OFFICER. The Sen- The Senator from Washington [Mrs. MUR- as much as he wanted to do to elimi- RAY] proposes an amendment numbered 2220. nate the deficit. I think it is important ator from Iowa. Mr. HARKIN. Mr. President, I concur Mrs. MURRAY. Mr. President, I ask that we stand behind the Budget Com- unanimous consent that the reading of mittee members, that we stand behind with my chairman in that regard. The only other observation I make, we are the amendment be dispensed with. the chairman of the Budget Committee The PRESIDING OFFICER. Without in trying to reduce the deficit. not encouraging a lot of amendments. We are just saying if you have amend- objection, it is so ordered. Spending should not be running on The amendment is as follows: automatic pilot. To keep this economy ments come over and do them this morning or this afternoon so we can (Purpose: To provide stop gap coverage for growing and keep it strong, we are just low-income Seniors and disabled individ- going to have to make some tough de- finish up the bill, hopefully, by tomorrow. I know there are some important uals who may lose benefits or suffer a gap cisions. So I urge my colleagues to join in coverage due to the implementation of me in supporting our chairman next amendments—Senator BYRD certainly the Medicare part D prescription drug ben- week in a first step towards reducing has one coming up on title I—that we efit) the deficit. need to address in this bill. On page 153, between lines 17 and 18, insert I yield the floor. Again, I am hopeful, if people do have the following: amendments, that they will come over. In addition, for making payments to f And, again, Members need to know States for the provision of coverage for pre- CONCLUSION OF MORNING amendments have to be filed by 1 p.m. scription drugs under State Medicaid plans BUSINESS today to be considered under the clo- (notwithstanding section 1935(d)(1) of the So- cial Security Act) or under separate drug as- The PRESIDING OFFICER. Morning ture motion. Mr. President, I understand that the sistance programs to individuals who have business is closed. attained age 65 or are disabled, and whose in- Senator from Rhode Island, Mr. REED, f come does not exceed 150 percent of the na- needs to make a modification to his tional poverty level or who are eligible for DEPARTMENTS OF LABOR, amendment, and I know, also, the Sen- medical assistance under the State Medicaid HEALTH AND HUMAN SERVICES, ator from Washington, Mrs. MURRAY, plan under a ‘‘medically needy’’ or other AND EDUCATION, AND RELATED wants to offer an amendment before we ‘‘spend down’’ eligibility category, including AGENCIES APPROPRIATIONS begin Senator BYRD’s amendment. Sen- such individuals who are eligible for benefits ACT, 2006 ator BYRD has been kind enough to under titles XVIII and XIX of the Social Se- yield to them a few minutes so we can curity Act, receiving assistance under a The PRESIDING OFFICER. Under State drug assistance program, or receiving the previous order, the Senate will re- get that done before he proceeds on his coverage under an AIDS Drug Assistance sume consideration of H.R. 3010, which amendment. Program, to ensure that such individuals do the clerk will report. The PRESIDING OFFICER. The Sen- not lose coverage for prescription drugs or The legislative clerk read as follows: ator from Rhode Island. suffer a gap in such coverage due to the im- A bill (H.R. 3010) making appropriations AMENDMENT NO. 2194, AS MODIFIED plementation of the Medicare prescription for the Departments of Labor, Health and Mr. REED. Mr. President, I ask unan- drug benefit under part D of title XVIII of Human Services, and Education, and related imous consent to return to amendment such Act, and for making payments to providers of items and services under the State agencies for the fiscal year ending Sep- No. 2194, as modified. tember 30, 2006, for other purposes. Medicaid plan, including pharmacists, com- The PRESIDING OFFICER. Without munity health centers, rural health clinics, Pending: objection, it is so ordered. hospitals, critical access hospitals, and phy- Sununu amendment No. 2214, to provide for AMENDMENT NO. 2194, AS FURTHER MODIFIED sicians, for reimbursement of uncompen- the funding of the Low-Vision Rehabilitation Mr. REED. Mr. President, I send a sated costs associated with the provision of Services Demonstration Project. modification of this amendment to the medically necessary drugs for such individ- Sununu amendment No. 2215, to increase desk. uals, $2,000,000,000: Provided, That a State funding for community health centers. The PRESIDING OFFICER. The Sen- shall not receive such payments unless the Reed modified amendment No. 2194, to pro- State notifies the Centers for Medicare and vide for appropriations for the Low-Income ator has a right to modify his amend- Medicaid Services, not later than December Home Energy Assistance Program. ment. 31, 2005, of the State’s plan for the provision Gregg amendment No. 2253, to increase ap- The amendment, as modified, is as of such coverage: Provided further, That a propriations for the Low-Income Home En- follows: State shall not receive such payments unless

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23684 CONGRESSIONAL RECORD—SENATE October 26, 2005 the State notifies such individuals and pro- in spending to $5.1 billion, the full au- England, the Midwest, and the North viders of the availability of such coverage: thorized amount. At this point, a ma- will see fewer additional dollars despite Provided further, That the entire amount is jority of the Senate is on record sup- the increase offered by Senator GREGG. designated as an emergency requirement porting a much higher level of funding Cold weather States that need a sub- pursuant to section 402 of H. Con. Res. 95 (109th Congress), the concurrent resolution for the State grant program. stantial increase in assistance now to on the budget for fiscal year 2006. The second point about Senator address rising energy prices will not GREGG’s amendment is that the $1.276 Mrs. MURRAY. Mr. President, I get the funding they need under the billion level of funding requested in our talked about this amendment earlier amendment of Senator GREGG. letter is different from the money we The amendment Senator COLLINS and today. It provides stopgap coverage for have been discussing and voting on in I offered adds $2.92 billion to the State low-income seniors and disabled indi- the last several days. The $1.276 billion LIHEAP block grant program. This viduals who may lose their benefits or was for emergency funding that could funding, coupled with the money cur- suffer a gap in coverage due to the im- be used by the President at his discre- rently provided in the Labor-HHS ap- plementation of the Medicare Part D tion. This would give the President the propriations bill, will provide a total of prescription drug benefit. ability to target assistance to the $5.1 billion for LIHEAP, the level au- I ask unanimous consent that the States most in need of additional fund- thorized in the Energy Policy Act of amendment be set aside and we come ing based on increases in energy prices 2005. This law was passed by this Con- back to the amendment to discuss it. and weather conditions. gress and signed into law by the Presi- The PRESIDING OFFICER. Without Senator GREGG’s amendment adds dent just 3 months ago. The $5.1 billion objection, it is so ordered. the additional funding into the State level of funding acknowledges the pro- The Senator from Rhode Island. block grant program, not the emer- gram needs and would fully satisfy the Mr. REED. Mr. President, I under- gency discretionary program. Iron- demands caused by this winter and ris- stand Senator BYRD will now offer his ically, because of the formula alloca- ing energy prices or at least go a sub- amendment. I ask unanimous consent tion of this program, the cold-weather stantial way to satisfy all the demands that at the conclusion of his remarks States that Senator GREGG and all of throughout the country. Our amend- that I be recognized for up to 10 minus are attempting to help this winter ment adds the $2.92 billion to the block utes to speak on amendment No. 2194. may see only slight increases in fund- grant program which provides direct The PRESIDING OFFICER. Is there ing. assistance to the States. Our funding objection? The Senator from West Vir- I have been provided with different level is sufficient to ensure both cold ginia is recognized. analyses of the LIHEAP formula and weather and warm weather States get Mr. BYRD. Mr. President, I have no what States will gain and lose under the funding they need. objection if the Senator wishes to pro- the Gregg amendment. This, I must The other problem that the $1.276 bil- ceed at this time. Am I recognized? say, is a rather arcane formula which lion level raises is, because of income The PRESIDING OFFICER. The Sen- produces at least two interpretations. data, because of cold weather, because ator from West Virginia has been rec- Based on data from the Department of of the number of Americans who qual- ognized. Health and Human Services and a pre- ify, we need every dollar we can get to Mr. BYRD. I yield to the Senator, as liminary analysis by CRS, States, such help Americans this winter, particu- I may, without any objections, for 10 as Minnesota, Washington, and Wis- larly seniors. There are 32 million minutes, and I retain my right to the consin, will see no increase in funding households eligible for LIHEAP assist- floor. under Senator GREGG’s amendment. ance under the law, and yet we are The PRESIDING OFFICER. The Sen- Iowa will see an increase of under 3 serving only 5 million. So this is a situ- ator from Rhode Island is recognized percent. Oregon will see less than a 7.5- ation where demand far exceeds needs for 10 minutes. percent increase, and Maine less than even at robust funding levels, and at AMENDMENT NO. 2194, AS FURTHER MODIFIED 10 percent, hardly the targeting we the $19.9 billion level, it is dramati- Mr. REED. Mr. President, my col- need to ensure these States are pre- cally unsatisfactory. Seniors just re- league Senator GREGG offered an pared for the cold weather that is upon ceived a $65 adjustment, but this is to- amendment to increase funding for the us and the high energy prices. tally inadequate to deal with the soar- Low-Income Home Energy Assistance Under a second scenario, another ing energy prices in all the cold States Program, LIHEAP, by $1.276 billion analysis—and this is according to the of this Nation. So I believe we have to yesterday. He will offset the spending Economic Opportunity Study also do much more. In fact, the majority of by an across-the-board cut of almost 1 based on data from Health and Human the Senate believes that, in supporting percent to all other programs funded Services—States, such as Maine, New a higher level of $5.1 billion total ap- by this bill—cuts to programs that pro- Hampshire, Iowa, Minnesota, South propriation level for LIHEAP. tect the public health of our Nation, Dakota, Alaska, Nebraska, Wyoming, The other point I think is disturbing cuts to research to cure diseases, cuts and Montana, may receive only a slight about the approach of the Senator is it to educational programs that help chil- increase under the Gregg amendment would pay for this by cutting programs dren reach their potential and build and less funding than they received across the board, cutting very impor- bright futures, and cuts to labor pro- last year when these States received tant programs that are necessary for grams to help our workers remain com- both their block grant allocation and all of us. petitive in the global economy. These emergency funds. This will be less As the chairman, Senator SPECTER, cuts are very difficult and, indeed, I funding when energy bills are rising 50 pointed out, this is a barebones bill. It think should be avoided at all costs. percent, and the Gregg amendment is does not even have increases for infla- This is the wrong level of funding for proposing $1 billion in increased spend- tion, and we are literally robbing Peter the LIHEAP bill and, second, it is the ing. to pay Paul if, in fact, we support the wrong way to go about paying for these The reason there are at least two dif- approach of the Senator from New costs. ferent scenarios is because of the com- Hampshire. This support for across- First, Senator GREGG based the plex nature of this formula. The cur- the-board cuts will leave behind 37,000 amount of funding in his amendment rent LIHEAP formula favors funding to needy students who could be served by on a letter Senator COLLINS and I wrote cold-weather States up to $1.97 billion title I and will reduce IDEA funding for to the appropriators in September. We in appropriations. For funds above that special education by $98 million. It were pleased to be joined by 43 of our level, a new formula determines the al- would drop the Federal share of excess colleagues in requesting $1.276 billion location of funding. This new formula special education costs from 18.6 per- in emergency spending for LIHEAP. directs funding to warm-weather cent in fiscal year 2005 to 17.8 percent Since that time, 51 of our colleagues States in the South and Southwest. in fiscal year 2006. It would mean a $63 have joined us to vote for an increase Therefore, cold weather States in New million cut in the level for Head Start,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23685 $32 million below the level of last year, Hear me, I have offered an amend- appropriating moneys for fiscal year and here we have a program that would ment on behalf of the Nation’s dis- 2006, the authorized amount is $22.75, be serving, as a result, 4,400 fewer chil- advantaged students and the schools way over here on the chart, $22.75 bil- dren. that are struggling to educate them. lion. But the amount in this bill is just We face a challenge this year, a par- When Congress passed the No Child $12.8. Look at it. That is $10 billion less ticular challenge after Katrina, of en- Left Behind Act 4 years ago—how short than the law promised to these dis- suring that the second surge from that are our memories—it promised—get advantaged students and to the schools disaster, the surge of high energy this—we promised to give schools the in which they study. What a shame, $10 prices and cold weather, does not leave funding they would need to help every billion less—$22.75 was authorized, $12.8 families vulnerable. That is why I am young person in this country to suc- billion was appropriated. so pleased that the majority of the ceed in the classroom. I wish I had that What a gap, $10 billion. That is $10 Senate supports our approach of $5.1 when I was starting out in a two-room for every minute since Jesus Christ total appropriation, and we hope, as schoolhouse 80 years ago. That promise was born—$10 billion. That is $10 for the votes come, that we will reach the has not been kept. We have not even every minute since Jesus Christ was 60-vote margin we need to prevail. I come close, and there is no better ex- born. What a gap. What a gap, $10 bil- hope we can, in fact, reach that mar- ample of that broken promise than the lion. That is enough to provide the full gin. title I program. range of title I services to more than 3 I will join, again, Senator COLLINS in Title I is the most important Federal million needy students who are cur- urging all our colleagues to support education program we have. Did you rently being left behind by our Na- our amendment. hear, Senators? Title I is the most im- tion’s schools. And at the current fund- Mr. President, I also commend and portant Federal education program we ing level in the Senate bill, they will thank Senator BYRD, first for his kind- have. It helps the students who need continue to be left behind. ness in yielding to me and second be- help the most—who need help. We got a hard look at some of those cause his title I amendment will in- When Caesar was about to drown, disadvantaged students during Hurri- crease funding. I thank the Senator for Caesar said: canes Katrina and Rita. Those disas- his valiant work in this regard and his Help me, Cassius, or I sink! ters cast a bright light on a part of concern for those who need that type of Here is a program that is not well. It America that many people would like funding for their education and their needs help or it will sink—help for the to pretend does not exist—a part of future. millions of children who are being left America where the school buildings are With that, I yield the floor. behind. crumbling, where there are not enough The PRESIDING OFFICER. The Sen- It is also the program that, under the good teachers, and students are afraid ator from West Virginia. No Child Left Behind Act, will hold for their own safety. These are real live Mr. BYRD. Mr. President, I send an schools accountable—yes, hold schools people, live students who have a future, amendment to the desk. accountable for improving student per- who have a horizon out there, who have AMENDMENT NO. 2275 formance. They should be held ac- a vision, and yet we are not keeping The PRESIDING OFFICER. Without countable. That is why when Congress our promise to them. They are being objection, the pending amendments are wrote the No Child Left Behind Act it left behind. set aside. The clerk will report, authorized specific funding levels for I took a piece of plastic clay The assistant legislative clerk read title I for every year through fiscal And idly fashioned it one day as follows: year 2007. But every year—now get And as my fingers pressed it still The Senator from West Virginia [Mr. this—every year when it is time to ap- It moved and yielded to my will. BYRD], for himself, Mr. LIEBERMAN, Mr. propriate the money, we have come up I came again when days were past, CORZINE, Mr. ROCKEFELLER, Mr. SCHUMER, short. The bit of clay was hard at last. Mr. KERRY, Mr. REED, Mr. REID, Mr. KEN- This chart here beside me tells the The form I gave it, it still bore NEDY, Mr. BINGAMAN, Mr. DODD, Mr. KOHL, And I could change that form no more. story. Focus your eyes on this chart. Mrs. MURRAY, Mr. LAUTENBERG, Ms. MIKUL- Here is the title to the chart, ‘‘Falling I took a piece of living clay SKI, Mrs. CLINTON, and Mr. DAYTON, proposes And gently formed it day by day an amendment numbered 2275. Behind On ‘No Child Left Behind.’ ’’ And molded with my power and art Mr. BYRD. Mr. President, I ask unan- How about that? ‘‘Falling Behind On A young child’s soft and yielding heart. imous consent that further reading of ‘No Child Left Behind.’ ’’ The numbers I came again when years were gone, the amendment be waived. are in billions, billions of dollars. Take He was a man I looked upon. The PRESIDING OFFICER. Without a good look at this chart, I say. This He still that early impress wore objection, it is so ordered. chart tells the story, a pretty sordid And I can change him never more. The amendment is as follows: story. The first year of the law, fiscal Never more, never more. (Purpose: To provide additional funding for year 2002—this bar right here—the No That is what we are talking about, a title I of the Elementary and Secondary Child Left Behind Act authorized $13.5 piece of human clay, human clay. Education Act of 1965) billion. There it is, the first year: $13.5 We are leaving those children behind. At the end of title III (before the short billion authorized. How much did Con- Those are exactly the kinds of stu- title), add the following: gress appropriate? Congress appro- dents who are being left behind today SEC. ll. ADDITIONAL TITLE I FUNDING. priated just $10.3 billion. The blue and they are exactly the kinds of stu- In addition to amounts otherwise appro- shows $13.5 billion authorized. The red dents who can be helped by title I. priated under this Act, there are appro- shows we fell short. We only appro- America can do better. I say America priated, out of any money in the Treasury priated $10.3 billion. can do better for these students. That not otherwise appropriated, $5,000,000,000 for In fiscal year 2003, watch this gap. is why I am offering this amendment to carrying out title I of the Elementary and increase funding for title I. I wish I Secondary Education Act of 1965 (20 U.S.C. The gap grew wider. The blue line 6301 et seq.), of which— shows that Congress authorized $16 bil- could increase this program by the en- (1) $2,500,000,000 shall be for targeted grants lion, the blue bar, but Congress appro- tire $10 billion to fulfill this commit- under section 1125 of such Act; and priated just $11.7 billion. There was $16 ment, our commitment, the commit- (2) $2,500,000,000 shall be for education fi- billion authorized, $11.7 billion appro- ment we made when Congress passed nance incentive grants under section 1125A priated. the No Child Left Behind Act. However, of such Act. Each year, as one can see on this I know I wouldn’t get enough votes Mr. BYRD. Mr. President, I have of- chart, Congress has fallen further and from the other side of the aisle, I have fered an amendment on behalf of the further behind, behind in its promise to to say. They are all good people over Nation’s disadvantaged students and America’s most needy students. on the other side. They are all patri- the schools that are struggling to edu- The authorized amount for fiscal otic people. They are good citizens and cate these disadvantaged students. year 2006—that is where we are now— they are dedicated to the service of the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23686 CONGRESSIONAL RECORD—SENATE October 26, 2005 people. But I realize I can be wrong cludes children with disabilities. Do less title I funding than they did the sometimes. I think they are wrong. I you hear me? Hear, listen. That in- year before. In fiscal 2005, two-thirds of don’t think some of them will vote for cludes children with disabilities. And it school districts took a cut in title I this. We will see. includes students of all races. How funding. I am proposing instead that we get about that? And ethnicity. How about If Congress passes the Senate bill as halfway there. We are just going half- that? All races, all ethnicities. it stands now, most districts will re- way—$10 billion shortage—$10 billion Schools must leave no child behind— ceive less title I funding for the third shortage in our promise for the chil- not your child, not my great-grand- year in a row. That is not what Con- dren, the disadvantaged children of child. And if schools that receive title gress promised. That is not what Con- this country, $10 billion short. I am I funds fall short of this goal, they face gress intended when it passed the No going to ask for half of that, at least serious consequences. Schools that fail Child Left Behind Act. try to close half the gap, half of it. to make adequate yearly progress in The funding level for title I in this I am proposing that we get half the raising student performance for 2 con- bill is a betrayal of the law and it is way there, that we close the gap over 2 secutive years—listen to this—have to unfair to all people in this country who years: $5 billion now, $5 billion the fol- give students the option of transferring are working so hard to implement the lowing year. I am proposing we get to another public school. Yes. That law. Parents and teachers want their halfway there, that we close the gap means the school has to redirect schools to be held accountable. They over 2 years by adding $5 billion. money it would have spent for instruc- want every child—not just this one or That is enough to fully serve more tion and use it—for what?—for trans- that one but every child—to succeed. than 1.5 million disadvantaged stu- portation instead. They are holding up their end of the dents who the administration would This past school year, almost 11,000 bargain. Are we? Are we holding up our leave behind, and we would leave be- schools and districts in the country end of the bargain? It is time for the hind. These children will be taught by failed to make adequate yearly Congress to do the same. highly qualified teachers and receive progress for at least 2 straight years. I voted for the No Child Left Behind the complete range of instructional Did you hear that? Almost 11,000— Act. I support the reforms in that law. services called for under the No Child 11,000—schools and districts in this But schools need more funding if we Left Behind Act. States will benefit country failed this past year to make are truly going to leave no child be- from this amendment—your State, Mr. adequate yearly progress for at least 2 hind. What is more important than our President, your State, my State. straight years. children? What is more important than In my own State of West Virginia, The penalties get more severe the the education of our children? schools would receive a total increase longer the school fails to make ade- I urge my fellow Senators to approve of just $800,000 for title I if the bill is quate yearly progress. Ultimately, if a this amendment. We gave our word to passed as it is now. Under my amend- title I school falls short for 5 years in the people, didn’t we? Yes, we gave our ment, those students in West Virginia a row, it can be taken over—get this— word to the people when we passed the would receive an additional $39 million the school can be taken over by the No Child Left Behind Act. Let us keep above the bill. Tennessee would receive State, or the entire staff can be fired. our word. an additional $78 million. Help me, Cassius, or I sink. I yield the floor. Do you hear me? The people of Ten- These are serious penalties. The en- The PRESIDING OFFICER (Mr. VIT- nessee—are you listening? Are you lis- tire staff can be fired. There is the TER). The Senator from Pennsylvania tening? Tennessee would receive an ad- door. There is the door. The entire staff is recognized. ditional $78 million. can be fired and replaced. That gets Mr. SPECTER. Mr. President, I have Pennsylvania—are you listening? pretty tough. That hits close to home. listened with great interest to the com- Pennsylvania is the State of which These are serious penalties, and I ments by the very distinguished Sen- Benjamin Franklin was once president. support them. I believe it is high time ator from West Virginia. It is always a Yes. Old Ben Franklin. Pennsylvania that we hold schools accountable for treat to listen to Senator BYRD, hear a would receive an additional $185 mil- their performance and getting their act little Roman history, hear a tune from lion. together. I believe it is high time we time to time, and hear the lengthy ex- Louisiana would receive an addi- hold schools accountable for their per- perience that Senator BYRD brings to tional $111 million; Mississippi, an ad- formance. But—here is the conjunction this august body. ditional $62 million. ‘‘but’’—I also believe that if we in the He was elected to the House of Rep- I offered a similar amendment 2 Congress are going to demand that resentatives in 1952. Before that he had years ago and those who opposed my schools raise student achievement, we, been a legislator for the State of West amendment argued then that Congress I, you, Senators, all Senators, all Mem- Virginia. He was elected to the Senate is under no obligation to fund title I at bers of the other body, if we are going in 1958. We were reminiscing the other the authorizing level because author- to demand that schools raise student day about his having served with Presi- izations are only guidelines. Title I is achievement, we have a responsibility dent Truman, only for a few days, be- not your average authorization pro- to provide those schools with the addi- cause President Truman did not run in gram. Most educational authorizations tional resources that they need to im- 1952. President Eisenhower did. And don’t put requirements on States and prove. Senator BYRD always very carefully de- local school districts, but the title I That is what we are talking about on nominates the service ‘‘with’’ as op- program in the No Child Left Behind this chart. We are falling short. We are posed to ‘‘under.’’ That is exactly cor- Act puts more requirements on our Na- falling behind in the No Child Left Be- rect. I share his insistence on parity. tion’s schools than any law in the past hind Act. Unfortunately, as I say, we When they wrote the Constitution, 35 years. are not keeping our promise. In fact, Congress was article I, not the execu- This law requires every State to de- for most school districts, Federal funds tive branch. It did not come in until ar- velop a plan for helping all students are moving in the opposite direction. ticle II, and the judiciary, not until ar- reach a proficient or advanced level of In fiscal year 2004, more than half of ticle III. But the Supreme Court has achievement within 12 years. That is the Nation’s school districts received sort of rewritten the Constitution more all students. That is all students, not less title I funding than they did the than once. just those in the affluent suburbs. No, year before. What a shame. How about Now, if we were to rewrite the Con- not just those in the affluent suburbs, that. Look at that. stitution, they would be article I. I but poor students in Appalachia. That Listen. Hear me. I will say that don’t know where the Congress would is where I come from, you see. When I again. be, they have taken away so much of was a boy I would have been included, In fiscal year 2004, more than half of our authority. We have lost our author- ROBERT BYRD. And the gulf coast in- the Nation’s school districts received ity under the commerce clause.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23687 The Supreme Court wrote an opinion even as I say that, there is so little of crease during President Clinton’s in a case called United States v. Morri- that money in discretionary spending watch of $1.192 billion. son involving the legislation on pro- that so much of the authority of the I cite those figures only to point out tecting women against violence; not- Committee on Appropriations is taken President Bush has not done too badly withstanding a mountain of evidence, a away. We have to do the best we can. by comparison to President Clinton. voluminous record, they said it was in- We labored mightily to craft the best They both struggled as well. sufficient, and they disagreed with our priorities we could. When we look at the total funding on ‘‘method of reasoning.’’ There will be a number of amend- education, President Bush’s budget for It surprised me, in preparation for ments. There was an amendment of- 2006 is $56.219 billion, going back to 2001 the hearings from Chief Justice Rob- fered yesterday by the Senator from as a base, $40.088 billion, the education erts, to know that Congress had a de- Massachusetts, Mr. KENNEDY, on Pell budget request by President Clinton fective method of reasoning. I didn’t grants. I would like to have had more has increased $16.131 billion. know that until I read that in the Su- money for Pell grants. I said if Senator If you take a comparable period for preme Court opinion. Somehow when KENNEDY can show the priorities of President Clinton and use the fiscal you move from the columns of Con- what could be cut, I would be glad to year 2001 figures of $40.088 billion congress, the Senate, lined up directly consider that. trasted with fiscal year 1997, $25.829 bil- with the columns of the Supreme As I listened to Senator BYRD today, lion, there was an increase of $14.259 Court, you lose some reasoning capac- I would like to have $5 billion more and billion. Now, these figures are subject to dif- ity in the interim—which I doubt very accept his amendment and see more ferences of inflation. They are not much. Then when they interpreted the money go to title I and No Child Left exact. But it ought to be understood, or Americans with Disabilities Act, Jus- Behind, but the money simply is not at least the point I seek to make is tice Scalia said they were tasking the there. that it is not a political matter. When Congress, getting us to do our home- I have to disagree with my distin- it comes to education there is recogni- work, that we had not made a suffi- guished colleague when he says there tion by both parties that it is a very cient record. has been a betrayal of the promise. I don’t think the authorization con- high priority item. So when I listen to Senator BYRD On the comparison, I find fault with stitutes a proposition. The authoriza- talk about the Constitution and about neither party. Both Presidents have tion is always higher than the appro- our duties, it is with great interest. I tried to do what they could with a lot recollect a few years back when Sen- priation. In the dark ages of the past, of conflicting problems. Certainly, ator BYRD chaired the Committee on my colleague—Senator HARKIN is re- when Senator HARKIN was the chair- Appropriations and I had the audacity turning to the Senate—the dark ages of man of the subcommittee, he did his to challenge his mark. It was not done the past when Senator HARKIN was best. We worked together. When I had by any Senator. I thought I had that chairman of this subcommittee, Demo- an idea, I would bring it to him and we standing. I looked at my Commission crats took control in that fateful time, would try to work it out. When he had of Elections, and I had that standing. I the spring of 2001, and controlled the an idea, he would bring it to me and I got 3 votes out of 29: Senator D’Amato, budget process 2001 and 2002 for about a would try to work it out. Senator Kasten voted with me. Senator 17-month period. I took a look at what We have been talking about the avian Kasten was not here at the 1992 elec- the figures were at that time. I noted flu issue, which we will talk about tions, so it was a long time ago that the authorization on title I for fiscal later. I was in my hideaway—that is a Senator BYRD looked across the table year 2002 was $13.5 billion, and the ap- small Senate office for somebody in S–128, the appropriations room, and propriation was $10.35 billion. I under- watching on C–SPAN2, where you go to said: Someday you may be chairman, stood that because we crafted that bill hide to try to get some work done, in- you may set the mark. together. stead of your office where you are sur- I am not too far away and have not When I say the ‘‘dark ages’’ I say it rounded by many assistants who want gotten there yet to be chairman of the only in jest. Senator HARKIN and I have answers to their specific problems Committee on Appropriations. worked coordinately. With all the bick- which are the most pressing of the day. We wrestle with these appropriations ering that exists in this Senate—and it The phone rang. It was Senator HAR- budgets. It is really a tough job. This is a lot—there is a deep trench here KIN trying to prepare an opening state- subcommittee of the bill we have today that crosses the aisle on many days in ment for the Harriet Miers confirma- for $145 billion has to fund education the Senate but not when TOM HARKIN tion hearings. We have other work to and health, which are our two major and ARLEN SPECTER or BOB BYRD and do besides this big appropriations bill. capital assets. If you do not have good THAD COCHRAN or TED STEVENS work It was quiet until the phone rang. It health, you cannot do anything. If you on a bill. We cross the partisan line. was Senator HARKIN. Would I take a cannot have a good education, you can- Senator HARKIN and the Democrat- call from Senator HARKIN? Of course, I not move ahead in this world. Senator controlled Congress could not fund it will take a call from Senator HARKIN, BYRD and I have both benefited from a all the way up to the authorization. put him through. good education. I didn’t come from a And in 2003, again, when Senator HAR- We talked about avian flu and what school quite as small as his. I went to KIN was chairman of the subcommittee, we are going to do. He had some good high school in a town of 5,000, Russell, the authorization was $16 billion and ideas on avian flu, and we will discuss KS, where Bob Dole had gone to high the appropriation was $11.689 billion. that in some detail a little later today. school. However, education is the key I took a look at the funding for the 5 Wherever he has an idea, and I am to the future and I know that, and I ap- years of the Bush administration and the chairman, I am all ears. If I can ac- preciate that. compared it to funding in the 5 years of commodate Senator HARKIN, I am We have struggled mightily to make President Clinton’s administration. As going to do so. He was hard to get off the best allocation we can with the pri- to title I, under the Bush administra- the phone this morning. That happens orities ahead. As I listened to Senator tion, the budget request for fiscal year from time to time. He was giving me a BYRD talk about title I of No Child Left 2006 is $13.342 billion; President Clin- very heavy pitch. I tried to interrupt Behind, I would like to see the funding ton’s last year at $8.357 billion. There him at one point and said: TOM, I hate increased on No Child Left Behind. I was an increase during the Bush years to say this, but I think you are right. would see our priorities on a budget of of $4.985 billion. It didn’t stop him, he kept going, $2.6 trillion arranged differently if I set With President Clinton, I compared kept going. About 30 seconds after I the priorities. from 1997 to 2001. In 1997, the budget re- said that, he stopped, and said: Yes, Maybe someday I will get to be chair- quest by the President was $7.165 bil- you said I was right. man of the Committee on Appropria- lion, and President Clinton’s last year I said: That’s right, TOM. Can we fin- tions and can set the priorities. But it was $8.357 billion. So there was an in- ish this conversation and continue it in

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23688 CONGRESSIONAL RECORD—SENATE October 26, 2005 the Senate when we have the issue be- was fair in terms of what we had to agreed with the White House: These fore the Senate? deal with. So I would not support levels? OK, yes, we agree at these lev- In conclusion—the two most popular amendments which jiggle things els. words of any speech—while I would like around. But if someone has an amend- Here they are. This level, right here, to agree with Senator BYRD and I ment they want to offer which would $22.75 billion for fiscal year 2006. That would like to see $5 billion more, we do not jiggle things around, but add is what we agreed upon. Yet our appro- not have the money under the alloca- money—which I understand takes 60 priation for this year is $12.8 billion. tion. If anybody has any ideas about votes to waive the Budget Act—I am That is why I said it is about—well, I how to rearrange the priorities, I am going to be for that because I don’t said 40 percent. I made a mistake. It is willing to listen. agree with the Budget Act. I don’t a little over 50 percent. But in fiscal It is customary for the allocation, agree with what the budget calls for. year 2002, we were at about 75 percent the appropriation, to be under the au- Mr. BYRD. I don’t either. of funding, and that was at the begin- thorization. That happens whether Mr. HARKIN. So I will support the ning of No Child Left Behind. Democrat or Republican. You do not Byrd amendment because he is not try- So what Senator BYRD is trying to do put on a villain’s hat necessarily being to take money from one pot and is make us live up to what we had cause you are in one party or the other. move it to another; he is saying the agreed to do, with both the White We will continue the struggle and con- budget was wrong. We ought to waive House and the States. I dare say, any tinue to try to do our best on edu- it and put the money in. Senator here who goes home and talks cation. Now, with all due respect, again, to to their State government, talks to I thank the distinguished Senator my friend from Pennsylvania, in going their school districts—go out and talk from West Virginia for his contribu- back over the history of this, I wish to to your school districts and find out tions. point out that the Byrd amendment what they are saying about No Child I yield the floor. only closes 50 percent of the gap be- Left Behind. They are saying: Wait a The PRESIDING OFFICER. The Sen- tween the authorization level and what minute. You put all of these mandates ator from Iowa is recognized. is in the Senate bill. on us. You said you were going to fund Mr. HARKIN. Mr. President, as al- I have here a chart that shows the it. Now you are not, and now we are ways, it is a joy and interesting to lis- authorization and the appropriations being penalized because we can’t meet ten to my friend and colleague, my levels going back to fiscal year 2002. the goals of No Child Left Behind. chairman, talk about the past and Senator SPECTER made mention there We have put them in kind of what what we have done together. He is was an interim period there when our they call a catch-22 situation: Darned right, we have worked together closely. party was in charge for about a year, so if you do; darned if you don’t. Either I followed his lead on a lot of things, we were in charge of the budget and way, you lose. such as when ARLEN SPECTER, back in the appropriations at that time. So that is why I am supporting Sen- the mid-1990s, wanted to do double I point out that at that point our ap- ator BYRD’s amendment. The budget funding for NIH. He took the lead on propriations were a little over 70 per- needs to be waived. We need to meet that. I did what I could to help. And we cent, maybe about 75 percent of the au- our commitments on this. got the job done under his great leader- thorization level. Today, we are less Mr. DODD. Mr. President, will the ship. than 40 percent of the authorization Senator yield? So we have worked together on a lot level. So what Senator BYRD has said is Mr. HARKIN. Mr. President, I will of different things. And where we have the authorization level is going up, our yield to the Senator from Connecticut. had differences, we have had dif- appropriations are staying flat. We now Mr. DODD. Mr. President, I wish to ferences, but we have always been, I have this huge gap. We are trying to ask a question of my colleague from think, upfront and open about those close this gap. It is not 100 percent. It Iowa, in support of the amendment differences. While I love ARLEN SPEC- is about 50 percent of closing that gap, being offered by the Senator from West TER dearly, and respect him greatly, he and that would tend to bring us back to Virginia. It was only a few years ago is not my twin, he is not my clone, so about where we were 3 or 4 years ago, that I offered an amendment, during we do have different ways of approach- in terms of the difference between the the authorizing bill, to fully fund title ing things once in a while. And that is authorization level and the appropria- I. That amendment carried with over 70 the way it ought to be around here. tions level. votes to fully fund title I in this Cham- There should not be, as he said, this big Now, there is one other thing that ber. It was only a matter of months gulf between us, but there ought to be happened during this period of time. ago. That was an authorization bill. It an honest airing of differences of views The Congress passed something called was not the appropriations bill. All of on how we ought to approach things. No Child Left Behind, a new mandate us are certainly adults, and we know Take the Byrd amendment, for exam- on the States, a new mandate that the authorizing levels do not always ple. I stated earlier, when we first States had to do in education. Now, I meet with the appropriations. But we brought the bill to the floor, that Sen- am on the authorizing committee for have gone on record supporting this. ator SPECTER had done a superb job, education. At that time, Senator KEN- I wish to underscore the point the and he was always open with my staff NEDY was our chairman. I can remem- Senator is making and the Senator and me in crafting and putting tober sitting at the White House, and I from West Virginia made; and that is, gether this bill. I said when you are can remember sitting up here in meet- I hear it. My State, in fact, has filed a dealt a bad hand, you have to do the ings discussing No Child Left Behind, I lawsuit on the No Child Left Behind best you can. And Senator SPECTER say to my friend from West Virginia, Act because of restrictions being re- did. So in terms of the bill itself and and about what it was going to cost. quired of them. how it is crafted, I do not have prob- The White House, through their rep- Now, again, similar to the Senator lems. resentatives, agreed on what level we from Iowa and the Senator from West What I have problems with is our al- would fund No Child Left Behind. Now, Virginia, I have great respect for this location. That is where I have prob- that was only authorization because it law because it is a civil rights bill, in lems. Since I did not support the budg- was an authorization bill. But we were my view. It says we should no longer et, I said at the time we laid the bill told by the White House that they tolerate social promotions of children. down the other day: Look, if people are would meet these authorization levels. We ought to be insisting there ought to going to come here with amendments One of the reasons I voted for the bill, be accountability at every single level. that offset and jiggle things around in not that I was enamored with it, but I The essence of the bill Senator KEN- the bill, I will not support it because felt the White House had made a com- NEDY and others drafted, that we were we worked very hard, Senator SPECTER mitment they would fund No Child Left a part of, I think is sound. I think his- worked very hard, to craft a bill that Behind at the levels we agreed to. We tory will prove it to be such. The great

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23689 shortcoming is not the failure of the are appropriated to the Centers for Disease Now we have the opportunity, with law. The law is sound. It is sensible. It Control and Prevention $7,975,000,000 for ac- the amendment offered by the Senator makes sense. The failure is as the Sen- tivities relating to a pandemic influenza epi- from West Virginia, to do something ator from Iowa and the Senator from demic during the fiscal year ending Sep- for the neediest children in this coun- tember 30, 2006, which shall be available West Virginia pointed out; and that is, until expended. try. Those are Title I children. we have not lived up to the commit- (b) Of the amount appropriated under sub- In the early 1960s, this Nation made a ment we made. section (a)— commitment and said: For the poorest Mr. HARKIN. That is right. (1) $3,680,000,000 shall be for stockpiling of of the poor children in this Nation, we Mr. DODD. We turned around and antivirals and necessary medical supplies re- are going to recognize a national re- voted overwhelmingly for that law. lating to pandemic influenza and public sponsibility. Those were Title I chil- President Bush wanted it. The Depart- health infrastructure, of which not less than dren. We have, over a long period of ment of Education wanted it. The Con- $600,000,000 shall be for grants to state and time, tried to focus on improving op- gress wanted it. We said: This is what local public health agencies for emergency preparedness; portunities for the most disadvantaged we will do. Yet month after month, (2) $60,000,000 shall be for global surveil- students. But as my friends and col- since enactment of that legislation, we lance relating to avian flu; leagues on our Education Committee have failed to meet that obligation. (3) $3,300,000 shall be to increase the na- said, we heard the President of the That is the great tragedy in all of this, tional investment in domestic vaccine infra- United States say: We are going to do not the No Child Left Behind law, but structure including development and re- even more for those children with the the failure of the Congress and the search; No Child Left Behind Act. Instead what President to say to the people of our (4) $750,000,000 shall be for improving hospital preparedness and surge capacity and we have seen is a failure to meet that respective States: This is what you health information technology systems and commitment. must do. And by the way, we will be networks to improve detection of influenza One of the most important reasons here to see to it the funding is there to outbreaks; for supporting the Senator from West support those efforts. We have gone on (5) $75,000,000 shall be for risk communica- Virginia, the Senator from Con- record in this body, and we are now de- tion and outreach to providers, businesses, necticut, and the Senator from New nying our own record if we turn down and to the American public; York on their amendments is that we this amendment offered by Senator (6) $100,000,000 shall be for research and find, when we provide this help and as- CDC lab capacity related to pandemic influ- BYRD. enza; and sistance, it works. You have positive I wish to reinforce the point made by (7) $10,000,000 for surveillance of migratory results. the Senator from Iowa. birds for the occurrence of influenza. I refer you to what has happened in Mr. HARKIN. Mr. President, I thank (c) This title shall take effect on the date my own State of Massachusetts. my colleague from Connecticut. He was of enactment of this Act. Today, in my State of Massachusetts, also on the education committee and AMENDMENT NO. 2275 we are No. 1 in the country for fourth was involved in those discussions dur- Mr. HARKIN. Mr. President, I ask graders and tied for first for eight grad- ing No Child Left Behind. The Senator unanimous consent that we now return ers on the Nation’s Report Card be- from Connecticut chaired the edu- to the Byrd amendment and that it be cause we did a real No Child Left Be- cation subcommittee there, so he the pending business of the Senate. hind, the Education Reform Act, 8 knows full well the commitments that The PRESIDING OFFICER. Without years before the No Child Left Behind were made at that time by the White objection, it is so ordered. Act was signed into law. The reforms House and the Congress to fund it. Sen- Mr. HARKIN. With that, I yield the included smaller class sizes, better ator KENNEDY was absolutely right, we floor. trained teachers, and supplementary are not doing what we agreed to do in The PRESIDING OFFICER. The Sen- services. Parents were involved in deci- this regard. ator from West Virginia. sionmaking. This is what the Senator Mr. President, prior to yielding the Mr. BYRD. Mr. President, the distin- from West Virginia wants to do. He floor, might I ask, what is the pending guished Senator from Massachusetts, wants to make sure the whole country business before the Senate? Mr. KENNEDY, wishes to speak for 5 can catch up and make sure we keep The PRESIDING OFFICER (Mr. GRA- minutes. If I may take 5 seconds. the commitment we made when this HAM). The Byrd amendment is the I ask for the yeas and nays on the President signed the No Child Left Be- pending amendment. amendment. hind Act and said we were going to AMENDMENT NO. 2283 The PRESIDING OFFICER. Is there a have proficiency guaranteed to all the Mr. HARKIN. Mr. President, I ask sufficient second? children in this country. The Senator unanimous consent that the Byrd There appears to be a sufficient sec- from West Virginia says: Well, we are amendment be temporarily set aside. I ond. not going to leave the more than 3 mil- have an amendment I send to the desk The yeas and nays were ordered. lion children behind who will be left and ask for its consideration. The PRESIDING OFFICER. The Sen- behind without his particular amend- The PRESIDING OFFICER. Without ator from Massachusetts. ment. I thank the Senator from West objection, the clerk will report. Mr. KENNEDY. Mr. President, I Virginia for offering the amendment. I The legislative clerk read as follows: thank our leaders on education: Sen- hope the Senate will adopt it. The Senator from Iowa [Mr. HARKIN], for ator BYRD on Title I, Senator DODD on Finally, Mr. President, I am a strong himself, Mr. KENNEDY, Mr. REID, Mr. DURBIN, the Head Start program, and Senator supporter of and pay tribute to our Mr. BAYH, and Mr. JOHNSON, proposes an amendment numbered 2283. CLINTON on IDEA. As I did yesterday, I leader on Head Start, the Senator from pay tribute to the chairman of the sub- Connecticut, who used to be the chair- Mr. HARKIN. Mr. President, I ask committee, Senator SPECTER, because man of our children’s caucus. He has unanimous consent that reading of the when education issues have been before been the battler and fighter for the amendment be dispensed with. The PRESIDING OFFICER. Without the Senate, he has voted for increases program. Every study shows that the objection, it is so ordered. in funding. money invested in children at the ear- The amendment is as follows: But the Senator from West Virginia liest age is the most productive and (Purpose: To make available funds for will remember, during the budget con- useful in education. Head Start chil- pandemic flu preparedness) sideration, this body asked for $5 bil- dren are less likely to repeat a grade, On page 222, at the appropriate place at the lion more in education funding. The less likely to need special education end of Title V, insert the following: budget went to conference. We did not services, and more likely to complete TITLE . get $5 billion. We did not get $4 billion. school. I also applaud the work of the SECTION 101. We did not get $3 billion. We did not Senator from New York on IDEA. We (a) From the money in the Treasury not get $2 billion. We did not get $1 billion. are far behind in meeting our responsi- otherwise obligated or appropriated, there We got zero. bility to many of the children who

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23690 CONGRESSIONAL RECORD—SENATE October 26, 2005 have faced some of the most difficult sition, I would understand his responsi- The PRESIDING OFFICER. Objec- challenges—those who have both phys- bility. tion is heard. ical and mental disabilities. The My responsibility is to try. We can do The Senator from Pennsylvania. amendment offered by the Senator will better. Mr. SPECTER. Under the regular go a long way to providing the re- I yield the floor. order, we will then proceed to a vote, sources needed to ensure that students The PRESIDING OFFICER. The Sen- objection having been heard. We will with disabilities receive the resources ator from Pennsylvania. entertain Senator ALEXANDER’s amend- they need to succeed. I applaud her ef- Mr. SPECTER. Mr. President, I raise ment at the earliest time the managers forts. a point of order under section 302(f) of can. May I remind my colleagues that With these amendments on Title I, the Congressional Budget Act that the this is going to be a 15-minute rollcall Head Start and IDEA, we have an op- amendment provides budget authority vote, with 5 additional minutes. We portunity to speak about the future. and outlays in excess of the sub- had an 181⁄2-minute vote yesterday. Education is about opportunity. It is committee’s 302(b) allocation for fiscal Let’s see if we can beat that record. I about fairness. It is about competitive- year 2006 and, therefore, is not in order. know we are going to proceed. I will ness. And it is about national security. Mr. BYRD. Mr. President, pursuant talk to my colleagues, and we will Hopefully, the Senate will go on record to section 904 of the Congressional work out the sequence. and support these three measures. Our Budget Act of 1974, for which I voted, I Mr. DODD. Mr. President, I hope that children and our schools need our help. move to waive the applicable sections will be the case. We have been trying They need it now more than ever, and of that act for purposes of the pending to be responsive by being here to offer so does the Nation. I urge my col- amendment, and I ask for the yeas and amendments when we have been asked leagues to approve all three of these nays. to be here. It sort of throws off our amendments. The PRESIDING OFFICER. Is there a schedule for the day. But I am happy to The PRESIDING OFFICER. The Sen- sufficient second? talk to my colleague. ator from West Virginia. There appears to be. Mr. ALEXANDER. I suggest the ab- Mr. BYRD. Mr. President, I hope the The yeas and nays were ordered. sence of a quorum. Senate will vote quickly. But before it Mr. SPECTER. Mr. President, it The PRESIDING OFFICER. The does, I thank the Senators who have would be my preference to stack the clerk will call the roll. The legislative clerk proceeded to just spoken, particularly the manager votes, unless the Senator from West call the roll. of the bill, Mr. SPECTER. He is an out- Virginia would like to have a vote now. Mr. SPECTER. Mr. President, I ask standing Senator. I have seen this Sen- Mr. BYRD. Mr. President, I prefer to unanimous consent that the order for ate turn over more than 3 times, com- have the vote now. the quorum call be rescinded. plete turnover of 100 Senators more Mr. SPECTER. All right. In deference The PRESIDING OFFICER. Without than 3 times. I tell you, my friends, I to the Senator from West Virginia, we objection, it is so ordered. have never seen a more eloquent, more will accede to his request. It would be Mr. SPECTER. Mr. President, I think dedicated Senator to his State, to his my hope—I talked to Senator HARKIN we have worked out a procedure where people, to the people of this country, to about this—that to the extent we can, there will not be either a side-by-side his work here, than Senator SPECTER. I while we have people here ready to or second-degree amendment offered. admire him. Some day when he runs offer amendments—we have just The Senator from Tennessee would like for reelection, I may make a little con- worked out a time agreement with an opportunity to speak for 10 minutes tribution to him. I will leave that for Senator DODD, 45 minutes equally di- on it, and we will hear Senator ALEX- another time. vided for his amendment—while we ANDER for 10 minutes and then proceed I also thank my colleagues. What have Senators in the Chamber ready to to a vote on the Byrd amendment. So I splendid colleagues they are. Senator proceed, we do so to the extent we can, ask unanimous consent at this time DODD, traveling in the wake of the Sen- unless there is a circumstance which that Senator ALEXANDER be recognized ator from Connecticut who signed the requires a different outcome. for 10 minutes, that we then proceed to Constitution of the United States. I understand Senator ALEXANDER a vote on the Byrd amendment, and What a man, Roger Sherman. And then may have a related issue. I have just then we proceed to take up the Dodd the Senator from Massachusetts, TED been informed about that. May I sug- amendment and seek to proceed with KENNEDY. What a great State that was gest to the Chair that we hear from the order we have established. and is. Read your history on the Revo- Senator ALEXANDER to see how it im- Mr. DODD. Reserving the right to ob- lutionary War, those times. Someone pacts on the vote before we move ahead ject, Mr. President, may I also suggest talked recently about the people of my with the vote? the amendment offered by the Senator generation who saw World War I, who The PRESIDING OFFICER. Without from New York be able to follow the lived through World War II and the objection, it is so ordered. The Senator Dodd amendment? Can we lock these Vietnam War, the other wars we have from Tennessee is recognized. in? participated in, the Great Depression. Mr. ALEXANDER. Mr. President, it Mr. SPECTER. Let us hold off on My, these are great Senators. I can see would be my purpose to introduce an this. There may be some amendment their pictures out there on the medal- amendment that would increase fund- on the Republican side. I doubt there lions in the room just outside this ing for title I to the level President will be, but I don’t want to have a se- Chamber. And the chairman and rank- Bush has recommended. I propose that ries of amendments on both sides. ing member of this committee, my, we set aside the pending amendment so I think that would be agreeable, but what Senators they are. They are that I may introduce that amendment. I would not want to be bound to it at right, and they are right to oppose it in Perhaps we could vote on those two this moment. saying we don’t have the money. I amendments. Mr. HARKIN. Mr. President, I ask know they are right. But Congress Mr. SPECTER. Mr. President, I ask unanimous consent that following the could shift those priorities. the Senator from Tennessee if he would vote on the Byrd amendment, Senator How about the big tax cuts for the be agreeable to a time limit of, say, 30 DODD be recognized to offer his amend- wealthy? How about the war in Iraq? minutes equally divided? ment, after which point there would be How much are we spending there in Mr. ALEXANDER. Certainly. a vote on the Dodd amendment, after treasure, to say nothing of the blood Mr. BYRD. Mr. President, I propose which point if there is a Republican that is being spilled? Yes, we could do that we vote on this amendment. The amendment that is to be brought up better, but we are doing the best we Senator can still offer an amendment if and disposed of; if there is not, the Sen- can under the circumstances now. I he wishes to do so after this vote. Let’s ator from New York be recognized at don’t fault the Senator from Pennsyl- go. I ask for the vote. I object to any that point to offer her amendment, fol- vania. I admire him. If I were in his po- request to set this amendment aside. lowed by a vote.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23691 Mr. SPECTER. Mr. President, reserv- almost every committee, we are work- The other argument that I heard a ing the right to object, and I do not ining at deficit reduction. Because we are great deal about was that we are not tend to press this issue if we can’t get at war, because we have had three ter- funding up to the level of authoriza- agreement, but I would like to stack rible hurricanes, because we have new tion. Mr. President, that is a conven- the Dodd amendment, say, behind the homeland security needs, and because ient political argument, but let us Clinton amendment so we can save entitlement spending—mandatory think about what we mean by that. I time. spending—is growing out of control, we do not have the figures—I wish I did— Let me restate the understanding. are all trying to do a good job of living of how much money we have author- There will be 10 minutes for Senator better within our means. So we are ized to be spent for all the programs of ALEXANDER, and there will be a vote on working to have a deficit reduction of the federal government. But if we spent the Byrd amendment. We will then pro- $35 billion, and this would add another all the way up to that authorization, ceed to a Dodd amendment. If there is $5 billion in the opposite direction. which thankfully we don’t, there would no intervening Republican seeking rec- The second point I would like to not be enough printing presses in ognition to offer an amendment, we make to put this into perspective is Washington, DC, to print that much will proceed to the Clinton amend- that, as important as this program is, money. We almost never spend up to ment, and we will discuss at a later the Federal Government is not the the authorization for every defense time the sequence of votes. principal source of funding for K–12 program or for health or for HIV/AIDS The PRESIDING OFFICER. Is there education. We only spend 7 or 8 per- or for any other part of the Federal objection? cent. States don’t spend money for na- budget. We have set an authorization Mr. BYRD. Reserving the right to ob- tional defense by and large, and we level as sort of a top, a maximum, and ject, and I have no intention to object, don’t spend much money for K–12. We then we appropriate every year what Mr. President, as I understand it, 10 spend 7 or 8 percent. The State and we can afford to spend based upon the minutes will be utilized by the Senator local governments have the major re- needs that we see. from Tennessee for remarks only. sponsibility for our elementary and So the idea that we are not appro- Mr. SPECTER. Mr. President, that is secondary schools. priating to the authorization level is The third thing I would like to men- correct. The Senator from Tennessee not a valid basis upon which to cast tion to put things in perspective is that will speak in opposition to the Byrd this vote. Also, I think it is important money isn’t everything. The top five amendment and in support of the budg- to note that there is a lot of money al- State spenders in terms of dollars, et point of order, but he will just make ready appropriated by the Federal Gov- total dollars for kindergarten through a statement. Nothing will be offered. ernment that is unspent. The Depart- the 12th grade, have the widest Mr. BYRD. I have no objection. ment of Education has some figures on achievement gaps between White stu- The PRESIDING OFFICER. Is there that. The most conservative estimate dents and Minority students, Hispanic further objection? If not, the Senator is that prior to this year, so not even from Tennessee is recognized for 10 students and African-American students. For example, in Massachusetts, counting money appropriated in this minutes. fiscal year, there is 1.7 billion Federal Mr. ALEXANDER. I thank the Chair. a State which spends about $9,500 per student, there is a 33-percent gap be- dollars that we have appropriated to I thank the Senator from Pennsyl- tween White and Minority students. In State and local governments for vania. I thank the Senator from West Connecticut, which spends even more, schools that is waiting to be spent, Virginia for his courtesy of allowing more than $10,000 per student, there is which raises the question: Shouldn’t me—and the Senator from Iowa and also a significant gap between White we be cautious about how much more the Senator from Connecticut—allow- and Minority students. So even the we spend? ing me 10 minutes to speak. States that spend the most money do Now, the budget that we are acting Mr. President, I am here in support not get the best results. Money is not on would add $100 million to title I, of the budget point of order of the Sen- everything. bringing the number up to 12.8 billion ator from Pennsylvania to the Byrd Another point to put this in perspec- Federal dollars, or a 47-percent in- amendment. Let me see if I can say in tive: we are spending more on edu- crease since the last year of President just a few minutes why I support that. cation in our country today than at Clinton. That is a big increase, and just I would like to ask the Chair if he any time in history—more than we did to put this in perspective again, I have will let me know when I have 1 minute when we had a surplus, more than we this chart. I think to be fair about it remaining. did when we were not at war, more we would have to say President Bush, The PRESIDING OFFICER. Abso- than we did when we didn’t have big this President, and the Congress with lutely. hurricanes and a terrorist attack and which he has served in the last 2 years, Mr. ALEXANDER. Mr. President, the homeland security concerns. And Fed- have been good friends to title I. question is funding for the title I pro- eral increases for K–12, even though During President Clinton’s time in gram, Federal funding for our public they are a smaller part of the pie, have office, 8 years, the increase was $2.4 bil- schools across the country that helps gone up more rapidly than State in- lion. President Clinton cared about disadvantaged children. It is a very im- creases over the last several years. education. I know that; I served with portant program. I heard the Senator For example, in Tennessee, my home him when he was Governor. We worked from West Virginia describe the impor- State, there is $50 million a year, $25 together on those things with other tance of it. I agree with him about the million of it new money, for teacher Governors, too. And he felt it was im- importance of the program, but to try training, to help teachers become high- portant over his 8 years to increase to put things into perspective, let me ly qualified. title I by $2.4 billion. I salute him and make a few points. Now, that is a lot of money. Those those past Congresses for having done First, the Senator from West Vir- are Federal dollars. It would be enough that. But if we are going to salute him ginia, if I am not mistaken, is sug- money to give every teacher about an and those past Congresses, I think we gesting we spend $5 billion more, $2.5 $858 pay increase a year. So the State ought to pat ourselves on the back a billion a year on this important pro- could choose to use that money to help little bit, and this President, because gram. But he has not found some other all of those teachers go to the commu- in this President’s first 4 years he in- place in the budget to reduce the nity college or some other program to creased funding by $4 billion. And so spending. So this is $5 billion beyond become better trained teachers, or the did the Congress. So it is $4 billion for the budget, and this comes at a time State could use those Federal dollars the first 4 years of Bush, $2.4 billion for when all of the committees of the Sen- to give every Tennessee teacher an $800 the 8 years of Clinton. ate have been working hard on deficit pay raise based on some merit pro- Now, one may say, well, this was reduction. In the agriculture com- gram. So there is a lot of new Federal after No Child Left Behind was en- mittee, in the education committee, in money. acted; it should have gone up. And that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23692 CONGRESSIONAL RECORD—SENATE October 26, 2005 is correct, it should have gone up. I was to waive the Budget Act with respect Without objection, it is so ordered. not here when that happened, but the to amendment No. 2275. The yeas and The Senator from Iowa. Congress looked at that and said we nays have been ordered. The clerk will AMENDMENT NO. 2283, AS MODIFIED made a new commitment. We need ad- call the roll. Mr. HARKIN. Madam President, be- ditional dollars for title I. We need ad- The bill clerk called the roll. fore we proceed to the Dodd amend- ditional funds for IDEA. We need addi- Mr. MCCONNELL. The following Sen- ment, I believe the pending amendment tional funds for teacher training. We ators were necessarily absent: the Sen- is my amendment. I have a modifica- need additional funds for some of the ator from Florida (Mr. MARTINEZ) and tion at the desk. I ask for its consider- things we have asked the States to do. the Senator from Virginia (Mr. WAR- ation. So we have increased funding for title NER). The PRESIDING OFFICER. The Sen- I over 4 years by 47 percent—over 5 Mr. DURBIN. I announce that the ator has a right to modify the amend- years. Senator from New Jersey (Mr. ment. The amendment is so modified. So including this budget, title I CORZINE), the Senator from Minnesota The amendment (No. 2283), as modi- would be up to $12.8 billion, or 47 per- (Mr. DAYTON), and the Senator from fied, is as follows: cent since the last year of President Florida (Mr. NELSON) are necessarily (Purpose: To make available funds for Clinton. absent. pandemic flu preparedness) I am here today agreeing with the The PRESIDING OFFICER (Ms. MUR- On page 169, line 18, strike ‘‘$183,589,000: distinguished Senator from West Vir- KOWSKI). Are there any other Senators Provided, That 120,000,000’’ and replace with ginia that title I is an immensely im- in the Chamber desiring to vote? ‘‘$8,158,589,000: Provided, That 8,095,000,000’’ portant program. I am proud of the The yeas and nays resulted—yeas 44, Mr. HARKIN. I further ask unani- fact that the Congress and President nays 51, as follows: mous consent that no second-degree Bush have over the last 4 years in- [Rollcall Vote No. 269 Leg.] amendments be in order on the Dodd creased it by $4 billion. That builds on amendment prior to the vote. YEAS—44 significant increases in title I that The PRESIDING OFFICER. Is there have been approved by Congress during Akaka Feinstein Mikulski objection? the time of President Clinton and even Baucus Harkin Murray Bayh Inouye Nelson (NE) Without objection, it is so ordered. before that. It may be that as time Biden Jeffords Obama The Senator from Connecticut. goes on and we see the need, and we are Bingaman Johnson Pryor AMENDMENT NO. 2254 not in the middle of a war and we don’t Boxer Kennedy Reed Byrd Kerry Mr. DODD. Madam President, I un- have three hurricanes of Titanic pro- Reid derstand that we have a 45-minute time Cantwell Kohl Rockefeller portion and homeland security be- Carper Landrieu Salazar agreement on this amendment. Is that Clinton Lautenberg comes less of a risk, we will have more Sarbanes correct? Collins Leahy money available. But in these times I Schumer Dodd Levin Mr. SPECTER. Madam President, believe the proper thing to do is to de- Dorgan Lieberman Snowe that is correct. vote this amount of money to title I Durbin Lincoln Stabenow Mr. DODD. Madam President, I call Wyden and support the budget point of order Feingold Lugar up amendment No. 2254 and ask for its of the Senator from Pennsylvania. NAYS—51 immediate consideration. I thank the Chair, and I thank the Alexander Crapo Lott The PRESIDING OFFICER. The Senators for giving me this oppor- Allard DeMint McCain clerk will report. tunity to speak before the vote. Allen DeWine McConnell The legislative clerk read as follows: Mr. KOHL. Mr. President, I rise Bennett Dole Murkowski Bond Domenici Roberts The Senator from Connecticut [Mr. DODD], today as a proud cosponsor of the Byrd Brownback Ensign Santorum for himself, Mr. KENNEDY, Mrs. CLINTON, Mrs. amendment. This amendment would in- Bunning Enzi Sessions MURRAY, Mr. KERRY, Mr. LAUTENBERG, Mr. crease funding for title I by $5 billion. Burns Frist Shelby CORZINE, Mr. DURBIN, Mr. LIEBERMAN, Ms. The No Child Left Behind Act author- Burr Graham Smith STABENOW and Mr. DAYTON proposes an Chafee Grassley Specter amendment numbered 2254. ized $22.7 billion in fiscal year 2006 for Chambliss Gregg Stevens title I, which serves low-income, dis- Coburn Hagel Sununu Mr. DODD. Madam President, I ask advantaged students and schools across Cochran Hatch Talent unanimous consent that the reading of Coleman Hutchison Thomas the amendment be dispensed with. the Nation. Unfortunately, this bill Conrad Inhofe Thune falls $9.9 billion short. This modest $5 Cornyn Isakson Vitter The PRESIDING OFFICER. Without billion increase is only half of the dif- Craig Kyl Voinovich objection, it is so ordered. The amendment is as follows: ference between the authorized amount NOT VOTING—5 in NCLB and the Senate bill level. (Purpose: To increase appropriations for Corzine Martinez Warner Head Start programs) I strongly believe that one of the Dayton Nelson (FL) Federal Government’s primary roles is On page 162, line 1, strike ‘‘$9,000,832,000’’ The PRESIDING OFFICER. On this to improve education for disadvan- and insert ‘‘$9,153,832,000’’. vote, the yeas are 44, the nays are 51. On page 162, line 7, strike ‘‘$6,874,314,000’’ taged students. Without adequate fund- Three-fifths of the Senators duly cho- and insert ‘‘$7,027, 314,000’’. ing, we will put States, school dis- sen and sworn not having voted in the tricts, teachers and ultimately, stu- Mr. DODD. Madam President, the affirmative, the motion is rejected. dents, at an even greater disadvantage Head Start Program, which is what The point of order is sustained. The as many will be unable to meet the re- this amendment is about, is, of course, amendment falls. quirements in the new law and it will very familiar to all Members. The Head Mr. SPECTER. Madam President, I be the students who will suffer. I hope Start Program began some 40 years move to reconsider the vote and lay my colleagues will support this impor- ago. Ed Zigler from the State of Con- that motion on the table. tant amendment. necticut, who hails from Yale Univer- The PRESIDING OFFICER. All time The motion to lay on the table was sity, was the father of the Head Start has expired. Under the unanimous con- agreed to. concept and idea. I think it goes with- sent agreement it is now appropriate to The PRESIDING OFFICER. The Sen- out saying that with the reforms that have a rollcall vote. ator from Pennsylvania. have been instituted over the last num- The Senator from Pennsylvania. Mr. SPECTER. We are now prepared ber of years, Head Start has been a Mr. SPECTER. Mr. President, one to proceed with the Dodd amendment. I very successful program during the more reminder. This is a 20-minute ask unanimous consent that we limit past 40 years. vote. the time on this amendment to 45 min- There have been modifications to the I yield the floor. utes equally divided. program that I think have even The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there strengthened it over the years. Lit- question is on agreeing to the motion objection? erally thousands of American children,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23693 who would otherwise not get a good ing up because of the rising costs of leagues today is to say for the coming start in their educational process, have running these programs. fiscal year can we do what is possible been benefitting as a result of Head Energy costs are going up on the av- to avoid some 20,000 children who are Start. erage in Head Start Programs by 15 presently in the program from falling Annually, there are some 900,000 chil- percent. Transportation costs are going out of it? dren in the United States who are in- up 16 percent. Health insurance in The second study I want to point out volved in some 18,000 programs across some places has gone up as high as 25 has just come out in the last several the country. That is serving about one percent. Training for staff is up 4 per- days. I do not know if my colleagues in four of the eligible children under cent. Facility maintenance is up 9 per- have yet received these in their offices. Head Start. cent. Services for children with special My colleagues, Senator LAMAR ALEX- Over the years, there have been var- needs, of course, continues to rise. ANDER and JEFF BINGAMAN of New Mex- ious amendments that have been of- This amendment does not expand the ico, went to the National Academy of fered to fully fund Head Start or to program. It is not going to add 100,000 Sciences a couple of months ago. If I raise the amounts considerably to in- children to the Head Start Program. It can paraphrase their request, they said crease the number of eligible children is just designed to make sure that we to the National Academy of Sciences: who could receive a Head Start Pro- do not see the program deteriorate, Would you mind telling us, over the gram. That is not my amendment that we do not force children presently next number of years, what are the 10 today. in the program to be dropped because things we ought to better prepare to I should have begun these remarks by we are unable to meet the predictable handle the math, the science, and the thanking my colleague from Pennsyl- inflationary costs of about 2.7 percent technology demands of our Nation? vania. He has been recognized already in Head Start Programs across the I am not going to recite the full by the Senator from West Virginia and country. That is the rationale for it. It study here, which is entitled ‘‘Rising the Senator from Iowa for his support is not an excessive amendment at all. Above the Gathering Storm.’’ I will of these programs and ideas over the It is a realistic effort to try to do what just list some of the authors. The chair years. In fact, some 24 years ago, when we can to see to it that these children is Norman Augustine, the retired chair he and I arrived as newly minted Sen- are going to get the kind of start they of Lockheed Martin; Craig Barrett, ators in January of 1981, we formed to- deserve. chairman of the board of Intel Corpora- gether something called the Children’s To make my case, I want to point out tion; Rick Levin, the president of Yale Caucus in the Senate. Senator SPECTER two studies. One was done a number of University; the president of MIT, the and I were the chair and co-chair of years ago. It was a survey done of kin- president of DuPont company, the that caucus, to raise the level of aware- dergarten teachers throughout the president of Rensselaer Polytechnic In- ness about issues affecting one in four United States. These were asked, How stitute—it is just an incredible list of Americans who are children. We had a ready are children when they come to distinguished Americans and academi- variety of ad hoc hearings. We did not kindergarten? How ready are they to cians who worked over a period of have any funding. We did not have the learn? Over 50 percent of kindergarten time, I think 3 or 4 months, to come means to actually go out and solicit teachers in the United States, when out with a series of recommendations. public support for our efforts to high- surveyed and asked that question, re- I will not go through all of their re- light some of these issues. sponded that the majority of children port. You will get it and it is worth The very first ad hoc hearing Senator were not ready to learn when they en- looking at. There were some very dra- SPECTER and I ever held dealt with tered kindergarten. matic recommendations and ones we latchkey children, afterschool pro- There are a variety of reasons for should take very seriously. grams, childcare, the related issues for that. We are not going to solve the Their findings come in this smaller single parents or both parents working. problem overnight. But we do know pamphlet entitled ‘‘Rising Above the We were trying to get those children to now, after 40 years, that children who Gathering Storm.’’ In the first para- have a good start to provide some re- are in a Head Start Program clearly graph, these distinguished Americans sources and support for them. We went benefit and have a much higher degree say: on to hold a variety of different hear- of success than children in similar cir- We are worried about the future prosperity ings over the number of years there- cumstances who do not participate in of the United States. Although many people after. He was a great advocate and a programs. assume the United States will always be a great supporter of those programs. He We know, for instance, that Head world leader in science and technology, this Start children are more likely to main- may not continue to be the case inasmuch as continues to be today. great minds and ideas exist throughout the Today I recognize that in fact the tain grade level performance in ele- world. We fear the abruptness with which a committee has had a modest increase mentary schools and on into secondary lead in science and technology can be lost, in the Head Start Program of some schools. We know that Head Start chil- and the difficulty of recovering a lead once $31.2 million. I am appreciative of that. dren stay out of the juvenile justice lost if, indeed, it can be regained at all. This My amendment merely raises that system to a far higher degree than chil- Nation must prepare with great urgency to amount by $153 million to make sure dren who are not in those programs. preserve its strategic and economic security. we do not have a decline or loss in serv- We know that children in the Head It continues, but I think that lan- ices for the 900,000 children being Start Program are less likely to be- guage directly bears on the amendment served. This amendment is designed to come abusers of substances, either al- I am offering today. The No. 1 sugges- protect about 20,000 children who would cohol or drugs. We know these chil- tion they make—I don’t think they fall out of the Head Start Program if dren, who are involved in Head Start necessarily prioritize it, but the first we were not able to keep pace with the Programs are less likely to become suggestion is to train and put into the rising costs of administering these pro- teen mothers. field 10,000 teachers a year in math and grams. In statistic after statistic, we find the sciences. The goal is that each one Also, I ask unanimous consent that these children who get the benefit and of these teachers might educate 1,000 Senators KENNEDY, CLINTON, DURBIN, advantages of a Head Start Program students over a career, so that over KERRY, MURRAY, CORZINE, LAUTENBERG, have a greater likelihood of success. It time a million students in our country LIEBERMAN, STABENOW, and DAYTON be is not a guarantee of success. There are would benefit from a tremendous edu- listed as cosponsors of this amend- obviously children who do not make it. cation in science and math and engi- ment. But we know after 40 years this pro- neering. The PRESIDING OFFICER. Without gram works pretty well. If America is going to avoid exactly objection, it is so ordered. Again, I am not suggesting today we what these distinguished Americans Mr. DODD. The idea is just, if we can, expand the program. I have tried that have warned us against we must pre- to get these levels of support and fund- in the past. All I am asking my col- pare teachers and children. Let me go

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23694 CONGRESSIONAL RECORD—SENATE October 26, 2005 back to the statistic I mentioned a mo- becomes the head of Lockheed Martin my colleague from Pennsylvania and ment ago, that if the kindergarten or becomes the president of RPI or my colleague from Iowa, you have a teachers of America are right, half of Yale University. And they are there. thankless job. I know it is not easy to children entering kindergarten today These kids are not just in the private have Members like myself coming over, are not ready to learn. It is one thing schools. They are not just in the afflu- making these cases to you. But my to have teachers, but what if you don’t ent neighborhoods. Talented Ameri- hope would be in some instances, par- have the students who are ready to cans are in every neighborhood in ticularly this one, that we would un- learn? If we know that Head Start kids America, and we ought to be able to do dertake the responsibility of trying to are more likely to be prepared for better for these children. We ought to at least keep the program alive. school, stay in school, stay out of trou- be able to say: This year things are Barbara Tuchman wrote a wonderful ble, avoid substance abuse, don’t be- tough, we can’t expand the program. book years ago. She is no longer with come teen parents, then we ought to be But we are not going to lose any kids. us. She wrote a number, but one of doing what we can to keep those 900,000 We are not going to leave any child be- them is called ‘‘The March of Folly,’’ kids in the program. We know full well hind in a Head Start Program. and it mostly dealt with strategic mili- that Head Start, after 40 years, does Listen to the warnings of this report. tary questions, going throughout past make a difference. It can happen with abruptness, and history. Her point was that nations We can do a lot better. We can do so once lost, very difficult to regain. So commit folly when they engage in be- much better if we start making these while we expand the pool of teachers, havior they know is unwise yet they modest investments. We know the while we do everything we can to give pursue it anyway. This is a different modest investments in these programs kids a chance to learn, we have to kind of problem than a mistake you pay huge dividends. Should we not try make sure these kids are ready to make when you didn’t know it was a to stop some erosion in this program? learn. Head Start, for 40 years has done mistake until later. But the follies, ac- That is all I am offering today, a mod- that. cording to Barbara Tuchman, were est 2.7-percent increase, a little more It has made it possible for kids to be- when you knew you were making a than $150 million to just keep the num- come ready to learn. Not that they mistake and you went ahead and did it ber of children in the program there for make it in every case, again, but we anyway. the coming fiscal year. Then, I hope, in know without any question today that In a sense, for us not to keep these the coming years when our fiscal con- the difference between a child who is in programs whole is the ‘‘March of dition is much stronger and better cer- an Early Head Start or Head Start Pro- Folly’’ when it comes to America’s fu- tainly than it is today, we can do more gram and a child who is not is the like- ture. We know, we know it as well as to see that these children have a lihood the Head Start participant will we know anything in this body, that chance to go on. avoid the obvious pitfalls that can hap- the key to America’s success has been Someday I want to come back and pen so quickly in a young person’s life. based, throughout its 220-year history offer an amendment again, as I did There is a greater likelihood they will on an educated population. I have said years ago, to make sure every eligible go through it. this maybe 1,000 times; 201 years ago, child can get in a good program like I am offering this amendment today, Thomas Jefferson said: Head Start and Early Head Start. I pleading with my colleagues, let’s not Any nation that ever expects to be igno- wouldn’t try that today. I know my lose 20,000 kids. We have not yet even rant and free colleagues cannot accept that. I under- begun to discuss this ‘‘Rising Storm’’ Expects what never was and never possibly stand the budget realities. But can we report. I like big ideas, and one of the can be. not find $153 million? We are spending reasons I am so fond of my colleague If that was true in the beginning of $6 billion a month in Iraq. That doesn’t from Tennessee is because he likes big the 19th century, here we are in the be- include Afghanistan. My colleague ideas. He wanted to come to the Senate ginning of the 21st century with all the from Tennessee and I and Senator ENZI to grapple with a big idea, and this is explosions of advances around the and Senator KENNEDY recently worked a big idea. I am sure he has not, nor am globe. If we don’t make these invest- on a package for 1 year to help out I, endorsing every dotted I or crossed t ments, if we don’t do everything pos- some 400,000 students who have lost here. But it is a very big idea. Head sible to educate our children, knowing their schools as a result of Katrina and Start is a big idea that Ed Zigler had 40 that the failure to do so puts this Na- Rita—mostly Katrina. It was a great years ago, and today there are some tion at risk on every level, is in fact idea. Let’s put aside our differences. 900,000 children in this country who the ‘‘March of Folly.’’ Let’s make sure these kids can get benefit from it, less than 50% of those It could be a new chapter for Barbara going so they do not miss a year be- who are eligible. It is a big idea that Tuchman were she alive today and cause the schools have been washed needs to be protected. We need to be writing the sequel to her own book. To away or destroyed. thinking about both parts of the equa- not support these efforts, I think, leads But there are not hurricanes and nat- tion—we need teachers and we need us on a path that these distinguished ural disasters all over our country, students. We can do a lot better, in my academicians and others have strongly thank the Lord. But these children in view, if we try to do both. We are not identified in their report. Head Start, in many ways, live in a dis- going to deal with this report this Again, read their words on the open- astrous situation every day. They live year. But it seems to me we know Head ing page, if you will, of ‘‘Rising Above in chaos, many of them. They live in Start works and the success we have the Gathering Storm.’’ families and neighborhoods where it is had with it, and knowing the costs that We are worried about the future prosperity amazing that anyone can come out of the nearly 19,000 programs across the of the United States. Although many people them intact. Head Start has reached country are facing—energy, transpor- assume the United States will always be a into these communities and provided a tation, health insurance, training for world leader in science and technology, this safe place, a harbor for children with staff; all of these increases ranging may not continue to be the case. Inasmuch talents and abilities. If you go to a from 15 percent to 25 percent in the as great minds and ideas exist throughout the world, we fear the abruptness with which Head Start Program you see the chil- next year. Just to try to keep these the lead in science and technology can be dren are bright and they want to learn programs whole, to hold them harm- lost and the difficulty of recovering a lead and they overcome obstacles, as their less, is something I think is worth once lost, if indeed it can be regained at all. parents do every day, to give them a doing. This Nation must prepare with great ur- chance to get going. I don’t want some Therefore, I offer this amendment on gency to preserve the strategic and economic kid in a Head Start Program to be behalf of myself and my colleagues security. dropped out this year who could have with the hopes that there will be Those words are about as clear as become that engineer or that scientist enough votes maybe to overcome the they could be. Head Start is an integral who becomes that CEO of Intel or who budget considerations. Again, I say to part of that, in my view. There is a

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23695 sense of urgency that ought to be about stay within the limits which the budg- The amendment is as follows: it. et resolution has provided. That re- (Purpose: To provide additional funding for My hope is again that my colleagues quires, much as I dislike to, raising a part B of the Individuals with Disabilities will see their way through to sup- budget point of order. Education Act) porting this amendment. Much as I dislike doing so, I raise a At the end of title III (before the short I thank the Chair. point of order under 302(f) of the Con- title), add the following: The PRESIDING OFFICER. The Sen- gressional Budget Act that the amend- SEC. ll. In addition to amounts otherwise appropriated under this Act, there are appro- ator from Pennsylvania. ment would put the authority and out- priated, out of any money in the Treasury Mr. SPECTER. Madam President, lis- lays in excess of the subcommittee’s not otherwise appropriated, $3,958,901,143 for tening to the passionate presentation 302(b) allocation and, therefore, is out carrying out part B of the Individuals with by the Senator from Connecticut, I of order. Disabilities Education Act (20 U.S.C. 1411 et agree with virtually everything he said Mr. DODD. Madam President, much seq.). but nothing more than when he said as I regret, I move to waive the appro- that Senator HARKIN and I have thank- priate sections of the Congressional Mrs. CLINTON. Madam President, I less tasks. Budget Act, and I ask for the yeas and come to the Chamber today to offer an It is very hard to reply to what the nays. amendment to provide much-needed re- Senator from Connecticut has had to The PRESIDING OFFICER. Is there a sources to help educate the most needy say about the importance of Head sufficient second? of our students in New York and across Start without agreeing with him, and There is a sufficient second. America. his reminiscences back to January fol- The yeas and nays were ordered. At the outset, I would like to recog- lowing the 1980 election when 18 new Mr. DODD. Madam President, may I nize some of my colleagues who have Senators came to the Senate—16 Re- inquire how much time remains on this been extraordinary leaders on behalf of publicans and 2 Democrats. I was one amendment? children with special needs, starting with my colleague from Connecticut of 16, and Senator DODD was one of 2. The PRESIDING OFFICER. The His class has maintained 50 percent sponsor’s time has expired, and 17 min- who is still here on the floor, Senator representation. Our class is down to utes 20 seconds remains on the other DODD. He has been a longtime leader in the fight to increase Federal funding one-eighth, 121⁄2 percent. Senator DODD side. for special education. In that fight for and I formed the Children’s Caucus. He Mr. SPECTER. Madam President, I years have also been Senators HARKIN, wasn’t a chairman anywhere because yield back my time. KENNEDY, JEFFORDS, HAGEL, and others he was in the minority. He wanted to Mr. DODD. Madam President, it is who have come to this Chamber repeat- have a gavel—at least half a gavel. I my understanding that the Senator edly championing the right of those chaired the Juvenile Justice Sub- from New York is going to offer an with special needs and reminding us committee. We talked and formed a amendment. that the noble effort we undertook as a caucus. I think we did very good work. Mr. SPECTER. Madam President, we nation to require that children with I think some of the work we did has are going to move to the amendment disabilities and special needs be given followed its way into Head Start and by the Senator from New York. Mr. DODD. I thank the Senator. I the education they deserve, to have as very important juvenile programs. thank the Chair. a mandate that has been placed upon As Senator DODD has said, it is a Mr. SPECTER. Madam President, I our local school districts. It is a noble thankless job to manage this bill, to ask unanimous consent that the pend- and worthy undertaking to require make allocations of $145 billion among ing amendment be set aside tempo- that no child literally be left behind, education, health care, and labor and rarily and the vote in relation to this but it is a burden that we should recog- work safety. We have done the very amendment be determined by the ma- nize that our local districts struggle best we could in our allocations. It has jority leader after consultation with with every school year. been crafted, as I said, jointly by Sen- the Democratic leader and that we I began working on special education ator HARKIN and myself. move ahead to the amendment to be of- issues as a very young lawyer literally Over the years, I have been and still fered by the Senator from New York, just out of law school many years ago am a steadfast supporter of Head Start. Mrs. CLINTON. working for the Children’s Defense We have in this budget almost $7 bil- The PRESIDING OFFICER. Without Fund. I worked on a project where I lion for Head Start, a very substantial objection, it is so ordered. walked door to door in communities, sum of money. Between fiscal year 1994 The Senator from New York. knocking on doors and asking people if and fiscal year 2004, we have doubled Mrs. CLINTON. Madam President, I they had school-age children. We had Head Start. appreciate the chairman’s kindness in realized when looking at census data Nothing would please me more than arranging this. As I understand, we compared to school enrollment data to be able to accede to the request by have by unanimous consent set aside that we were missing hundreds and the Senator from Connecticut, which the pending amendment. Is that cor- thousands and on a national basis mil- is, as he accurately stated, a moderate rect? lions of children. They were not in our request. Yesterday, the Senator from The PRESIDING OFFICER. The Sen- schools. What I found as I went from Massachusetts, Senator KENNEDY, of- ator is correct. home to home was alarming: Children fered an amendment on Pell grants AMENDMENT NO. 2292 with disabilities back in 1973 and 1974 which I thought was a good amend- Mrs. CLINTON. Madam President, I were not being sent to school. They ment. We had Senator BYRD’s amend- send an amendment to the desk. were being kept at home because the ment this morning for increased fund- The PRESIDING OFFICER. The schools were unable to care for them, ing on education title I, which is a clerk will report. to meet their needs. Many of them good amendment. It is difficult not to The assistant clerk read as follows: were thought to be uneducable. be able to support these amendments. The Senator from New York [Mrs. CLIN- I remember going into an apartment But in my job, it is necessary to take TON], for herself, Mr. DODD, Mr. KENNEDY, on the second floor of a wooden house the allocation which the budget resolu- Mr. JEFFORDS, Ms. STABENOW, Mr. DAYTON, in New Bedford, MA, to meet a lovely tion gives us and make the allocations Mr. LIEBERMAN, Mr. REID, Mr. LAUTENBERG, young girl of about 12 in a wheelchair, as best we can. Mr. KOHL, Mr. CORZINE, and Ms. MIKULSKI, just as bright and smart and curious as If Senator DODD had some suggestion proposes an amendment numbered 2292. you could imagine any child could be, as to an offset—that is, where we could Mrs. CLINTON. Madam President, I who had never been to school. There move some money from one account to ask unanimous consent that reading of were no accommodations in those days another on the basis of priority—I the amendment be dispensed with. for children or adults in wheelchairs. would be glad to consider whatever he The PRESIDING OFFICER. Without She was at home day after day. I re- had to say. But I am constrained to objection, it is so ordered. member meeting another child who

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23696 CONGRESSIONAL RECORD—SENATE October 26, 2005 was blind, and her parents didn’t want we just learned the Children’s Rehabili- National Center for Education Statis- to send her over to the State school for tation Center, a wonderful program tics reports New York’s demand for blind children which was some distance that serves children with disabilities IDEA has consistently increased over away, so she was at home. such as cerebral palsy, spina bifida, the last decade and a half. Since 1991, We recorded all of these children Down’s syndrome, is closing. That the percentage of children between with their needs, and we presented a leaves parents scrambling to find other ages 3 and 21 served by IDEA has in- report by the Children’s Defense Fund arrangements. The parents are under- creased by over 43 percent. We have, at which was used by leaders in this body standably concerned about the impact the same time, increased by 61 percent to argue for and eventually pass the of this closure on their children. the number of children receiving these 1975 Education for All Handicapped Our local newspaper, the Journal services. Nationwide, the upward tra- Children Act. That is today known as News, in a recent op-ed about the situ- jectory has been even more dramatic. IDEA, Individuals with Disabilities ation, said the following: Our country has experienced a 73-per- Education Act. Hearts of compassionate people, of course, cent increase in the number of students This watershed act—no country had go out to the [parents]. But there are public- in IDEA between 1976 and 2002. Accord- ever tried to open the doors of its edu- policy implications also at play here that ing to CRS, the Congressional Research cation system to children with special many, if not most, taxpayers may not real- Service, the cost of ‘‘regular’’ edu- needs—was an extraordinary accom- ize. cation has increased 4 percent in con- plishment for our Nation. It promised The paper went on: stant dollars since 1985, while the cost every child the right to a free, appro- The reality is this. All children have a of special education has increased 10 priate public education. Senator JEF- right to an education, one that is in the percent. Part of the reason is because we have FORDS and Senator KENNEDY actually home district or as close as possible. Public also witnessed dramatic increases in helped to author that bill, and Sen- education, and transportation to it, are paid for by a combination of local, state, and fed- the rates of diagnoses of particular ators DODD, HARKIN, and others have eral funding. When a desperately needed pro- types of disabilities. Before 1985, for in- been fighting to make sure it lives up gram like Children’s Rehabilitation Center stance, only 4 to 6 of every 10,000 chil- to its promise ever since. scales down, and even if accommodations are dren were diagnosed with autism. Today, Senator DODD and I are seek- made for those affected, the impact is well Today, 1 in 1,000 is considered a con- ing to honor that original promise, the beyond an individual family and employees— servative estimate. We should not be pledge to provide up to 40 percent of it affects the entire community and, quick- discouraged by this increasing need for the per-pupil expenditure for students ly, local school districts. And, yes, that services. Part of the reason more chil- with disabilities. Today, the Federal means higher property taxes. dren are being identified is as a result Government provides less than 25 per- A similar situation is occurring in Bethlehem, NY, where property owners of our paying more attention to chil- cent, which makes it very difficult for dren with disabilities. One of the pro- schools to provide a high-quality edu- are facing a 7.9-percent increase in their tax rate for the coming school grams we have turned to over the last cation to students with disabilities. several years, the Preschool Grants year, in part, to pay for increased spe- In short, after 30 years, the Federal and Infants and Toddlers With Disabil- cial education costs. Under the new Government still fails to live up to the ities Program, helps identify children rate, a homeowner whose property is promise we made in 1975 to every child, earlier, which in turn helps them get assessed at $100,000 will be charged $203 to that child’s family, and to the better educated and learn how to deal more this year than last year. school districts of America. with their particular disability. It goes According to a recent article in the This amendment will provide close to hand in hand. It is a good news and Pittsburgh Post-Gazette, Pennsylvania $4 billion. That is the difference be- challenging news story. The good news is considering a proposal for additional tween the amount appropriated in the is we are reaching out and finding out funding for special education that Senate bill and the amount promised in about what disabilities children suffer would enable property taxes to be cut IDEA. For New York, that would mean from. But the challenge is, how we are $243 million extra. in half. going to take care of their needs? Lack of funding for this mandated I know many of my colleagues on the We still have a lot of work to do on program, as important as it is, has se- other side of the aisle will come to the student assessments. We know from rious implications for local commu- Senate and argue this amendment State assessments there is a large gap nities. School districts do not have a breaks the budget, raises the deficit, between the performance of students choice about whether they comply. and could increase Federal expendi- receiving special education services They are legally required to do so, and tures. The truth is, quite simply, this and their nondisabled peers. Wide gaps they should be. They have to provide amendment would lower taxes for New also exist in the performance of stu- the necessary services that ensure Yorkers and for all Americans who pay dents with disabilities who attend every child with special needs receives property taxes because it will relieve high-need school districts compared to that free, appropriate public education. some of the pressure on local commu- school districts with greater resources. Throughout New York, I have spoken nities. The choice before the Senate And a great percentage of minority with many educators, teachers, prin- today is not between this amendment students are identified as having dis- cipals, and superintendents who work and lower taxes for Americans. The abilities. Once identified, a greater per- hard every single day to make IDEA a choice, as it impacts many commu- centage are placed in more restrictive reality for the children in their care. nities, is between this amendment and special education settings. But the other reality in today’s dif- higher local property taxes. The total We must remain accountable for the ficult budget times is that it is increas- tax burden for American families will promises we made these children. ingly difficult for our schools to meet stay roughly the same. We will succeed Under No Child Left Behind, we are the mandate of IDEA without cutting only in shifting the responsibility for testing these children. We are pub- other educational services for all the raising revenue to overburdened local- lishing the results. We are telling other children in the school district. I ities and homeowners, struggling to school districts, you cannot come to us am talking about essential services meet the mandates of No Child Left Be- and say you have to discard the scores such as teachers’ salaries, programs hind and the 30-year-old mandate of of our children with Down’s syndrome that enrich the curriculum, and after- IDEA. or cerebral palsy. We are saying, we ex- school programs. Oftentimes the cost This amendment is particularly crit- pect you to educate all of your chil- of special education is the driving force ical today because the cost of special dren. I am very supportive of that. as to why school districts seek in- education has increased substantially However, in order to do that, we have creases in property taxes. in both absolute and relative terms. to be fair to the school districts and I will give an example from my own Today, 15.3 structures in New York give them the resources they need to home county. In Westchester County public schools have special needs. The fulfill this mandate.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23697 We are in the year 2005. We cannot voting record for reelection to vote number of us have worked on this blame the economy. We cannot blame against Head Start, against education issue. But my colleague is much too the war in Iraq. We cannot blame funding, against Pell grants, and humble. The fact that she has only Katrina and Rita in failing to make against special education. been in this Chamber a little short of good on our promise for special edu- I have stayed with this Sub- her first term belies her interest in this cation funding. This has been going on committee on Labor, Health, and Edu- subject matter, which goes back years. for 30 years, through good times and cation because it is important. Senator As she pointed out, she was a lawyer challenging times. Now more than ever HARKIN and I have led the way on fund- working with the Children’s Defense we need to invest in the education of ing for NIH. We have some very impor- Fund. I know our mutual friend, Mar- children with special needs. I hope we tant funding for the Centers for Dis- ion Wright Edelman, has had this issue will do just that. It is time we step up ease Control. But I think we have done on the agenda for years and years and and put the Federal Government on a great deal with this budget, to the years. While the Senator from New record to fulfill its promise and provide maximum extent possible. Each year it York is a relatively new Member of the resources, help districts keep down becomes much more difficult. The in- this Chamber, she is not a newcomer to property taxes, help them meet the crease of $100 million for special edu- this issue. I am delighted she is taking needs of these children. cation this year is insufficient. I wish the lead on this issue this year to high- I hope if there is a budget point of there were more money that could be light the importance of this issue. order, which I fully expect there to be, advanced. I am well aware that the She made all the important argu- that my colleagues will vote in favor of education for special education, dis- ments. Again, I think the Senator from fulfilling the promise of IDEA and op- abled, and handicapped puts people in New York and I both agree, saying to posing the budget point of order. the mainstream of American life and our friend from Pennsylvania: We don’t I yield the floor. improves the quality of their life. It is want you to go anywhere. We like the The PRESIDING OFFICER. The Sen- important. fact you are the chair. You won’t mind ator from Pennsylvania. But when we have a budget resolu- if the Senator from New York and I Mr. SPECTER. Madam President, I tion that is thought out—and I voted might prefer that Senator HARKIN were concur with the Senator from New for the $5 billion Senator KENNEDY the chairman of the committee and York about the tremendous importance wanted to add to education which you were the ranking member of that of special education. That has been a would have given money. It was a 51- committee. You will appreciate our de- priority of mine since becoming chair- to-49 vote. I was importuned by the Re- sire to be in the majority, not in the man of the subcommittee. publican cloakroom with great pres- minority, on these issues. But we ap- In the 1996 fiscal year, the Federal sure to change my vote and make it 50 preciate immensely the deep commit- contribution was 7.3 percent. Since to 50 so that amendment would go ment of the Senator from Pennsylvania that time, through fiscal year 2005, we down. I stayed with Senator KENNEDY’s on these issues, not just intellectually have raised it to 18.5 percent. We are amendment. If we had had $5 billion but passionately as well. And that is still a good bit shy of approximating a more, we could have accommodated understood. 40-percent figure, but when we look at what Senator CLINTON wants and what But, certainly, as you understand and the funding for IDEA, there have been Senator DODD wants and some of Sen- we understand the situation you are in, very marked increases as we have ator BYRD’s request, but we do not you must understand, as well, the posi- moved along, with an increase one year have the money. tion we feel so strongly about; and that of $1.3 billion, another year $1.1 billion. My duties require me to raise a point is, the people who rely and count on us We are now at a position where the of order, which I now do formally, but to come up here and raise these issues total funding for IDEA has come up I will desist because I see Senator DODD to try to see if we can’t do a bit better. very dramatically but candidly is not on his feet for a short speech. I know within the Budget Act the reas far as I would like to see it. We now The PRESIDING OFFICER (Mr. straints are there. But we all know as stand in a range of funding of $10.7 bil- THUNE). The Senator from Connecticut. well that we can make choices here in lion. Mr. DODD. I will wait until you this Chamber. We can make choices The amendment offered by the Sen- make the point of order. about revenue raising, about different ator from New York increases funding Mr. SPECTER. Mr. President, I raise priorities within our overall budget. I by $3.959 billion, almost $4 billion. Like a point of order under section 302(f) of don’t want to leave anyone with the the amendment offered by Senator the Congressional Budget Act that the impression that it is impossible for us DODD for Head Start, I would like to amendment provides budget authority to do this. It is not impossible for us to see the money for IDEA. Last year, and outlays in excess of the sub- do this. If the will of a majority here Senator DAYTON offered an amendment committee’s 302(b) allocation under fis- exists—or in this case a supermajority for $11 billion which—even that draws a cal year 2006 concurrent resolution and to overcome the Budget Act—we can do smile from my colleague from Con- therefore is not in order. this. necticut. Or the amendment offered by The PRESIDING OFFICER. The Sen- It is a matter of choices we all get Senator BYRD for $5 billion, or the one ator from New York. asked to make every single day. They yesterday for Head Start. Mrs. CLINTON. Mr. President, pursu- are not easy choices—I understand A few years ago, after managing this ant to section 904 of the Congressional that—from time to time, although I bill for some time, I made a determined Budget Act of 1974, I move to waive the think the case for special education is effort to become chairman of the Sub- applicable sections of that act for pur- so profoundly clear that it ought not committee on Foreign Operations. It poses of the pending amendment, and I be that difficult. We all appreciate the seems to me a good place to be so when ask for the yeas and nays. position the manager of the bill is in these votes came up I would be free to The PRESIDING OFFICER. Is there a when he offers, as he must, a point of cast a vote to exceed the budget limi- sufficient second? order because what we are suggesting tations, since it takes 60 votes. That There is a sufficient second. does break the ceiling. But that should means if you take 44 Democrats and The yeas and nays were ordered. not be a restraint on anyone else who Senator JEFFORDS and 14 votes pos- The PRESIDING OFFICER. The Sen- has the opportunity to make a choice sible, you can be with the good guys ator from Connecticut. about whether they think this issue and still not bust the budget. That lux- Mr. DODD. Mr. President, I will, if I has merit. ury is not enjoyed by the manager, may, take a few minutes in support of The Senator from New York has however. It is one of the footnotes in the amendment by my colleague from pointed out there has been a number of the manager’s book, you cannot raise a New York. I am a cosponsor of this people over the years—Republicans and point of order and vote against a point amendment. As she very graciously Democrats—who have supported in- of order. It presents a very difficult pointed out, over a number of years, a creasing funds for special education.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23698 CONGRESSIONAL RECORD—SENATE October 26, 2005 The Senator from New York rightly country, not just themselves because receives because we are providing an goes back and talks about a not too we have all benefited as a result of the opportunity for children who can make distant history—this is not ancient his- last 30 years of educational opportuni- such a difference in our society. tory—when millions of our fellow citi- ties. The other day I was talking with my zens, merely because they were con- My colleague from New York makes colleague, Senator ISAKSON. I think fined to a wheelchair, because they had a very good point. I have often said if Senator ISAKSON made this point. If he a physical disability, had a learning you go back to any community, any didn’t then I stand corrected. But I be- disability, were deprived the oppor- county in the United States today and lieve it was Senator ISAKSON. We were tunity to receive an education in our ask them: What could we possibly do to talking about special education and country. be of help to you?—now, there are the importance of these programs, and It was only 30 years ago we decided it unique circumstances. There may be a I was recalling that not that long ago was important we provide an oppor- road or a bridge or a dam or some spe- I went to a program in Connecticut tunity for every child—every child—to cial project. But I promise you, I don’t where there is an effort to integrate reach his or her potential and that our care whether you go from New Hamp- special needs children with main- educational system ought to be able to shire to Pennsylvania to South Dakota stream children. Part of the day these accommodate those children, and to to New York, walk into a county or children are also in special classes. see to it they have the opportunity to small town and ask, What are the Seeing special needs children inter- become as independent and as success- things we can help out with, and you acting with their peers was a wonderful ful as their God-given talents would will hear about No Child Left Behind. thing to see. provide them. That has been a great That may come first. But I will tell I wish all of my colleagues could success in our country. you what is either first or second, un- have been with me that morning to see Back not that many years ago, only less there is some special need that ex- the children who are not special needs 20 percent of children with disabilities ists in that community. It is special children and what an education they ever got an education. Imagine that. It education, and particularly if you go to are getting sitting in a classroom with is not that long ago. The Senator from rural communities, small towns. children who have learning disabilities New York has pointed out how she met I know in my own State, if you go to or other special needs. You can see children, when she was doing her work meet with the first selectman or these children defend, understand, early on, who were in wheelchairs, chil- selectwoman and ask, What is the cost, help, reach out, and recognize the tal- dren who were blind. you may find that you have one or two ents of their fellow classmates—in a My oldest sister Carolyn—whom special needs children whose edu- wheelchair or having a learning dis- many of my colleagues have met; I cational costs distort the local budget. ability because of some mental retar- know my colleague from New York has And it can throw their budget all out dation—and see how proud they are to met—was born legally blind. She just of whack. What it does, unfortunately, be in a classroom with these kids, how retired after 41 years of teaching. She as well, is it sort of singles out these proud they are of their accomplish- holds two masters degrees in early families and children as if somehow ments and what they can do, even childhood development. She ran and they are culpable for creating financial under limited circumstances. taught in Montessori schools, and difficulty to their community or their I cannot put a line item in the budget taught, in the late 1950s, in the Whitby county. for you on that one. There is no way I School in Greenwich, CT, with Nancy We made a promise 30 years ago. We can calculate the cost of what it means Rambusch, for those who follow Mon- made a promise that we would pick up for a child to understand that a fellow tessori and educational issues. the cost of 40 percent of the special classmate of theirs—in an elementary But for the financial situation of my educational costs. We are now at about school, by the way—is learning and family and my parents, who could go 18 percent. What the Senator from New doing their best. What a better citizen, out and provide an opportunity for my York offers us would get us to a little what a better person that child with- sister Carolyn who was born in the more than 24 percent, for 1 year, by the out those needs is because of that expe- 1930s, I would hate to think what might way. This is not an amendment that rience. It is an incredible thing to see, have happened to my sister under dif- provides the funding in the succeeding to watch children caring for each ferent economic circumstances. What I years. It would result, without any other. What better adults they are also regret, as well, is what those chil- question, I can tell you, in rural com- going to be when they are grown up in dren over those 41 years would have munities in my State, in lowering society, understanding that not every- lost from a remarkable human being property taxes, without any question one who is a part of this country—with who taught them. whatsoever. I suspect that would be all the great success we attribute to Today, many of these children across true in larger communities as well, but our own Nation—are without problems. our country who have a physical dis- certainly in smaller communities, in This amendment is designed to do ability, a learning disability, can go rural areas in the country, if we could what we can to see to it that we pro- out and achieve great success. I know, begin to meet our obligation. vide more help to these communities for instance, a great new airline in the We are not creating an obligation and to these families and these chil- country—JetBlue, I think it is called— here. We are merely fulfilling one. We dren whom we all agree and understand the man who started that company could actually make a huge difference deserve our support. We don’t want to lives in my State of Connecticut. He in a tax that is very onerous to most go back, obviously, to the days when has nine children. He is dyslexic. Nel- people in the country—rising property we excluded as many as 80 percent of son Rockefeller, who presided over this taxes. That occurs because of, pri- the children in this country with dis- Chamber as Vice President of the marily, education costs, in most areas. abilities from receiving an education. United States, who was a former Gov- It is the education budget that drives We are not doing that, but we have a ernor of the State of New York, which the property tax increases more than choice now, in the next few hours. my colleague who has offered this anything else. We have a choice to make on Head amendment represents, was dyslexic. So if you are interested in reducing Start. We have a choice to make on He had a difficult time reading a some of the taxes on our people, par- special education. It can be done. Don’t speech. Yet think of the achievements ticularly on one that affects middle-in- go home to constituents and say it was he reached. Again, economic cir- come and lower income people, who impossible for us to do it. It is not im- cumstances gave him opportunities. could really use the break, then you possible. It is possible. It is a question What we are saying today is we do ought to be supporting the amendment of whether you want to make the not want to deprive these families, offered by the Senator from New York; choice to make it possible. That is the these individuals, of the opportunity to not to mention, of course, the advan- difference. That is what we are asking achieve their potential and to serve our tage and the benefit that our country here to do.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23699 Again, I commend my colleague from City Department of Health and Mental Hy- The PRESIDING OFFICER. Without New York and thank her immensely for giene World Trade Center Health Registry objection, it is so ordered. that administer baseline and follow-up offering this amendment. I look for- AMENDMENT NO. 2228 ward to someday getting some real suc- screening, clinical examinations, or long- term medical health monitoring, analysis, or Mr. DURBIN. Mr. President, I ask cess in all of this. But this is a major treatment for emergency services personnel unanimous consent to set aside the step forward, and I commend her for it. or rescue and recovery personnel, and shall pending amendment and call up The PRESIDING OFFICER. The Sen- give secondary priority to similar programs amendment No. 2228 already filed at ator from New York. coordinated by other entities working with the desk. Mrs. CLINTON. Mr. President, I the State of New York and New York City. The PRESIDING OFFICER. Without thank my colleague, who has been such On page 116, line 10, strike ‘‘$3,326,000,000’’ objection, it is so ordered. and insert ‘‘$3,201,000,000’’ in lieu thereof. a great leader on this issue, for his elo- The clerk will report. quent, passionate explanation as to Mrs. CLINTON. Mr. President, I ask The legislative clerk read as follows: unanimous consent that the amend- why this amendment is so important. I The Senator from Illinois [Mr. DURBIN], for ment be temporarily set aside. also thank the chairman for his very himself, Mr. LAUTENBERG, Mr. FEINGOLD, Mr. The PRESIDING OFFICER. Without eloquent and moving statement and ap- BINGAMAN, and Mr. KENNEDY, proposes an preciate his leadership on this and so objection, it is so ordered. amendment numbered 2228. Mrs. CLINTON. Thank you, Mr. many other issues over the years. Mr. DURBIN. I ask unanimous con- President. AMENDMENT NO. 2313 The PRESIDING OFFICER. The Sen- sent that reading of the amendment be Mr. President, I ask unanimous con- ator from New Hampshire. dispensed with. sent that the pending amendment be The PRESIDING OFFICER. Without AMENDMENT NO. 2215, AS MODIFIED set aside to call up amendment No. objection, it is so ordered. Mr. SUNUNU. Mr. President, I have a 2313. The amendment is as follows: technical modification to one of my The PRESIDING OFFICER. Is there amendments that has been pending. It (Purpose: To ensure the scientific integrity objection? Without objection, it is so of Federally-funded scientific advisory is amendment No. 2215. I ask unani- ordered. The clerk will report the committees and their findings) mous consent that the pending amend- amendment. At the appropriate place, insert the fol- ments be set aside, that amendment be The legislative clerk read as follows: lowing: called up, and I be allowed to submit The Senator from New York [Mrs. CLIN- SEC. ll. (a) None of the funds made avail- the modification to the desk. able in this Act may be used to request that TON], for herself, and Mr. SCHUMER, proposes The PRESIDING OFFICER. Is there an amendment numbered 2313. a candidate for appointment to a Federal sci- objection? entific advisory committee disclose the po- Mrs. CLINTON. Mr. President, I ask Without objection, it is so ordered. litical affiliation or voting history of the unanimous consent that reading of the The amendment is so modified. candidate or the position that the candidate amendment be dispensed with. The amendment, as modified, is as holds with respect to political issues not di- The PRESIDING OFFICER. Without follows: rectly related to and necessary for the work of the committee involved. objection, it is so ordered. (Purpose: To increase funding for community (b) None of the funds made available in The amendment is as follows: health centers) this Act may be used to disseminate sci- (Purpose: To provide for payments to the At the appropriate place in title II, insert entific information that is deliberately false New York State Uninsured Employers the following: or misleading. Fund for reimbursement of claims related SEC. ll. Amounts appropriated in this to the terrorist attacks of September 11, title for community health center programs Mr. DURBIN. I ask unanimous con- 2001, and payments to the Centers for Dis- under section 330 of the Public Health Serv- sent that Senators LAUTENBERG, FEIN- ease Control and Prevention for treatment ice Act (42 U.S.C. 254b) shall be increased by GOLD, BINGAMAN, and KENNEDY be for emergency services personnel and res- $198,560,000. Notwithstanding any other pro- added as cosponsors. cue and recovery personnel) vision of this Act, amounts appropriated The PRESIDING OFFICER. Without At the appropriate place, insert the fol- under this Act shall be reduced by 0.14 per- objection, it is so ordered. lowing: cent. Mr. DURBIN. Mr. President, all of us SEC. ll.(a) Notwithstanding any other Mr. SUNUNU. I yield the floor. benefit from scientific information and provision of law, $125,000,000 shall be avail- Mr. SPECTER. Mr. President, in the able and shall remain available until ex- advice provided by many Federal agen- absence of any Senator seeking rec- cies. When we go to the Centers for pended to replace the funds appropriated but ognition, I suggest the absence of a not expended under chapter 8 of division B of Disease Control Web site to read about the Department of Defense and Emergency quorum. infectious disease threats or turn to Supplemental Appropriations for Recovery The PRESIDING OFFICER. The the National Cancer Institute to learn from and Response to Terrorist Attacks on clerk will call the roll. about the latest in cancer treatment, The legislative clerk proceeded to the United States Act, 2002 (Public Law 107– we have confidence that we are being call the roll. 117), and of such amount, $50,000,000 shall be provided with honest, accurate, and ob- made available for payment to the New York Mr. SPECTER. Mr. President, I ask jective information. We rely on sci- State Uninsured Employers Fund for reim- unanimous consent that the order for entists and medical experts serving the bursement of claims related to the terrorist the quorum call be rescinded. attacks of September 11, 2001 and for reim- The PRESIDING OFFICER. Without National Institutes of Health to make bursement of claims related to the first re- objection, it is so ordered. wise decisions based on real science, sponse emergency services personnel who Mr. SPECTER. Mr. President, we not politics, to ensure that our invest- were injured, were disabled, or died due to ments in medical research will improve such terrorist attacks, and $75,000,000 shall have a request from Senator DEMINT for 15 minutes of morning business. the health of Americans for genera- be made available to the Centers for Disease tions to come. Control and Prevention upon enactment of This would be a good time to accommo- this Act, and shall remain available until ex- date that request. The amendment I offer seeks to en- pended, for purposes related to the Sep- The PRESIDING OFFICER. Without sure that the American people will con- tember 11, 2001 terrorist attacks. In expend- objection, it is so ordered. tinue to benefit from the best possible ing such funds, the Director of the Centers Mr. SPECTER. I suggest the absence scientific advice and information from for Disease Control and Prevention shall give of a quorum. the Government’s scientific advisers first priority to the existing programs co- The PRESIDING OFFICER. The and from the Federal agencies them- ordinated by the Mount Sinai Center for Oc- clerk will call the roll. selves. First, the amendment prohibits cupational and Environmental Medicine, the the use of Federal funds to ask can- Fire Department of New York City Bureau of The legislative clerk proceeded to Health Services and Counseling Services call the roll. didates for appointment to scientific Unit, the New York City Police Foundation’s Mr. DURBIN. Mr. President, I ask advisory committees to disclose their Project COPE, Police Organization Pro- unanimous consent that the order for voting history, their political affili- viding Peer Assistance, and the New York the quorum call be rescinded. ation, or their opinions on unrelated

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23700 CONGRESSIONAL RECORD—SENATE October 26, 2005 political topics. When the Federal Gov- I admire the Administration’s ability to time. There are many wasteful prac- ernment seeks expert medical and look at the positive, but it shouldn’t come at tices of Government, and I will look at technical advice, it should look for the the expense of the truth. one of them today in Medicaid. very best experts. It should not limit Eventually, the Department of In New York, there was a dentist who itself to only those experts who voted Health and Human Services admitted overbilled Medicaid, claiming to per- for a particular political candidate or it made a mistake and agreed to reform as many as 991 procedures in a who agree with any President’s policies lease the original, more honest version. single day. It was also reported that or who support the death penalty. That This kind of incident should not hap- school officials in New York have en- is not how we, in our personal lives, pen again. My amendment prohibits rolled tens of thousands of low-income would go about choosing a doctor. It the use of funds to disseminate sci- students in speech therapy without the should not be the way our Government entific information that is deliberately required evaluation. This created more seeks out expert scientific advice. false or misleading. This amendment than $1 billion in questionable Med- It appears this is exactly what has makes sure that all of us can continue icaid payments for their districts. In happened in a number of instances. In to have full faith and confidence in the fact, one Buffalo school sent over 4,000 the year 2002, Dr. William Miller, pro- scientific information that is being students into speech therapy in a sin- fessor of psychology and psychiatry at provided by our Federal Government. gle day without talking to them or re- the University of New Mexico, was de- I urge my colleagues to support sci- viewing their records. nied a position on the National Advi- entific integrity in Federal agencies by In Illinois, another dentist cheated sory Council on Drug Abuse after he voting for the amendment. Medicaid out of more than $200,000 in admitted that he had not voted for the I yield the floor and suggest the ab- bogus payments. This man falsely President. Dr. Miller was also asked for sence of a quorum. claimed to treat abused children in the his views on abortion rights and the The PRESIDING OFFICER. The care of the State’s child welfare agency death penalty. This was for an appoint- clerk will call the roll. for 7 years. ment to the National Advisory Council The legislative clerk proceeded to In California, a Medicaid fraud on Drug Abuse. call the roll. scheme involved more than 15 clinical In March 2004, the White House Mr. DEMINT. Mr. President, I ask laboratories that illegally billed over screened a nominee to the Arctic Re- unanimous consent that the order for $20 million for tests that were never search Commission, an advisory panel the quorum call be rescinded. authorized by physicians. on issues that include Arctic drilling. The PRESIDING OFFICER. Without In Florida, an ophthalmologist wrote According to the candidate, Dr. Sharon objection, it is so ordered. prescriptions for a single drug worth Smith, a professor of marine ecology at Mr. DEMINT. I ask unanimous con- over $2 million over a 2-year period. the University of Miami: sent to speak for 15 minutes in morn- The list goes on and on. We are talk- The first and only question was, ‘‘do you ing business. ing about Medicaid fraud and abuse, support the President?’’ The PRESIDING OFFICER. That au- not medical care for the poor. The Gov- Following incidents such as these, thority has already been granted. ernment Accountability Office reports the National Academies of Science con- Mr. DEMINT. If I may, I ask the that perhaps 10 percent of all Medicaid vened a committee to study how the Chair to notify me when I have 1 spending is questionable or fraudulent. Government should select its science minute remaining. We must stop this waste. The Repub- advisers. Earlier this year it issued a The PRESIDING OFFICER. The Sen- lican deficit reduction package will report that said candidates for sci- ator will be notified when he has a create some needed accountability to entific advisory positions should find it minute remaining. this program. inappropriate to be asked to provide FISCAL CONCERNS I have heard objections to these sav- nonrelevant information such as their Mr. DEMINT. Mr. President, yester- ings from those who believe that these voting record, political party affili- day I spoke on the floor about the need savings will fall on the poor. This is ab- ation, or their position on particular for fiscal responsibility and the need to surd. We are trying to catch a thief, policies. The report goes on to compare pass a deficit reduction bill to get our not hurt the poor. If we let billions and these types of questions to asking can- fiscal house in order. These are serious billions continue to be wasted, stolen, didates about their hair color or their times, difficult for our country and for or embezzled, that will hurt the poor. height. My amendment would prohibit the many of our citizens. Americans are This is a small amount compared to use of Federal funds to ask these inap- demanding bold and immediate action. the overall budget. This plan, this total propriate political questions of medical The Senator from Oklahoma, Dr. deficit reduction plan we are talking and scientific experts. My amendment COBURN, made some important remarks about, which includes the changes in also prohibits the use of funds to dis- on the floor last week. I want to asso- Medicaid, will reduce mandatory seminate scientific information that is ciate myself with them. Senator spending by only $35 billion over 5 false or misleading. This ensures that COBURN talked about a distant rumble, years, which is less than one-half of 1 Americans can continue to have full a rumble at the grassroots level, the percent of total spending this year. confidence and trust that scientific in- sound of hard-working Americans who These spending reductions represent formation provided by the Federal Gov- are getting increasingly angry with only about one-third of the reductions ernment is honest, accurate, and objec- out-of-control Government spending, Congress passed in 1993 and 1997. In tive. waste, fraud, and abuse. 1993, Congress passed a reduction pack- There is reason to be concerned. In This rumble is becoming a roar, and age that trimmed about $78 billion. one notorious incident, the key find- it is the sound of the growing frustra- That is 2.6 times greater than what we ings section of a 2003 report on health tion of the American people. It is a are talking about today. Unfortunately care disparities was rewritten and edit- sense of increasing disgust about bla- and curiously, many Democrats who ed to leave out conclusions about the tant overspending, our inability to supported this larger effort in 1993 are seriousness and pervasiveness of racial make the tough budget choices the opposing our modest downpayment and ethnic disparities in health care. In American people make every day, and today. fact, the word ‘‘disparity’’ itself was our unwillingness to make priorities In 1997, Congress passed a reduction edited out. The word appears 30 times rather than spending our children and package that trimmed about $89 bil- in the original draft, only twice in the grandchildren’s future. lion. That is over three times greater edited version. I am very pleased the Senate Repub- than what we are talking about today. Joseph Betancourt, a Harvard pro- licans are developing a deficit reduc- Unfortunately and curiously, many fessor who served on two Institute of tion package that will cut Government Democrats who supported this larger Medicine panels on inequity in health waste and reduce Federal spending. effort in 1997 are opposing our modest care, said: The fiscal discipline comes at a critical downpayment today.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23701 This plan, this $35 billion reduction, cal house in order. They are for higher House and without a single vote by the is a small amount to ask in the context spending and higher taxes. Rather than Republicans in the Senate. A tie had to of our total budget, and it is only a making modest reductions today, they be broken by Al Gore, Vice President of downpayment on our future deficit. We prefer to spend, spend, spend. This new the United States. What happened after need to do much more. spending sets them up to tax, tax, tax. that, this country went on the most I cannot understand why some of my We need to wake up. We cannot keep prolonged economic boom in the his- Democratic colleagues will not support spending and taxing, taxing and spend- tory of the country. In the last 3 years this modest effort, given all the waste, ing. of the Clinton administration the debt fraud, and abuse we have in Govern- There is no problem too big for was being paid down by some half a ment today. I find this opposition in- America to solve if we have the com- trillion dollars. We were spending less triguing because many of these same mitment and the strength to do it. The money than we were taking in. Senators supported similar measures time for excuses and obstruction is So don’t lecture us on how money is that were far more substantial. In fact, over. I am here today to appeal to to be spent. This White House has in 1993, they thought $78 billion in sav- every Senator to support our deficit re- squandered trillions of taxpayers’ dol- ings was not big enough. Here is a duction package that will help cut the lars. quote from Senator KERRY from Massa- cost of Government so we have all of I did not come up with the verbiage chusetts: our strength to secure America’s fu- describing the budget that is now going My own personal view is we have not cut ture. to be reconciled in the next couple enough where we could have and should have Mr. President, I yield the floor. weeks. I didn’t come up with the ver- cut more. The PRESIDING OFFICER. The biage. The leading Protestant churches And Senator DORGAN from North Da- Democratic leader. in America came up with the verbiage kota: Mr. REID. Mr. President, I came here that the budget is immoral. And that I favored a more robust deficit reduction to speak on another subject, but I have was before Katrina hit us. If this budg- by cutting another $100 billion in wasteful or to comment on the statements made et was immoral then, it is really im- low-priority spending. by my distinguished colleague. moral now. Senator BIDEN from Delaware: The American people are smart What are we going to do? What do Specifically I want more spending cuts. enough to understand what is going on the Republicans want to do? I say to In 1997, when Congress cut $114 bil- in this country. The House of Rep- the American public, they want to cut lion, my Democratic colleagues ap- resentatives and the Senate are con- more. What do they want to cut it plauded it and some wanted more. Sen- trolled by Republicans. The White from? Not the elite of America, but the House is controlled by a Republican. ator BYRD of West Virginia said: poorest of the poor, starting with Med- All the agencies of Government are If the budget resolution included only the icaid, programs for the poorest of the aforementioned spending reductions, I would headed by individuals appointed by this poor. The people suffering the most likely be standing on the floor today declar- President. For someone to come and from Katrina are still suffering. I was ing my unequivocal support for its passage. lecture us on spending when both with some of them in the House of Rep- Senator CONRAD from North Dakota: Houses of Congress are controlled by resentatives yesterday. They came and I rise to support the budget agreement. I Republicans and the President is a Re- met with us. One woman lost her job. believe it is a modest step—I want to empha- publican takes a lot of nerve. She was a janitor. The school is gone. size ‘‘modest’’—in the right direction. Of course, we are all opposed to Med- She has applied for Medicaid. They And Senator DURBIN from Illinois: icaid fraud and abuse. Of course, there turned her down because we can’t get This budget package cuts 115 billion over 5 are programs that need to be imple- our bill out of this Senate. In the years, without excessive new burdens on sen- mented. But I say to my distinguished House, they apparently want to cut iors . . . This budget cuts only $13 billion friend from South Carolina, the Presi- student aid as part of reconciliation. from Medicaid over 5 years . . . On balance dent has the tools to do that right now, And to top it off, Republicans in the . . . the spending package . . . [is] worthy of without any new laws. The tools are House and Senate want to give more support. there. Have his Justice Department do tax cuts to the rich. If they want to I think it is important to note that 33 something about it. In fact, some time have a better looking program around of my current Democratic colleagues could be spent on that, for sure. here, wash out some of that. were in the Senate at the time and sup- My friend spoke about some of the So I want everyone to know that ported the deficit reduction package. I things going wrong in the State of New when someone comes to the floor and am deeply troubled by the apparent York. I would suggest that my friend makes statements that are basically flip-flopping around here. We hear a lot look at this White House as to what is without foundation, we are going to re- of talk from my Democratic friends going wrong. The person who was in spond to them. We don’t have to stand about the need to keep our fiscal house charge of procurement at the Office of and be lectured to about the White in order, but then they offer amend- Management and Budget was led away House, the House, and the Senate ment after amendment to increase in handcuffs because of alleged corrup- squandering the legacy of this last ad- spending. tion. When this President took office 5 ministration—namely, the Clinton ad- Mr. President, I know this is difficult years ago, the 10-year surplus was ex- ministration—without our ability to to read from where you sit, but these pected to be about $5 to $6 trillion. respond. Don’t give me a spendometer. are the amendments to add to the This has been squandered in 5 years; Give me the ability to get the spending budget this year by Democrats which squandered. In 5 years of this President of this country in order. For 5 years, totaled $460 billion. we have a debt now—not over 10 years we have seen it go out of whack. During the debate on the budget res- but right now—of $8 trillion. So don’t I want to say one other thing about olution, they tried to increase spending lecture us on a spendometer. the statement made by my friend from by $192 billion—here on our Democratic This Government is controlled by Re- South Carolina. He talks about amend- ‘‘spendometer.’’ During debate on the publicans. What happened when we had ments offered by Democratic col- emergency supplemental, they offered a Democrat in the White House? Some leagues on different pieces of legisla- amendments to increase spending by of the time we had a Democratic-con- tion. With rare exception, those all had another $10 billion. During the debate trolled Senate, 2 years during Presi- offsets. So what that means to the on the various appropriations bills, dent Clinton’s administration we had American public is it wold not have they tried to increase spending by an- Democratic control of the House of cost the American public any more be- other $253 billion. I think all of this Representatives. What happened? In cause it was offset by spending cuts in shows us something, something the 1993 his Budget Deficit Reduction Act other places. American people understand very well: passed. How did it pass? Without a sin- Again, I want everyone to under- Democrats are not for keeping our fis- gle vote by the Republicans in the stand, when statements are made that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23702 CONGRESSIONAL RECORD—SENATE October 26, 2005 I think are without foundation, keep- there, we know what is in the con- I believe the dollars will be better ing in mind we have a Republican ference report, but we are not aware of spent toward HIV vaccine efforts rath- President, a Republican House of Rep- what the House earmarks are in those er than an effort to make people aware resentatives, and a Republican Senate, appropriations conference reports. of that fact. either this Senator or someone on this This is simply an amendment that I hope the Senator from Iowa and the side will be available to answer those says those conference earmarks ought Senator from Pennsylvania will accept statements. to be made available to Members of the this amendment. The PRESIDING OFFICER. The Sen- Senate so they can, in fact, know what The PRESIDING OFFICER. Is there ator from Oklahoma. they are voting on in an appropriations further debate? Mr. COBURN. Mr. President, I will be conference report. The Senator from Pennsylvania. calling up a series of amendments. Be- The PRESIDING OFFICER. The Sen- Mr. SPECTER. Mr. President, the fore I do that, I visited with the chair- ator from Pennsylvania. purpose of the advertisements, I have man of this subcommittee. I have four Mr. SPECTER. Mr. President, I think one in my hand, is to set the stage for recruiting people, as represented to me, amendments to offer. I ask unanimous the idea offered by the Senator from to use the vaccine when it is developed. consent that we not exceed 45 minutes Oklahoma, that all of the earmarks be This ad, for example, pictures a man on them, equally divided between my- specified in the conference report, is a which says: self and those opposing this amend- very sound idea. The earmarks from ment. I think a couple of these amend- this bill have traditionally and always I’m fighting to stop a killer. HIV is a killer. I’m a witness. I have buried babies, I have ments will probably be accepted. One have been properly identified. buried old people and young people, people of them will have some significant de- I am very pleased to accept the like me, people like you. HIV is serious. So bate; the other one probably will not. amendment. my life’s work is helping others learn about The PRESIDING OFFICER. Is there Mr. COBURN. I thank the Senator it and prevent it. Today, thousands of re- objection? from Pennsylvania. search, medical professionals, and volunteers The Senator from Pennsylvania. The PRESIDING OFFICER. Is there are committed to discovering a vaccine that Mr. SPECTER. I thank the Senator further debate? prevents HIV and stopping this epidemic. To them I say, I’m with you. from Oklahoma. If not, the question is on agreeing to Mr. REID. Reserving the right to ob- the amendment No. 2231. This ad tries to stimulate awareness of what is being done, an ultimate tool ject, what was the request? Mr. Presi- The amendment (No. 2231) was agreed in finding people who will be volun- dent, I object. to. The PRESIDING OFFICER. Objec- teers. AMENDMENT NO. 2233 NIH has run this ad. What I suggest tion is heard. (Purpose: To prohibit the use of funds for The Senator from Oklahoma. to the Senator from Oklahoma is that HIV Vaccine Awareness Day activities) we set the amendment aside and take a AMENDMENT NO. 2231 Mr. COBURN. Mr. President, I call up closer look at the purposes NIH has in Mr. COBURN. Mr. President, I call up amendment No. 2233. mind in using it. Then we can revisit it amendment No. 2231. The PRESIDING OFFICER. Without and decide whether to accept it or The PRESIDING OFFICER. Without objection, the pending amendment is whether to contest it and have a vote objection, the pending amendment is set aside. on it. set aside. The clerk will report. The clerk will report. The PRESIDING OFFICER. The Sen- The legislative clerk read as follows: The bill clerk read as follows: ator from Oklahoma. The Senator from Oklahoma [Mr. COBURN] The Senator from Oklahoma [Mr. COBURN] Mr. COBURN. Mr. President, I will be proposes an amendment numbered 2231. proposes an amendment numbered 2233. happy to set the amendment aside, but Mr. COBURN. Mr. President, I ask At the appropriate place, insert the fol- I have to let you know we have looked unanimous consent that the reading of lowing: at all the ads. There has never been re- the amendment be dispensed with. SEC. ll. Notwithstanding any other pro- cruitment of anybody for vaccine trials The PRESIDING OFFICER. Without vision of this Act, none of the funds appro- in any of the ads they have ever run. objection, it is so ordered. priated in this Act may be used for any activities associated with HIV Vaccine Aware- The American people ought to be ask- The amendment is as follows: ness Day. ing, why would we be spending $1 mil- (Purpose: To require that any limitation, di- lion a year? Everybody in this country Mr. COBURN. Mr. President, all this rective, or earmarking contained in either knows HIV is deadly. There is no lack amendment does is say that money the House of Representatives or Senate re- of knowledge on that issue. To spend $1 spent for HIV vaccine research ought port accompanying this bill be included in million on HIV Vaccine Awareness Day to be spent on HIV vaccine research. the conference report or joint statement is $1 million to help people with HIV accompanying the bill in order to be con- There has been $5.2 million spent in the through the ADAP program, $1 million sidered as having been approved by both last 4 years to create an HIV Vaccine to fund an extra research model or it is Houses of Congress) Awareness Day. It is not used for re- $1 million to fund three researchers on At the appropriate place, insert the fol- cruitment of candidates. It is not used lowing: an HIV vaccine a year. for recruitment for anything other I believe we would be well advised to SEC. ll. Any limitation, directive, or ear- than to celebrate the fact that we are marking contained in either the House of prioritize the money that is going Representatives or Senate report accom- working on an HIV vaccine. there. I would be happy to set this panying H.R. 3010 shall also be included in I believe it is very important that amendment aside, as per the chair- the conference report or joint statement ac- dollars for research on HIV go to re- man’s request. companying H.R. 3010 in order to be consid- search on HIV and a vaccine, in par- I am adamant that I think that we ered as having been approved by both Houses ticular. The hope is that sometime in are not spending the money properly. of Congress. the next 5 to 10 years, we will have a The PRESIDING OFFICER (Mr. Mr. COBURN. Mr. President, this is vaccine. We do not have a cure for HIV, SUNUNU). The Senator from Pennsyl- an amendment that has been accepted no matter how hard we work, how vania. on four appropriations bills thus far. many hundreds of millions of dollars Mr. SPECTER. I ask to set it aside When it was last voted on, it was ac- we are putting into that. And for us to and move on to the next amendment. cepted 55 to 39 by the Senate. have spent $5.2 million over the last 4 The PRESIDING OFFICER. Without It simply is an amendment that says years and another million dollars over objection, the pending amendments are we ought to know what we are voting the next year in promotional activity set aside. on. We call it the sunshine amendment. to make Americans aware that we are The Senator from Oklahoma. The procedure is oftentimes on con- working on an HIV vaccine is an im- AMENDMENT NO. 2230 ference reports that come back to the proper placement of the dollars being Mr. COBURN. I call up amendment Senate, we know what we have in spent. No. 2230.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23703 The PRESIDING OFFICER. The I will limit my comments to that and The amendment is as follows: clerk will report. respond should the chairman and rank- (Purpose: To increase funding for the AIDS The legislative clerk read as follows: ing member have questions. drug assistance program) The Senator from Oklahoma [Mr. COBURN] The PRESIDING OFFICER. Is there On page 139, line 16, insert after the colon proposes an amendment numbered 2230. further debate on the amendment? the following: ‘‘Provided further, That in addition to amounts otherwise made available Mr. COBURN. Mr. President, I ask The Senator from Pennsylvania. Mr. SPECTER. Mr. President, the for State AIDS Drug Assistance Programs unanimous consent that the reading of Department of Health and Human authorized by such section 2616, the Sec- the amendment be dispensed with. Services opposes this amendment say- retary shall transfer $60,000,000 from the The PRESIDING OFFICER. Without amount appropriated under this Act for the ing that they are important for their objection, it is so ordered. construction and renovation of the facilities work and best practices. I note that a The amendment is as follows: of the Centers for Disease Control and Pre- similar amendment was offered on the vention to carry out such Drug Assistance (Purpose: To limit funding for conferences) Transportation, Treasury, and HUD ap- Programs:’’. On page 222, between lines 5 and 6, insert propriations bill and that it was agreed Mr. COBURN. Mr. President, this the following: upon by a voice vote. amendment does not save us any SEC. 517. LIMITATION ON FUNDING FOR CON- Before taking a definitive position, I money but saves hundreds of lives. FERENCES. would like to conduct a further inquiry Some 5 years ago, we embarked on (a) DEPARTMENT OF LABOR.—Of the funds made available for the Department of Labor with HHS. In preparation for this bill making major changes at the CDC under the heading ‘‘Departmental Manage- being on the floor, we have an idea of through a construction program, ment, Salaries and Expenses’’ in title I, not the amendments which are going to be through advancing the facilities there to exceed $2,000,000 shall be available for ex- offered, and we have information pro- by increasing the capabilities of the penses related to conferences, including for vided by the administrative agency. I CDC. At the end of this fiscal year, conference programs, staff time, travel understand the logic of the position of September 30, they had unspent mon- costs, and related expenses. the Senator from Oklahoma. I do not eys in excess of $240 million going to- (b) DEPARTMENT OF HEALTH AND HUMAN want to abandon the agency without ward this construction budget. This SERVICES.—Of the funds made available for year, the President asked for $30 mil- the Department of Health and Human Serv- giving them an opportunity to present ices under the heading ‘‘Office of the Sec- in a fuller way their ideas. We will con- lion to be in that construction budget. retary, General Departmental Management’’ sult with them and come back to the The House passed $30 million in the in title II, not to exceed $25,000,000 shall be Senator from Oklahoma. construction budget. I believe we have available for expenses related to conferences, Mr. COBURN. Will the Senator yield in this bill $225 million for additional including for conference programs, staff for a question? construction moneys, making available time, travel costs, and related expenses. Mr. SPECTER. I do. almost $500 million for expenditure in (c) DEPARTMENT OF EDUCATION.—Of the Mr. COBURN. My only request is the next 12 months. funds made available for the Department of that the Senator would allow my staff This amendment is a simple amend- Education under the heading ‘‘Departmental to be there as they make this presen- ment. It is backed by thousands of Management, Program Administration’’ in groups in the country, and it says title III, not to exceed $2,000,000 shall be tation. We have done significant re- available for expenses related to conferences, search on their expenditures on these while people are dying from HIV, they including for conference programs, staff conferences, and we would love to have cannot get medicines under the ADAP time, travel costs, and related expenses. the opportunity, if the Senator so al- program because we cannot fund it sig- Mr. COBURN. This is a very straight- lowed it, for us to participate as they nificantly. We have multiple States forward amendment. Growth in con- make their presentation. with people on waiting lists. We have ferences in the Federal Government Mr. SPECTER. I would think it man- multiple States that cap the available has exploded in the last 6 years in this datory that the Senator’s staff be benefits. It is a death sentence to those country. Over the past 5 years, the De- present. people with HIV today. This moves $60 Mr. COBURN. I thank the chairman. partment of HHS has spent $300 million million from that account into the Mr. SPECTER. Of course. The Sen- AIDS Drug Assistance Program, a vital on conferences. ator and his staff are welcome to what- The idea of conferences and using program to keep people working, to ever information we have. We want the keep people active, and to make the communication to put forward ideas, Senator to know what it is every step lifesaving drugs available to those peo- to promote health, to promote proof the way. I believe in full disclosure. ple with an infection of HIV who have grams is a good idea, but the expanded Let us find out what the facts are. It no other access to lifesaving drugs. growth of these programs through each has always been a point of mine that if I believe priorities ought to be di- of these departments, Labor and one comes to an agreement on the rected toward the emerging disease Health and Human Services, has grown facts, they can almost always come to program at the CDC. As a matter of exponentially at the same time that an agreement on policy that flows from fact, that building is complete. It is in technology has grown even greater. the facts. We will set up a meeting the works. We are working to finalize There is a lack of utilization of those jointly. all of that. This $60 million, which still technologies in a time of budget du- The PRESIDING OFFICER. The Sen- brings us down to $165 million plus the ress, in a time of tremendous debt, in a ator from Oklahoma. $240 million that is in the account, will time where last year we added $546 bil- Mr. COBURN. I ask that the pending put us at $400 million still for CDC to lion to our children’s debt, and we are amendment be set aside. move forward, and we will do some- struggling with Katrina. The PRESIDING OFFICER. Without thing that has never yet been done This amendment caps the conference objection, it is so ordered. since ADAP started: We will have costs for each of these departments so AMENDMENT NO. 2232 enough funding to make sure every- that the other moneys can be used in Mr. COBURN. I call up amendment body with HIV in this country has the more productive ways. It forces cre- No. 2232. medicine they need to stay alive. ativity through conferences. It pro- The PRESIDING OFFICER. The I know it is a controversial question motes videoconferencing. It saves mil- clerk will report. for my fellow Senators from Georgia. lions of dollars in travel and hotel The legislative clerk read as follows: The CDC happens to be there. This puts costs and still allows the flexibility of The Senator from Oklahoma [Mr. COBURN] no risk to the CDC expansion in Colo- the Departments for conferences, but proposes an amendment numbered 2232. rado, as it is directed in the budget. It does it with the technology we have Mr. COBURN. Mr. President, I ask puts no risk to that whatsoever. I be- today, a smarter, more current, and unanimous consent that the reading of lieve we ought to be thinking about more effective means of accomplishing the amendment be dispensed with. people, not buildings. communication with which each of The PRESIDING OFFICER. Without We have moved on the emerging dis- these agencies is charged. objection, it is so ordered. eases portion of this. This will not slow

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23704 CONGRESSIONAL RECORD—SENATE October 26, 2005 down any of that construction. It will, which were not properly secured. It about. Between the two of us, as we however, maybe slow down the Japa- was a mess. I then consulted with the have alternated as chairmen of this nese gardens and the tremendous wa- Secretary of Health and Human Serv- subcommittee, it has been a strong bi- terfalls and all of the gardens that are ices—this goes back a few years, as I partisan effort, not just between the going to be there. say—and no attention had been paid to two of us but on both sides of the aisle One other thing, the CDC has just it. for a long time, to bring the Centers completed a $62 million visitors center. Senator HARKIN later made a similar for Disease Control and Prevention in I am asking for $60 million for people visit, and that year, on an immediate Atlanta’s facilities up to the 21st cen- who have HIV, who are never going to basis, my recollection is we appro- tury. get to visit the visitors center. I do not priated $175 million. Then we took a I remember having gone down in the know how we spent $62 million on a look at their plans for very extensive 1990s. I had seen this movie ‘‘Out- visitors center for the CDC, but I be- renovation when we had appropriated break’’ starring Dustin Hoffman. It lieve that priority is wrong when peo- seriatim substantial sums of money. supposedly had taken place at the Cen- ple are dying from HIV and do not have When the Senator from Oklahoma ters for Disease Control and Prevention the available medicines. says that monies have not been spent, in Atlanta. I was quite taken by all of I yield until a further time. it is represented to me that contrac- the containment facilities and how The PRESIDING OFFICER. The Sen- tors will not contract with the Federal modern it was in this movie, and I ator from Pennsylvania. Government unless they know the wanted to go down and see all this. Mr. INHOFE. Mr. President, would money is in hand. Understandably, un- Imagine my surprise when I went down the Senator from Pennsylvania yield less there is authorization and appro- to the Centers for Disease Control and just for an announcement? priation, nobody wants to do business Prevention and I asked to see these Mr. SPECTER. Mr. President, I do. with some Federal employee who wonderful facilities that were in this The PRESIDING OFFICER. Without makes representations without having movie and I was told the movie pro- objection, the Senator from Oklahoma the cash in hand. That is the advice ducers had come down to film the is recognized. which is coming to me. movie there, saw the facilities, and Mr. INHOFE. I thank the Senator The landscaping is said to be very said no one would ever believe these from Pennsylvania. modest, which would not include a Jap- ramshackle buildings are our Centers I have been trying for some time to anese garden. I would like to inquire for Disease Control, so they went out get an amendment in, and it is at the more to find out about it. From what I and built their own movie set to make desk. I am not going to ask that it be have seen of the officials at the Centers the movie. brought up right now, but I am going for Disease Control, Dr. Julie I went around and looked at their to announce that regardless of the pro- Gerberding is an extraordinary public buildings, some predating World War cedure that is used, I am going to get servant. I know that when I have want- II, in which the most virulent speci- a vote on it between now and the pas- ed some information on the problems mens of viruses and other things were sage of this bill. It is a one-sentence of pandemic flu, I had to find her in being dealt with. There was a tremen- amendment that says: Beginning with Bangkok, where she was making an dous concern about safety. We perhaps fiscal year 2007 and thereafter, all non- international survey. I know when we didn’t think about it in terms we are defense, nontrust fund discretionary had a deadly botulism in western Penn- thinking about it now, but in terms of spending shall not exceed the previous sylvania a couple of years ago, I called terrorist activity, about someone being fiscal years without a two-thirds vote her up and she came on a weekend to able to abscond with some of those of the Members. Beaver County, Pennsylvania. I do not very lethal strains, plus the environ- It is very simple and straightforward. think it was just because the chairman ment for scientists to be able to work I am not going to do it right now, but of the appropriations subcommittee down there. I will do it before final passage. was calling; that is the kind of service After looking at this and consulting The PRESIDING OFFICER. The Sen- they perform. with one another, and others, and with ator from Pennsylvania. They wrestle with HIV, SARS, and probably three administrations, Repub- Mr. SPECTER. We would be glad to hurricanes, and now they are wrestling lican and Democratic, it was decided accommodate the senior Senator from with pandemic flu. Among the many we needed to bring these buildings up Oklahoma. We can handle that amend- people in the Federal Government to the 21st century. We embarked on ment. whom I have dealt with—and there that and we are about through bringing Mr. INHOFE. I appreciate that. The have been quite a few in the course of them up. They are state of the art, as reason I cannot stay, I chair the Envi- my time—I would rate Dr. Gerberding, they should be. ronment and Public Works Committee. who is the head of it, very highly. We have always prided ourselves in We have a very large hearing. I will be Having mentioned Japanese gardens, America of being on the leading edge— there for the rest of the afternoon. I have just been handed a note from my not on the edge, being way out in front Mr. SPECTER. Mr. President, we will staff that says it does have a Japanese of everyone in our medical research, find a time which is convenient to the garden. Well, I wish to inquire further. but also in terms of the Centers for senior Senator from Oklahoma. Maybe there could be a less expensive Disease Control. I don’t know that On to the pending amendment, it is exotic garden than a Japanese garden. there is any institution in America always difficult in the floor debate I do, at my risk, commend the Sen- dealing with health and safety that is when we talk about facts to know what ator from Oklahoma for his tenacity called upon more around the globe to the facts are. My training is that we and for his sharpness in digging up do something than the Centers for Dis- want to find out the facts, so we have wasteful spending. I do believe that on ease Control and Prevention. Whether a trial and present witnesses, the wit- this one, he is on the wrong track, but it was SARS a few years ago—think nesses testify, and then we find out the Senators from Georgia are present, about it. We prevented SARS from what the facts are. and I know they want to be heard. I coming to America. We did. The Cen- I do know this about CDC because I think the distinguished ranking mem- ters for Disease Control and Prevention visited the facility about 5 years ago ber wants to be heard. So I will yield did. They are called upon all over the and found it in shambles. I have seen a the floor. globe, whether it is for Ebola, swine lot of Federal installations. I have The PRESIDING OFFICER. The Sen- flu, of course now the avian flu, a pan- never seen one as ramshackle as the ator from Iowa. demic that may be confronting us Centers for Disease Control. We saw Mr. HARKIN. Mr. President, I join shortly. premier scientists with their desks in my chairman and support his views on These buildings need to be finished. the corridors. We were advised that this amendment. He correctly stated a We have the plan. We have gone there were many toxic substances lot of the history of how this has come through. We have had our oversight

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23705 hearings and we found they came No. 1, the head of the CDC, Dr. quire immediate repair or moderniza- through on time and under budget, so I Gerberding, I know very well as the tion. Perhaps the laboratories in the think we ought to finish it. former head of the President’s Com- worst condition are 60-year-old wooden I would say the AIDS Drug Assist- mission on HIV/AIDS in this country. former temporary military barracks ance Program the Senator is talking No. 2, her submission to Congress for from the World War II era and previous about is a good program. I have no building funds this year was $30 mil- to that, that are on the verge of col- problems putting money into those lion. lapse and could be repaired only at an programs if they are good programs. No. 3, the total budget for CDC is $4.5 expense greater than the value of the But to take it from the Centers for Dis- billion. We are asking that we take $60 facilities. I want to show you a couple ease Control for that is—talk about million in construction money and of examples of what it looks like at the robbing Peter to pay Paul, you are in- slow it down and save the lives of thou- CDC if we take money away from the vading one entity that goes to control sands of people in this country by mak- CDC building program to put it to- and prevent diseases and illnesses in ing available drugs to them. wards the ADAP program, as this America and putting it into another We need the facilities at CDC; I am amendment calls for. These are some of one. It doesn’t make much sense. I not debating that. This is about saving the facilities that will go lacking and think we ought to finish our projects, lives and the priorities of putting that the construction project will be de- be proud of the buildings that are built money in a place where it will save layed for the buildings which will there, be proud of the Centers for Dis- lives. house these facilities. ease Control and Prevention and what I yield the floor, and I thank the Here is a main environmental health they do for America and for the world. chairman and the Senator from Geor- lab at Chamblee, in a World War II bar- I am opposed to this amendment. We gia for their collegiality in working on rack. If you will notice, there appears ought to finish the job we started on. I this amendment. to be a shield of some sort here. This don’t know about Japanese gardens. I The PRESIDING OFFICER. The Sen- shows the roof above this shield that don’t know that much about gardens ator from Georgia. extends all the way up to the roof. The and stuff such as that. But, you know, Mr. CHAMBLISS. Mr. President, I reason it is there is because there is a if I might make a minor observation, I rise in opposition to the amendment of leak in the roof. When the water comes through, it leaks into this funnel, remember traveling through the Soviet my good friend from Oklahoma. He and which is this shield, and you will see a Union years ago and looking at all the I were elected to the House together pipe connected to that shield and it government buildings built in Moscow and we fought many battles over there, not unlike what he has brought to the takes the water to the outside. and places such as that, East Germany. Here is a typical infectious disease Senate, and I wound up voting with They were stark, sterile, concrete lab at the Roybal Campus adjacent to him a number of times. But in this case block buildings. Who would ever want Emory University. This shows not just I must oppose him, mainly because I to work there? They were ugly; de- the crowded conditions in which the think he has the facts wrong. pressing. Is that what we want to build most sophisticated scientists in the I want to say to the chairman and here? world operate, but it also shows you it ranking member, since my days on the As I said, I don’t know much about is not adequate for the type of work House side when I had to go to the Japanese gardens, but this is the pre- that needs to be carried out to prevent then-chairman of the Appropriations mier facility in the world regarding every kind of infectious disease that Committee over there, who has juris- health and disease prevention. exists in the world today. That is be- diction of CDC, after I would talk with I understand that the building in cause the CDC is not called on by sim- him I would come over here and visit question where this garden is—in fact, ply other States in America; it is with Senators because this has been I went down and saw it. It is designed called on by every country around the to emphasize healthy living. The stairs such an important project that we have world when illness occurs. are located on exterior walls to in- embarked on. Both Senator SPECTER This is a pretty typical facility. crease daylight and to encourage daily and Senator HARKIN have been very These are not facilities that have been physical activity. We talked about that supportive of the work down at CDC, replaced. These are facilities that exist with Dr. Gerberding. The green space not just the construction program, today. around the building includes a stream which I want to talk a little bit about A quick personal anecdote. I will fed by water runoff collected from the but also of the ongoing work down never forget the first time I went to building to make the area inviting for there. the Chamblee campus a few years be- exercise. I remember seeing that. I Nobody, even my friend from Okla- fore we embarked on this building pro- didn’t think it was a Japanese garden; homa, would disagree that the work gram. I walked into what then was a I thought it was a green space. But it being done at CDC is unparalleled any- World War II barrack. It now has been is to get people out, exercise, walk where else in the world. Were it not for replaced. There was a shower curtain, more. As far as I am concerned, the the great support of Senator HARKIN and it wasn’t one of those $540 shower more green space and the more day- and Senator SPECTER, I am not sure we curtains. This had been purchased by light and the more exercise people get would be in this position today. I can the individual scientist working in there, the better off we are. That is only emphasize how important that that building. That shower curtain was what they are preaching, right? They work is by telling the American people, put over a piece of equipment and it are preaching to us to do more exercise as we talk about this issue and talk was about 5 feet, I guess, above the to stay healthy. I guess they are going about CDC, that on September 11, after equipment itself. When I asked what to start doing that more on their own the terrorists struck New York City, that was for, they pointed to a hole in at the Centers for Disease Control and there were two planes that were au- the roof and said, The roof leaks and Prevention. thorized to be in the air. One was Air there is nothing we can do about it. I understand what the Senator from Force One. The other was an airplane Here we have a piece of equipment Oklahoma wants to do here. If he commissioned by the CDC to carry CDC worth about $1.5 million that sits right wants to increase money for the AIDS medical workers to New York City. under there. It has to be there because Drug Assistance Program, that is all That is how important a priority it is of the design of the lab inside the well and good, but not at the expense in our country. That is why it is impor- building. That shower curtain was pur- of taking it away from the Centers for tant that we make sure the employees chased by the individual scientist to Disease Control and Prevention. at CDC have the availability of work- make sure that not only the equipment Mr. COBURN. Mr. President, I have ing in first-class facilities. was not damaged but, obviously, that to leave the floor to chair a sub- Most of the laboratory facilities at the working papers on that scientist’s committee hearing. I want to spend 2 the Chamblee, GA location of CDC are desk were not destroyed by water com- or 3 minutes. in a state of extreme disrepair and re- ing in and leaking on it. But we have

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23706 CONGRESSIONAL RECORD—SENATE October 26, 2005 since torn that building down and we ing these deficiencies has greatly bene- are going to plus-up that amount of have replaced it. fited all Americans by enhancing CDC’s money; we have done it every year be- Expensive and sensitive equipment ability to respond to emergencies as cause we need the facilities. Every year has literally fallen through the floors well as providing the desperately need- we have had $250 million, beginning at some of these facilities. In addition, ed facilities required for the day-to-day with fiscal year 2002. In 2002, 2003, 2004, most of the remainder of the CDC’s lab- public health and research activities. and 2005, we funded $250 million for oratories are more than 40 years old The fiscal year 2006 funding will con- CDC in Atlanta, to speed up this mas- and are incapable of handling the dan- tinue to substantially enhance the ter plan. This year, because of the gerous viruses encountered over the CDC’s ability to build the new infec- tight budget conditions that we are in, last 25 years, such as Ebola virus, tious disease laboratory, which will in- Senator SPECTER and Senator HARKIN hantavirus, and Dengue fever. This clude greatly needed biosafety level 4 allocated $200 million instead of $250 raises concerns that these facilities ‘‘hot lab’’ construction of a new envi- million for this master plan. will be severely outmatched in the fu- ronmental toxicology lab and greatly Let me respond very quickly to this ture by undiscovered biological needed security updates. Japanese garden issue. I will tell you threats, which we have most recently Let me tell you about the master what the Japanese garden is. In parts experienced with the threat of anthrax plan to which I referred a couple of of Georgia, if you drill a hole in the in the past years, and the disasters times. ground when building, you sometimes that occurred on September 11. The Back in 2001, probably at about the hit granite rock. In this case, part of Asian bird flu or any other highly time Senator SPECTER said he went to the area on the Roybal Campus where pathogenic avian influenza is currently CDC—and I am sure Senator HARKIN we are carrying out the master plan, an issue for agricultural health and was there about that time—they ob- there is rock under the surface. It was animal disease experts, but should this served the condition of the facilities at necessary to blast that rock out. When virus mutate to allow for human-to- CDC, both at the Chamblee Campus, as they blasted the rock out, instead of human transfer, the control and efforts well as the Roybal Campus. Those hauling that rock off, Dr. Gerberding to limit its spread will fall squarely buildings were in total disrepair, and in said, Let’s take that and develop an under the purview of the very entity bad need of replacement. area for our employees to utilize dur- that this amendment would seek to Again, the examples which I alluded ing the day, to exercise, as Senator cut, the CDC. to, the personal anecdote as well as HARKIN referred to, and go out and eat The three prongs critical to man- what I have shown in pictures, still lunch. I guess what we have out there aging an animal-borne pandemic— exist, particularly throughout the is a gardedn of some sort that must DHS, CDC, and USDA—must all be Chamblee Campus. have a Japanese ‘‘tinge’’ to it, and that equipped with the necessary resources Under the leadership then of Dr. Jef- is why it is referred to as ‘‘the Japa- to effectively address potential out- frey Koplan, and subsequently under nese garden.’’ It looked to me like a breaks in a timely and efficient man- Dr. Gerberding, the CDC developed a nice place where employees could go ner. This amendment will jeopardize a master building plan. What they did out in the open air and have lunch. I critical element in this effort. was unique to any governmental agen- have seen them out there doing this. During the 1997 Hong Kong avian flu cy that I have ever engaged with since I am going to let Senator ISAKSON ad- outbreak, CDC was forced to create I have been in Congress for 11 years dress a couple of other specific items emergency laboratory space by dis- now; that is, they went out and had an that have been suggested as being placing researchers working on other architect draw a master plan for a spe- somewhat wasteful spending. They are diseases. With additional funding, CDC cific set of buildings. It involves a hard-working, dedicated employees. If will be much better prepared to re- number of buildings where we are going we are going to continue to recruit the spond to such emergencies as a ter- to consolidate laboratories as we tear very finest that the world has to offer, rorist attack using smallpox virus, an- down these World War II barracks. we ought to at least be able to spend a thrax, a worldwide flu pandemic or a That master plan not only had the little bit of money and take advantage large-scale exposure to deadly toxic buildings drawn, but they also went of the contours of the land to give chemicals. A delayed or slow response further than this and had the plans and them a nice place to go out and sit on from CDC may increase public panic or specifications themselves sent out for their break and at lunchtime. anxiety in an emergency situation and bid. And they now have a contract on I sympathize with the Senator from cost human lives. each one of these buildings. That is the Oklahoma when he says that we need One of today’s most serious potential master plan. to continue spending money on the threats to our national security is bio- Originally, we were scheduled to AIDS Drug Assistance Program. We terrorism. The CDC is an integral part complete that $15 billion master plan have responded to that in the Congress. of the homeland defense because of its over 10 years. We have maintained a level amount of ability to identify, classify, and rec- Senator ISAKSON, who was then a spending for CDC in Atlanta, for the ommend courses of action in dealing Member of the House, and myself, completion of our master plan over the with biological and chemical threats. along with our entire delegation, in a last 5 years. The ADAP appropriations The CDC master plan will address the bipartisan fashion, came to our leader- for 2001 was $589 million. In 2002, that current and future needs for surge ca- ship in the House and to the leadership rose to $639 million; then $714 million; pacity for responding to large public in the Senate and said, rather than then $748 million; and in the 2005 appro- health emergencies. doing this over 10 years following Sep- priations, it was $793 million. In 2006, In addition to working in asbestos- tember 11, we need to consolidate this we expect $797.5 million. laden facilities, many highly trained to five years and let our scientists have It is not like we haven’t been increas- scientists perform their research in fa- the ability to do a better job in a first- ing the funding for ADAP. We have, cilities that lack safety features, such class facility. and we need to continue to do so, but as sprinkler systems and adequate elec- So we decided to go with a 5-year not at the expense of providing the tric and airflow systems. The poor con- plan as opposed to a 10-year plan. most premier medical scientists and ditions of the facilities have damaged Each year, we have asked for $300 researchers in the world with a facility the Agency’s ability to recruit and re- million to try to complete that plan. within which to work. tain the world-class scientists upon We have been successful for a number I urge my colleagues to vote against which CDC relies to serve the Amer- of years in getting $250 million. this amendment. ican public. I have to say that every year—the Again, I say to Senator SPECTER and The multiyear master plan has re- Senator from Oklahoma is right—the Senator HARKIN that under their lead- ceived wide bipartisan support in the budget that comes over from the Presi- ership, we do have the most premier House and Senate. In the past, address- dent is very low because they know we medical research facility in the world

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23707 located in Atlanta, GA, today, and we in addition to the $171 million that is prevention efforts for acquired im- need to continue to provide the funding included in this appropriation. munodeficiency syndrome, or AIDS. for this master plan, which we will now As Senator SPECTER said early on, There is no organization in the world complete in another couple of years. contractors don’t contract until all that is more on the leading edge of the We should be able to continue to at- compensation for construction can be prevention of AIDS and its treatment tract the very finest and best that the made. We did the seed-planting money than the Centers for Disease Control. world has to offer. We also need to en- in the previous appropriations bills in In fact, to take this $60 million away sure that Americans are safe, when the this Congress. Now it is time build from the building laboratory that is de- avian flu presents a threat, that our Building 23, which is the Infectious signed for infectious disease study scientists are able to respond, as they Disease Building. would do more harm to patients with are doing today, and that they have the It is incorrect to characterize money AIDS than would help to move it to habitat within which to work, allowing that is there today as being excess drug programs for patients with AIDS. them to do the very best job they can funds. It is part of the cash flow that It is an improper characterization and do to protect Americans and to protect we have appropriated over a 5-year it is an improper prioritization of the world from the health hazards that plan to complete this project. money that is appropriated. exist. Second, and most importantly, the As the Senator said in the beginning I yield the floor. statement was made that CDC had presentation of his amendment, this The PRESIDING OFFICER. The Sen- spent $60 million of the money on a does not save a dime of expenditure. It ator from Georgia. welcome center. just moves some money around. There Mr. ISAKSON. Mr. President, I asso- I happen to know where that came are some places we ought to do it. The ciate myself entirely with the remarks from. That came from a newspaper ar- distinguished Senator from Oklahoma of my colleague, the senior Senator ticle in the Atlanta Journal Constitu- is right many times in his criticism from Georgia, Mr. CHAMBLISS. tion, which was, on its face, absolutely and the characterizations he presents, I rise for two specific reasons. The incorrect. The $60 million building is but he is 100 percent dead wrong in first is to correct some statements that the Global Communications Center, terms of this amendment. have been made to be factual that are which was Building 19, which was the I respectfully submit the facts to the not and, second, to take issue with the first thing we completed to allow the Senate, and I ask my colleagues to re- contention that the amendment before United States of America and the CDC ject the Coburn amendment on the us places people before buildings. to be able to meet a pandemic, a ter- CDC and continue our commitment to Before I do either, however, I want to rorist attack, and communicate simul- the health care of the people around pay particular praise and attention to taneously and seamlessly throughout the world and the safety and security Senator HARKIN and Senator SPECTER. the world to stop the death and de- of American citizens by continuing to My first visit ever to the Senate was as struction of Americans, as well the fund the world’s premier health care, a Member of Congress, shortly after my lives of human beings throughout the health prevention, and health resource election, when I came to the offices of world. It was an absolutely incorrect facility, the Centers for Disease Con- both these Senators, accompanied by statement made in the media. There is trol in Atlanta, GA. Bernie Marcus, Oz Nelson, and other no welcome center, but there is a state- The PRESIDING OFFICER. The Sen- executives who led a private sector of-the-art communications center that ator from Pennsylvania. focus on what we are discussing and de- allows us to instantly respond to the Mr. SPECTER. Mr. President, I ask bating today; that is, the fact that the threats we know only too well—wheth- unanimous consent the pending Coburn world’s premier health care and disease er it be threats of human beings like amendment be set aside and we proceed prevention facility was crumbling and those on September 11 who attacked with another amendment. in shambles. us, or threats that lie await in poultry The PRESIDING OFFICER. Without These corporate leaders came to and birds in Asia that may materialize objection, it is so ordered. these two Senators and came to us, into an avian flu human-to-human The pending amendment is set aside. along with Dr. Jeffrey Copeland, with a transfer. The Senator from Minnesota. Both the statements of $200 million plan to remake and rebuild the CDC so AMENDMENT NO. 2244 being on deposit or $60 million being that it could carry out the jobs of the Mr. DAYTON. Mr. President, I thank spent on a welcome center are incor- 21st century in health care. the distinguished chairman of the com- Ironically, that visit was a year and rect in the way they were presented. mittee and the distinguished ranking half before September 11, 2001. But for- The money in this bill of $200 million member for ceding me this time. I call tunately, it was a year and half before for this 2006 budget is to provide $171 up amendment No. 2244. that tragic day because all of the re- million to complete Building 23, which The PRESIDING OFFICER. The search that was done that helped us in is the infectious disease laboratory, an- clerk will report. the identification of the anthrax prob- other $21 million for Building No. 24, The assistant legislative clerk read lem that we had was done right there which will be one of the last buildings as follows: in CDC, to deal with monkeypox, to to go into place—this is the planning deal with avian flu, to deal with the and design money—and $7.5 million for The Senator from Minnesota [Mr. DAYTON] proposes an amendment numbered 2244. West Nile virus—all of these diseases maintenance of these facilities. we have, in part, been able to deal Last, the characterization that this Mr. DAYTON. Mr. President, I ask with, with the new facilities built in amendment is about putting buildings unanimous consent the reading of the this 5-year building program. before people’s lives, with all due re- amendment be dispensed with. I commend Senators HARKIN and spect, there is a fact that should be The PRESIDING OFFICER. Without SPECTER for their leadership and for shared today. All decry AIDS, and I objection, it is so ordered. their support. commend the Senator from Oklahoma The amendment is as follows: I rise in opposition to this amend- for wanting to put $60 million in AIDS (Purpose: To provide for the production and ment based entirely on the facts which drugs for those who cannot afford mailing of a corrected Medicare and You have been presented which are not cor- them, but to do so and claim that CDC handbook) rect. I will deal with the facts first. spend this on a building when they On page 156, line 2, strike ‘‘Funds.’’ and in- The statement has been made on this could be spending it on AIDS patients sert ‘‘Funds: Provided further, That the Sec- floor that $200 million in construction retary, by not later than January 1, 2006, is a travesty. shall produce and mail a corrected version of money is sitting idle at the CDC. There This year, the CDC, on its own, will the annual notice required under section is $200 million for construction at CDC, deploy, of its money and that of other 1804(a) of the Social Security Act (42 U.S.C. which is absolutely essential to com- governments and other resources 1395b–2(a)) to each beneficiary described in plete Building 23 and start Building 24, around the world, over $1 billion in its the second sentence of such section, together

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23708 CONGRESSIONAL RECORD—SENATE October 26, 2005 with an explanation of the error in the pre- special education, to what was prom- Mr. SANTORUM. Mr. President, I vious annual notice that was mailed to such ised 28 years ago, 40 percent of the cost call up amendment No. 2239. beneficiaries.’’. of State and local governments. The PRESIDING OFFICER. Without Mr. DAYTON. Mr. President, re- I can only speak for my State, but objection, the pending amendment is cently the Centers for Medicare and that money would be desperately need- set aside. Medicaid Services sent to 42 million ed and very well used. It would amount The clerk will report. Medicare beneficiaries this handbook, to about $250 million in additional Fed- The assistant legislative clerk read ‘‘Medicare & You,’’ to describe a myr- eral funding for K–12 education for my as follows: iad of plans providing prescription drug State to keep the promise that has The Senator from Pennsylvania [Mr. coverage. There are an enormous num- been broken. It has cost about $12 bil- SANTORUM] proposes an amendment number of plans in Minnesota—over 40 lion above what has been committed so bered 2239. plans. I have tried to go through the far. Mr. SANTORUM. I ask unanimous book myself. I have had my staff try to I recognize the distinguished chair- consent the reading of the amendment explain it to me. I think I am a reason- man and ranking member have made be dispensed with. ably intelligent American, but this is this a priority and have increased fund- The PRESIDING OFFICER. Without extremely complicated and it will be ing, and we have made some progress objection, it is so ordered. very challenging to many Medicare in the last few years. But we are still The amendment is as follows: beneficiaries. That is going to be com- less than 20 percent—less than half—of (Purpose: To provide funding for the pounded by the fact that there is a the commitment for special education purchase of rapid oral HIV tests) very serious error in the tables that made almost three decades ago. At the appropriate place, insert the following: will apply to 17 million Americans AMENDMENT NO. 2289 SEC. ll. The Secretary of Health and whose incomes are low enough that Finally, I ask that amendment be set Human Services shall use amounts appro- they qualify for partial subsidy for aside, and I call up amendment No. priated under title II for the purchase of not their premiums. 2289. less than 1,000,000 rapid oral HIV tests. The question in the column heading The PRESIDING OFFICER. Without Mr. SANTORUM. This is an amend- is ‘‘If I qualify for extra help, will my objection, it is so ordered. ment that is to instruct the Depart- full premium be covered?’’ The clerk will report. ment of Health and Human Services to Under every single plan, the answer The assistant legislative clerk read purchase of no less than 1 million rapid is listed as ‘‘yes.’’ That is incorrect. as follows: oral HIV tests. Only about 40 percent of the plan offer- The Senator from Minnesota [Mr. DAY- As we all know, the problem of HIV ings—those with premiums below the TON] proposes an amendment numbered 2289. and the spread of HIV continues to be regional average—will be covered. The Mr. DAYTON. Mr. President, I ask a problem. Experts tell us that over other 60 percent will be only covered up unanimous consent the reading be dis- half of all new HIV cases are as a result to that amount, and anything above pensed with. of someone who was unaware of their that the beneficiary has to pay, but The PRESIDING OFFICER. Without HIV status. The idea is having better that is incorrectly described here. Yet objection, it is so ordered. testing out there, along with oral test- CMS refuses to correct the error by a The amendment is as follows: ing where it does not require any draw- subsequent mailing. (Purpose: To increase funding for disabled ing of blood or needles—obviously, for My amendment requires them to do voter access services under the Help Amer- a lot of folks that is a concern. This ica Vote Act of 2002) so and would transfer such funds as provides a safe effective way to be able necessary from their administrative On page 178, after line 25, insert the following: to get these results in a timely fashion accounts so it is offset. It is essential SEC. lll. (a) In addition to amounts oth- to give people the notice they need be- to all beneficiaries and the integrity of erwise appropriated under this Act, there are fore they engage in an activity that the plan. appropriated, out of any money in the Treas- might cause the further spread of the AMENDMENT NO. 2245 ury not otherwise appropriated, $15,121,000 HIV virus. I ask that amendment be set aside, for activities authorized by the Help Amer- I understand from my colleague from and I call up amendment No. 2245. ica Vote Act of 2002, of which $10,000,000 shall Pennsylvania, this is an amendment he The PRESIDING OFFICER. Without be for payments to States to promote access is willing to accept. If there is no dis- for voters with disabilities, and of which objection, it is so ordered. $5,121,000 shall be for payments to States for cussion, I urge agreement of the The clerk will report. protection and advocacy systems for voters amendment. The assistant legislative clerk read with disabilities. The PRESIDING OFFICER. The Sen- as follows: (b) Notwithstanding any other provision of ator from Pennsylvania. The Senator from Minnesota [Mr. DAYTON] this Act, amounts made available under this Mr. SPECTER. Mr. President, the proposes an amendment numbered 2245. title for the administration and related ex- amendment as outlined by my col- Mr. DAYTON. I ask unanimous con- penses shall be reduced by $15,121,000 from league from Pennsylvania provides for sent the reading of the amendment be other services. 1 million HIV oral rapid tests. The dispensed with. Mr. DAYTON. This amendment pro- funds are provided for within the The PRESIDING OFFICER. Without vides additional funding to State gov- amounts already in the bill. These objection, it is so ordered. ernments and agencies involved with tests are essential. He correctly states The amendment is as follows: Americans with disabilities to allow my agreement and acquiescence. I join (Purpose: To fully fund the Federal Govern- them access to vote. The Help America my colleague in urging agreement. ment’s share of the costs under part B of Vote Act of 2003—landmark legislation, The PRESIDING OFFICER. The Sen- the Individuals with Disabilities Education bipartisan legislation—unfortunately, ator from Iowa. Act) has not been funded to the level nec- Mr. HARKIN. I have no objection. At the end of title III (before the short essary to help States and local govern- The PRESIDING OFFICER. The title), insert the following: ments comply with this requirement. question is on agreeing to the amend- SEC. ll. In addition to amounts otherwise This is a modest amount, $15 million, ment. appropriated under this Act, there is appro- offset by the increase in the adminis- The amendment (No. 2239) was agreed priated, out of any money in the Treasury not otherwise appropriated, an additional trative costs, so it would result in a re- to. $12,375,000,000 for carrying out part B of the duction for administration but would AMENDMENT NO. 2241 Individuals with Disabilities Education Act be money we committed that has not Ms. CANTWELL. I call up amend- (20 U.S.C. 1411 et seq.), in order to fully fund been forthcoming. ment No. 2241 and ask for its imme- the Federal Government’s share of the costs I yield the floor. diate consideration. under such part. AMENDMENT NO. 2239 The PRESIDING OFFICER. Without Mr. DAYTON. This amendment in- The PRESIDING OFFICER. The Sen- objection, the pending amendment is creases the Federal funding for IDEA, ator from Pennsylvania. set aside.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23709 The clerk will report. (i) expanding consumer and beneficiary the rate payable for level V of the Executive The assistant legislative clerk read choice in Federal social service programs; Schedule under section 5316 of such title. as follows: (ii) maximizing the use of governmental (4) Any Federal Government employee may be detailed to the Commission without reim- The Senator from Pennsylvania [Mr. resources in the Federal programs; and (iii) minimizing concerns relating to any bursement, and such detail shall be without SANTORUM] proposes an amendment num- interruption or loss of civil service status or bered 2241. precedent under the Constitution regarding the participation of faith-based providers in privilege. Mr. SANTORUM. Mr. President, I the Federal programs. (5) The co-Chairpersons of the Commission, ask unanimous consent the reading of (2) The Commission shall develop rec- acting jointly, may procure temporary and the amendment be dispensed with. ommendations on program areas, among the intermittent services under section 3109(b) of The PRESIDING OFFICER. Without Federal social service programs, for which it title 5, United States Code, at rates for indi- objection, it is so ordered. is appropriate and feasible to implement full viduals which do not exceed the daily equiva- The amendment is as follows: or partial beneficiary-selected or bene- lent of the annual rate of basic pay pre- (Purpose: To establish a Congressional Com- ficiary-directed options for the delivery of scribed for level V of the Executive Schedule mission on Expanding Social Service De- the social services. under section 5316 of such title. (h) The Commission shall terminate 90 livery Options) (3) Not later than 11 months after the date days after the date on which the Commission At the appropriate place, insert the fol- of enactment of this Act, the Commission shall submit a report to the Speaker and mi- submits its report under subsection (e). lowing: (i)(1) There are authorized to be appro- SEC. lll.(a) There is established a Con- nority leader of the House of Representatives and the majority leader and minority leader priated to the Commission for fiscal year gressional Commission on Expanding Social 2006 such sums as may be necessary to carry Service Delivery Options (referred to in this of the Senate, which shall contain a detailed statement of the findings and conclusions of out this section. section as the ‘‘Commission’’). (2) Any sums appropriated under the au- (b)(1) The Commission shall be composed of the Commission, together with its rec- thorization contained in this subsection 10 members, of whom— ommendations for such legislation and ad- shall remain available, without fiscal year (A) 3 shall be appointed by the Speaker of ministrative actions as it considers appro- limitation, until expended. the House of Representatives; priate. (B) 3 shall be appointed by the majority (f)(1) The Commission may hold such hear- Mr. SANTORUM. Mr. President, this leader of the Senate; ings, sit and act at such times and places, is a commission, a bipartisan bi- (C) 2 shall be appointed by the minority take such testimony, and receive such evi- cameral commission, that will be set leader of the House of Representatives; and dence as the Commission considers necessary up as a result of this amendment that (D) 2 shall be appointed by the minority to carry out this section. would undertake a comprehensive and leader of the Senate. (2) The Commission may secure directly thoughtful review of Federal social (2) Members of the Commission shall be ap- from any Federal department or agency such pointed from among individuals with dem- information as the Commission considers service programs and make rec- onstrated expertise and experience in social necessary to carry out this section. Upon re- ommendations that would be appro- service delivery, including, to the extent quest of either co-Chairperson of the Com- priate to provide beneficiaries more practicable, in the area of reform of such de- mission, the head of such department or choice in how they receive their social livery. agency shall furnish such information to the services that are paid for from the Fed- (3) The appointments of the members of Commission. eral Government. the Commission shall be made not later than (3) The Commission may use the United One of the things I hear as I work in 30 days after the date of enactment of this States mails in the same manner and under Act. communities that heavily rely on so- the same conditions as other departments cial services, a lot of places where they (4) Members shall be appointed for the life and agencies of the Federal Government. of the Commission. Any vacancy in the Com- (g)(1) Each member of the Commission who would like to get social services—commission shall not affect its powers, but shall is not an officer or employee of the Federal munity-based organizations, in some be filled in the same manner as the original Government shall be compensated at a rate cases faith-based organizations—are appointment. equal to the daily equivalent of the annual not able. They either do not qualify for (c) The Speaker of the House of Represent- rate of basic pay prescribed for level IV of atives shall designate 1 of the members ap- Federal funds or do not have the tech- the Executive Schedule under section 5315 of pointed under subsection (b)(1)(A) as a co- nical expertise to get Federal funds. title 5, United States Code, for each day (in- Chairperson of the Commission. The major- The President has put forward a faith- cluding travel time) during which such mem- ity leader of the Senate shall designate 1 of based initiative. The Congress has ber is engaged in the performance of the du- the members appointed under subsection ties of the Commission. All members of the passed charitable choice legislation. (b)(1)(B) as a co-Chairperson of the Commis- Commission who are officers or employees of We have done a lot to try to get more sion. providers in social services involved, (d)(1) Not later than 60 days after the date the United States shall serve without com- of enactment of this Act, the Commission pensation in addition to that received for and even in some areas provide more shall hold its first meeting. their services as officers or employees of the flexibility—such as vouchers for cer- (2) The Commission shall meet at the call United States. tain services that are out there so peo- of either co-Chairperson. (2) The members of the Commission shall ple can take that voucher and get the (3) A majority of the members of the Com- be allowed travel expenses, including per services from qualified places. mission shall constitute a quorum, but a diem in lieu of subsistence, at rates authorized for employees of agencies under sub- There is still a level of frustration lesser number of members may hold hear- out in the community. I think we need ings. chapter I of chapter 57 of title 5, United (e)(1)(A) The Commission shall conduct a States Code, while away from their homes or to do a more comprehensive job in thorough and thoughtful study of all matters regular places of business in the performance looking at how we address the issue of relating to increasing beneficiary-selected or of services for the Commission. giving people choices as to how they beneficiary-directed options for social serv- (3)(A) The co-Chairpersons of the Commis- get their social services. I think this is ice delivery in Federal social service pro- sion, acting jointly, may, without regard to a way to bring some of the best minds grams, including certificate, scholarship, the civil service laws and regulations, ap- that we have into the social service de- point and terminate an executive director voucher, or other forms of indirect delivery. livery area, folks from both the House The Commission shall review all relevant and such other additional personnel as may Federal social service programs in existence be necessary to enable the Commission to and the Senate and the White House, on the date of the beginning of the study, in- perform its duties. The employment of an ex- appointees, to sit down and look to see, cluding the initiatives of the Corporation for ecutive director shall be subject to confirma- is there a better mousetrap than the National and Community Service. The Com- tion by the Commission. current system of social service deliv- mission shall determine program areas, (B) The co-Chairpersons of the Commis- ery? Is there a better way for us to re- among the Federal programs, for which it is sion, acting jointly, may fix the compensa- structure some of these programs to appropriate and feasible to implement full or tion of the executive director and other per- give more efficient and effective serv- sonnel without regard to chapter 51 and sub- partial beneficiary-selected or beneficiary- ices at less cost and with more con- directed options for the delivery of the social chapter III of chapter 53 of title 5, United services. States Code, relating to classification of po- sumer buy-in and choice? (B) In making determinations under sub- sitions and General Schedule pay rates, ex- One of the reasons some of our social paragraph (A), the Commission shall seek to cept that the rate of pay for the executive di- services plans do not work very well is promote goals of— rector and other personnel may not exceed people do not interface well with the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23710 CONGRESSIONAL RECORD—SENATE October 26, 2005 delivery systems in place right now. member of. To my knowledge, I am not Without objection, it is so ordered. This commission would be tasked to aware of any objection on the part of Mr. HARKIN. Mr. President, I say to determine how we can, in fact, remove the Finance Committee as to this par- my friend from Pennsylvania, if this some of these barriers to folks who do ticular provision. I will be offering a can be given to the chairs and ranking not access the social services systems. couple other amendments promptly members of those committees, to have One of the big problems we have con- which are under the jurisdiction of the them look at it, and if it is fine, then tinually with a lot of our programs— Finance Committee which they do ob- I have no objection. As I said, I have whether it is health programs, housing ject to, which I will just offer and with- not had a chance to look at it, and it is programs, rehabilitation programs, or draw. But to my knowledge, they have not in my jurisdiction at all. other programs—is we have large seg- not objected to this particular amend- The PRESIDING OFFICER. The Sen- ments of the community that simply ment. ator from Pennsylvania. do not participate. They may be eligi- Mr. HARKIN. Again, I thank the Sen- Mr. SANTORUM. Mr. President, I ble for services, but they do not par- ator. I personally do not have any perfectly understand what the concerns ticipate in the services. So we have to problem with it, but this is something are of the Senator from Iowa and would figure out: How do we better reach I think—I always have a little question be happy to work with him over the these people? How do we better make when any Senator, on this side of the next several hours to get that amend- these services available in such a way aisle or that side, anywhere, has a pret- ment cleared. that we can actually start reaching ty thick amendment that involves AMENDMENT NO. 2237 people in how they live their lives and commissions and how you select com- Mr. President, I ask that amendment in a way that meets their needs? missions and what they do. No. 2237 be called up and ask for its im- As far as the money for this commis- I have not even had a chance to read mediate consideration. sion, I have asked that it be such sums this amendment. I don’t even know The PRESIDING OFFICER. The as may be determined by the com- what is in it. pending amendments have been set mittee. Hopefully, they will allocate Again, I ask my friend from Pennsyl- aside. The clerk will report. such resources they have available to vania, has this amendment, in its The assistant legislative clerk read stand up this commission. But, to me, present form, been submitted to either as follows: it is important we get better utiliza- the Finance Committee or the HELP The Senator from Pennsylvania [Mr. tion. For my mind, just giving more Committee? They probably share juris- SANTORUM] proposes an amendment num- money to the different Departments to diction there. Have they looked at it to bered 2237. figure out ways to advertise or to do see if there are any objections to this? Mr. SANTORUM. Mr. President, I things to bump up their enrollment in The PRESIDING OFFICER. Without ask unanimous consent that reading of some of these programs has been tried objection, the Senator from Pennsyl- the amendment be dispensed with. in the past, and it basically does not vania. The PRESIDING OFFICER. Without work very well. I think we need to at Mr. SANTORUM. Mr. President, to objection, it is so ordered. least have some of our best minds look my knowledge, we filed the amend- (The amendment is printed in the at this together, as to how we could re- ment. My staff has discussed it, I RECORD of Tuesday, October 25, 2005, design this system and get rec- know, with the Finance Committee. I under ‘‘Text of Amendments.’’) ommendations given to the Congress as do not know about any other commit- Mr. SANTORUM. Thank you, Mr. to how we can do a better job providing tees. This is not a bill I introduced and President. The next two amendments I services. has gone to committee. This is some- am going to be talking about are With that, Mr. President, I urge the thing I have brought up on this bill. amendments that I have offered and on adoption of the amendment. So to answer your question, I think, which I want to have a discussion. The PRESIDING OFFICER. Is there as directly as I can, no, we have not They are in the subject area of this ap- further debate on the amendment? filed this with the Finance Committee propriations bill, but they are provi- The Senator from Pennsylvania. as a bill to have them review it as a sions that, as my colleague from Penn- Mr. SPECTER. Mr. President, my bill in committee, if that is your ques- sylvania advised me, rightfully belong colleague and I were just discussing the tion. as amendments to a welfare bill. amendment. I believe it is acceptable. Mr. HARKIN. Mr. President, I wonder But as Members of this Chamber I yield to my colleague. if the Senator from Pennsylvania— know, we have not had the privilege in The PRESIDING OFFICER. The Sen- well, you have offered the amendment. the Senate of having a welfare bill ator from Iowa. That is fine. The amendment is at the come across this floor, even though the Mr. HARKIN. Mr. President, this is desk. I wonder if we might put off vot- welfare bill of 1996 expired a couple of the first time I have seen this amending on this amendment. years ago. We have passed extension Mr. SANTORUM. I would be happy ment. This is setting up a congres- after extension. As a result of that, the to. work requirements in the welfare re- sional commission on expanding social Mr. HARKIN. I would like to have form bill of 1996—which have been so service delivery options. I have no the chairman and ranking member of effective in transforming the lives of problem with that. the Finance Committee, and perhaps But the way it is spelled out and ev- millions of Americans who were the HELP Committee because it per- erything, I would ask the Senator from trapped in the welfare system—those haps crosses both—to have them at Pennsylvania, the author of the work requirements in most States have least take a look at it. If it is fine, then amendment, has this been brought up gone away because the requirements I do not care. before the authorizing committee? Has Mr. SANTORUM addressed the Chair. only required that 50 percent of the there been any hearing on this? Has The PRESIDING OFFICER. The Sen- caseload, at the time of the passage of there ever been a hearing on this, or ator from Iowa has the floor. the bill, had to be working. has the authorizing committee acted Mr. HARKIN. Mr. President, am I Well, we reduced the caseload more on this at all? This is authorization on correct, has the Senator from Pennsyl- than 50 percent, therefore the work re- an appropriations bill. vania laid down the amendment? Is the quirements went away for the caseload The PRESIDING OFFICER. Without amendment at the desk? that is remaining. So many States objection, the Senator from Pennsyl- The PRESIDING OFFICER. The have begun to sort of go back to the vania is recognized. amendment is pending. pre-1996 provision of welfare. It is easi- Mr. SANTORUM. Thank you, Mr. Mr. HARKIN. Mr. President, I ask er for States to do that. Work pro- President. unanimous consent that the amend- grams cost money to the States. Other Mr. President, we have discussed it ment be temporarily laid aside. initiatives to try to help people get out with the members of the Finance Com- The PRESIDING OFFICER. Is there of poverty, they cost money. So if you mittee which, as you know, I am a objection? do not have to spend that money as a

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23711 State, if you can just simply continue the left and the right writing about that is being proposed, that we have to pay out the money and not have to this. This is no longer just a conserv- yet to bring to the floor, requires 24 provide all these other services, it is a ative cabal when we talk about family hours. But we have required work, and lot cheaper for States to do. In fact, unification; families, mothers and fa- it is working to take people out of pov- that is what States did for years upon thers raising children. Now even those erty. years upon years, as the welfare rolls on the left have said there is no longer What is the next biggest factor in re- grew. an argument. Children raised in ducing poverty? Again, according to There is still a time limit, so that is healthy, stable, two-parent married the Brookings Institution report, an a good thing. That causes a lot of peo- families do better. increase in marriage. We did something ple, in spite of the lack of effort in It should be a social policy to encour- to require work. Many States have many cases by States, to move them- age those kinds of relationships for the more generous welfare benefits than selves off of welfare because of the lim- benefit of children, for the benefit of what is prescribed by the Federal Gov- its on the ability to get relief. But I be- mothers, for the benefit of fathers, for ernment. In fact, I know there is some lieve we can do better. So I have many the benefit of neighborhoods, for the money out there for healthy marriages, times come to the floor of the Senate benefit of the country. Yet when it but very few States and very little Fed- and asked for consideration of the bill, comes to that here in Washington, DC, eral money goes to do anything about asked for a specific number of amend- when it comes to public policy that helping to improve the health of mar- ments, and, candidly, we have had ob- helps build those strong relationships, riage among the poor. It is vitally im- jections from both sides of the aisle. I that helps nurture and foster those re- portant that we recognize that there is think that is unfortunate. lationships of marriage and fathers a direct social-policy, social-service- So as a result, I have brought forward taking responsibility for their children, community, child-mother-father ben- amendments to this bill on two pro- the Government stands in absolute efit for encouraging healthy marriages. grams that I think are vitally impor- neutrality. The Federal Government doesn’t spend tant in the next step on welfare. We did We do nothing to promote stable a penny. This Congress has not spent a a great job in the welfare reform bill of marriages. We do nothing, other than penny on something we know could re- 1996 in providing an economic path to attach fathers’ wages and get child duce poverty by 27 percent and, more recovery for millions of Americans, in support and establish paternity. We do importantly, provide more stability in providing incentives to work. We made nothing to help nurture and bring fa- the lives of children, reduce domestic work pay more than staying on wel- thers back into the lives of their chil- violence, and improve the lives of mil- fare. In many cases prior to that, that dren and into productive and healthy lions in communities across America. was not the case. relationships with the mother of their We will not spend a penny this year. We also did a lot in providing strict children. That is why I offered the amendment, time limits and giving States very What I have suggested, in both because I want to spend more than a tough provisions to require work as a amendment No. 2237 and No. 2238, are few pennies, because we know it has an way of getting people out of poverty, two initiatives that are better placed impact. instead of simply just allowing them to and will be placed and will be debated What impact does it have? Let’s look be maintained in poverty. It gave them in full on the welfare bill. One is a at the benefits of marriage for chil- a requirement that a certain percent- healthy marriage initiative. The sec- dren: better school performance and age of the caseload had to be at work. ond is a fatherhood initiative. Both less dropouts; fewer emotional and be- That is all for the good. We saw the would provide funding. havioral problems; less substance rate of poverty from 1996 to the year Let’s review some of the statistics of abuse; less abuse or neglect; less crimi- 2001—until we had, unfortunately, a re- the impact of marriage. This was done nal activity; less early sexual activity cession in this country—we saw the by the Brookings Institution. Those on and fewer out-of-wedlock births. I am rate of poverty go down, and go down the other side of the aisle will know not too sure I know anybody who dramatically. that the Brookings Institution is not doesn’t think all of those things are One of the greatest indicators is pov- often cited on the Republican side of good. The Federal Government doesn’t erty among African-American children. the aisle. It shows you that the debate spend a penny. Poverty among African-American chil- is over. There is no debate anymore Think of all the things we spend dren, in the year 2001, was the lowest about the impact of marriage and the money on in Washington. One of the ever recorded—lowest ever recorded— impact of having fathers involved in things you hear most when you go back and was a dramatic decline from one of their children’s lives. I talked about home is all the waste, fraud, all the the highest rates ever recorded, which the effectiveness of five factors in re- money we throw at projects for which was in the mid-1990s. So you can point ducing poverty rates. We hear a lot of people have no rhyme or reason as to directly to this act as a way of helping talk on both sides of the aisle—unfor- why we spend the money. Yet here is to alleviate poverty. tunately, more on the other side of the something that we know will help chil- But I think what we have found since aisle—about reducing poverty. Hope- dren, mothers, fathers, neighborhoods, 1996, yes, we have had economic suc- fully, that will change soon. will build on a stronger America, and cesses, but still there are people strug- In 1992, we did what was, in fact, the we don’t spend one red cent. gling at the margins of society. One of most effective thing in reducing pov- You might ask the question: Why is the reasons that is the case is, even erty, this study found. The most effec- that, Senator? Why don’t we spend any though we now have moms who have tive thing was not to double cash wel- money on this? Let me tell you what gotten jobs—and it was predominantly fare payments. Some on the other side some of my colleagues on the Finance moms who were on welfare—what they of the aisle have suggested that all we Committee have said. The response have not gotten is families brought need to do is pay people more from the was: Well, who are we to impose our back together. What we have not seen Government. If we give them more, values on other folks; who are we to is an increase in the amount of family they will get out of poverty. Wrong. suggest that marriage is something the unification, moms and dads coming to- That doesn’t work. In fact, the percent- Federal Government should be con- gether and marrying and raising chil- age reduction in poverty rates, if we cerned with; that is a private matter. dren in poor communities. doubled cash welfare, would only de- Is this a private matter? Is less sub- In fact, the rate of out-of-wedlock crease the poverty rate by 8 percent. stance abuse a private matter? Is less births has not changed substantially at What did work? Full-time work. Full- abuse and neglect a private matter? Is all in most of these communities. The time work decreases the poverty rate less criminal activity a private mat- amount of fatherlessness in these com- by 42 percent. We have done that. We ter? This isn’t a private matter. We are munities continues to be of epidemic have required work, not full-time talking about policies that have a di- proportions. And we now have folks on work, but we require 20 hours. The bill rect impact on the health and safety of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23712 CONGRESSIONAL RECORD—SENATE October 26, 2005 children. It is not a private matter. in poor neighborhoods in America to implementation of the Medicare reim- Supporting healthy marriages is a pub- have a shot to be with their dad and to bursement for all power mobility vehi- lic good. If you think about all the start funding those groups who are out cles for a period of 6 months. It has other things we spend money on, I there—and there are hundreds across been cleared by Senator HARKIN. I ask can’t imagine anything that would be a America who are working hard every for its adoption. more valuable expenditure than to pro- day on a shoestring—to help dads be a The PRESIDING OFFICER. Is there vide more stable families for children dad. further debate on the amendment? If growing up in poor neighborhoods. I can’t offer this amendment because not, the question is on agreeing to The second amendment is an offshoot it is authorizing on an appropriations amendment No. 2291. of the first. That is to try to bring fa- bill. We aren’t going to get a welfare The amendment (No. 2291) was agreed thers who have children out of wedlock bill, so kids across America are going to. back and get them involved in their to have to wait a little longer while AMENDMENT NO. 2260 children’s lives—not necessarily to Congress decides whether we want to Mr. SPECTER. Mr. President, I call marry, but to have them involved. I take the time to help find their dad. up amendment No. 2260. was at a conference within the last Hopefully we can find the time some- The PRESIDING OFFICER. Without year where Jason DeParle, a writer time soon. The kids are waiting. objection, the pending amendment is from the New York Times, was giving a I yield the floor. set aside. talk. He was talking about a book he The PRESIDING OFFICER. The Sen- The clerk will report. had written, following three women in ator from Pennsylvania. The legislative clerk read as follows: Milwaukee, WI, post welfare reform of AMENDMENT NO. 2291 The Senator from Pennsylvania [Mr. SPEC- 1996. He wrote about many things, Mr. SPECTER. Mr. President, I call TER] for Mr. CHAMBLISS, proposes an amend- about how welfare reform is working in up amendment No. 2291 and ask for its ment numbered 2260. some ways and not in others. One way immediate consideration. Mr. SPECTER. Mr. President, I ask he talked about where it wasn’t work- The PRESIDING OFFICER. Without unanimous consent that reading of the ing was with regard to fathers. There objection, the pending amendment is amendment be dispensed with. was a question from the crowd about set aside. The PRESIDING OFFICER. Without The clerk will report. objection, it is so ordered. who these dads are. We are not talking The legislative clerk read as follows: about the best neighborhoods in Amer- The amendment is as follows: The Senator from Pennsylvania [Mr. SPEC- (Purpose: To permit an alien to remain eligi- ica when it comes to crime, wealth. We TER] proposes an amendment numbered 2291. are talking about a lot of dads who, ble for a diversity visa beyond the fiscal Mr. SPECTER. I ask unanimous con- year in which the alien applied for the yes, were or even are incarcerated, sent that reading of the amendment be visa, and for other purposes) were or still are dealing with addiction, dispensed with. At the appropriate place, insert the fol- dealing with unemployment, dealing The PRESIDING OFFICER. Without lowing: with a whole host of other maladies objection, it is so ordered. SEC. ll.(a) This section may be cited as that affect large segments of our popu- The amendment is as follows: the ‘‘Diversity Visa Fairness Act of 2005’’. (b)(1) Section 204(a)(1)(I)(ii) of the Immi- lation. (Purpose: To restrict the use of funds to im- gration and Nationality Act (8 U.S.C. The question was: Do we want these plement or enforce the interim final rule 1154(a)(1)(I)(ii)) is amended by striking sub- dads involved in the lives of these chil- with respect to power mobility devices) dren? I thought that was a bold ques- clause (II) and inserting the following: On page 178, after line 25, insert the fol- ‘‘(II) An alien who qualifies, through ran- tion. Jason’s answer was, in a word—I lowing: dom selection, for a visa under section 203(c) won’t quote him, because I didn’t write SEC. ll.(a) Notwithstanding any other or adjustment of status under section 245(a) it down—well, they may not be the provision of law, none of the funds made shall remain eligible to receive such visa or best role models of dads, but they are available under this Act may be used to im- adjustment of status beyond the end of the still their dads. These children, like all plement or enforce the interim final rule specific fiscal year for which the alien was published in the Federal Register by the Cen- of us children, want to be loved by selected if the alien— ters for Medicare & Medicaid Services on Au- ‘‘(aa) properly applied for such visa or ad- their dads. They need that love, as im- gust 26, 2005 (70 Fed. Reg. 50940) or any cor- perfect as it is. As a dad, I know how justment of status during the fiscal year for responding similar regulation or ruling— which the alien was selected; and imperfect it can be. We all do. But it is (1) prior to April 1, 2006; and ‘‘(bb) was notified by the Secretary of still your dad. (2) on or after April 1, 2006, unless the Sec- State, through the publication of the Visa These programs are not perfect. We retary of Health and Human Services pub- Bulletin, that the application was author- are not bringing ‘‘Father Knows Best’’ lishes— ized.’’. Robert Young dads back into the home. (A) by not later than January 1, 2006, a pro- (2)(A) Notwithstanding any other provision We understand that. But these children posed rule with respect to motorized or pow- of law, a visa shall be available for an alien ered wheelchairs, followed by a 45-day period under section 203(c) of the Immigration and still long for their dad. Do we have a to comment on the proposed rule; and Federal program that helps bring dads Nationality Act (8 U.S.C. 1153(c)) if— (B) by not later than February 14, 2006, a (i) such alien was eligible for and properly back into the home? Do we spend any final rule with respect to motorized or pow- applied for an adjustment of status under Federal dollars to help reunite fathers ered wheelchairs, followed by a 45-day transi- section 245 of such Act (8 U.S.C. 1255) during with their children, in spite of all the tion period for implementation of the final any of the fiscal years 1998 through 2005; benefits that we know about two par- rule. (ii) the application submitted by such alien ents? No, we don’t. We will spend more (b)(1) Notwithstanding any other provision was denied because personnel of the Depart- of law, with respect to a covered item con- money on daycare, billions more on ment of Homeland Security or the Immigra- sisting of a motorized or power wheelchair tion and Naturalization Service failed to ad- daycare. We will spend more money on furnished during 2006, the Secretary of afterschool programs, Head Start Pro- judicate such application during the fiscal Health and Human Services shall reduce the year in which such application was filed; grams, early programs, late programs, payment amount otherwise applicable under (iii) such alien moves to reopen such ad- noon programs. We will spend all sorts section 1834 of the Social Security Act (42 justment of status applications pursuant to of money on Government programs. U.S.C. 1395m) for such item by 1.5 percent. procedures or instructions provided by the (2) The payment reduction provided under But will we spend a penny to help re- Secretary of Homeland Security or the Sec- paragraph (1) for 2006— retary of State; and unite a father with his children? No. (A) shall not apply to a covered item con- (iv) such alien has continuously resided in Who are we to impose our values, is the sisting of a motorized or power wheelchair the United States since the date of submit- line I hear. that is furnished after 2006; and Did anyone ever ask a kid whether he ting such application. (B) shall not be taken into account in cal- (B) A visa made available under subpara- wants his dad back? What kind of value culating the payment amounts applicable for graph (A) may not be counted toward the nu- is that? We need to start thinking such a covered item furnished after 2006. merical maximum for the worldwide level of about how important it is for young Mr. SPECTER. Mr. President, this is set out in section 201(e) of the Immigration children growing up in a hostile world an amendment which would delay the and Nationality Act (8 U.S.C. 1151(e)).

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23713 (3) The amendment made by paragraph (1) ralization under this section not later than there be no second-degree amendments shall take effect on October 1, 2005. 30 days after the submission of such applica- in order to the listed amendments prior Mr. SPECTER. Mr. President, this tion if the applicant— to the votes, and prior to the vote it be ‘‘(A) requests such expedited adjudication has been cleared with Senator HARKIN. in order for Senator SPECTER to modify in order to represent the United States at an It relates to the Diversity Visa Fair- international event; and the Gregg amendment on his behalf. ness Act and strikes the language that ‘‘(B) demonstrates that such expedited ad- And I further ask there be 2 minutes allows aliens to only be eligible for im- judication is related to such representation. for debate equally divided between migrant visas during the fiscal year in ‘‘(3) An applicant is ineligible for expedited each of the votes listed after the first which they apply and makes the appli- adjudication under paragraph (2) if the Sec- vote. Mr. President, I ask that after cants eligible for immigrant visas de- retary of Homeland Security determines the first vote, the votes be 10 minutes spite the end of the fiscal year. that such expedited adjudication poses a risk instead of 15 minutes. The PRESIDING OFFICER. Is there to national security. Such a determination The PRESIDING OFFICER. Is there by the Secretary shall not be subject to re- further debate on the amendment? view. objection? The Chair hears none, and it The Senator from Massachusetts. ‘‘(4)(A) In addition to any other fee author- is so ordered. Mr. KENNEDY. Mr. President, re- ized by law, the Secretary of Homeland Secu- Mr. SPECTER. Mr. President, so that serving the right to object, this deals rity shall charge and collect a $1,000 pre- there will be no doubt and all Senators with immigration. On that immigra- mium processing fee from each applicant de- will be on notice, we will start the vote tion committee, I am sure others have scribed in this subsection to offset the addi- at 4:15, and the first vote will be 15 had an opportunity to see it. I wonder tional costs incurred to expedite the proc- minutes, with 5 minutes additional, essing of applications under this subsection. if the Senator could just let me have a ‘‘(B) The fee collected under subparagraph limited to 20 minutes, and each vote few minutes to look at it prior to mak- (A) shall be deposited as offsetting collec- thereafter will be 10 minutes with a 5- ing that request. tions in the Immigration Examinations Fee minute addition, limited to 15 minutes, Mr. SPECTER. Mr. President, I have Account.’’. and the request will be made that Sen- been advised by staff that this has been (b) The amendment made by subsection (a) ators remain in the Chamber to com- signed off by the Senator from Massa- is repealed on January 1, 2006. plete the votes on those five amend- chusetts as well as others. But of Mr. SPECTER. Mr. President, this ments. course, if he would like a chance to re- amendment is offered on behalf of Sen- I yield the floor. view it— ator LEVIN and will allow aliens of ex- The PRESIDING OFFICER (Mr. Mr. KENNEDY. I am sure I will not traordinary abilities who will represent CHAFEE). The Senator from Iowa. object, but just the way it was de- the United States at an international Mr. HARKIN. It is my intention now scribed, I didn’t understand it the way event to complete the citizen require- that I would speak for 15 minutes, at it had been explained to me. If the ment process in less time. which time I ask unanimous consent chairman would extend that oppor- The PRESIDING OFFICER. Is there that I be able to yield the floor and tunity, I would appreciate it. further debate on the amendment? Senator KENNEDY be recognized for 15 AMENDMENT NO. 2268 Mr. SPECTER. I understand this has minutes. Mr. SPECTER. Mr. President, I now been cleared, too, with Senator HAR- The PRESIDING OFFICER. Without call up amendment 2268. KIN. objection, it is so ordered. The PRESIDING OFFICER. Without Mr. HARKIN. Well, I understand. I Mr. HARKIN. Mr. President, earlier objection, the pending amendments are just hope the appropriate committee of today, on behalf of myself, Senators set aside. The clerk will report. jurisdiction has looked at it, too. KENNEDY, REID, DURBIN, OBAMA, BAYH, The legislative clerk read as follows: Mr. SPECTER. Mr. President, it has KOHL, MIKULSKI, CLINTON, JOHNSON, been represented that the appropriate DAYTON, and BYRD, I laid down an The Senator from Pennsylvania [Mr. SPEC- Senators have signed off. TER], for Mr. LEVIN, proposes an amendment amendment dealing with preparing this numbered 2268. Mr. HARKIN. I have no objection. country for an avian flu pandemic. The The PRESIDING OFFICER. The amendment that we laid down today Mr. SPECTER. Mr. President, I ask question is on agreeing to the amend- and that we will be voting on tomorrow unanimous consent that reading of the ment. will allow the United States to dra- amendment be dispensed with. The amendment (No. 2268) was agreed matically step up preparation for an The PRESIDING OFFICER. Without to. avian flu pandemic. objection, it is so ordered. AMENDMENT NO. 2260 Last month, I offered and the Senate The amendment is as follows: Mr. SPECTER. Mr. President, I am approved an amendment to the Defense (Purpose: To amend section 316 of the Immi- advised further that as to 2260, where appropriations bill that provided $3.9 gration and Nationality Act, to reduce the residency requirement and limit the adju- the Senator from Massachusetts had billion for preparation for such a pan- dication period for the naturalization of asked for some time to take a look at demic. At that time, there was some aliens with extraordinary ability so that it, we have his assent at this time. discussion as to why we were putting it such aliens may represent the United Mr. KENNEDY. No objection, Mr. on the Defense bill; it should go on the States at international events) President. Labor-Health and Human Services bill. At the appropriate place, insert the fol- The PRESIDING OFFICER. Amend- At that time, we didn’t even know if lowing: ment 2260 is the pending amendment. Is we would have this bill up. SEC. ll.(a) Section 316 of the Immigra- there further debate on the pending Well, the bill is in the Chamber, and tion and Nationality Act (8 U.S.C. 1427), is amendment? If not, the question is on this amendment appropriately belongs amended by adding at the end the following: agreeing to the amendment. on this legislative vehicle in our juris- ‘‘(g)(1) The continuous residency require- The amendment (No. 2260) was agreed diction. So the amendment that was ment under subsection (a) may be reduced to 3 years for an applicant for naturalization to. laid down that I offered earlier today is if— Mr. SPECTER. Mr. President, I ask essentially a more robust version of ‘‘(A) the applicant is the beneficiary of an unanimous consent that at 4:05, there that earlier amendment again based on approved petition for classification under be 10 minutes equally divided with re- more and better information we have section 204(a)(1)(E); spect to the two pending LIHEAP obtained since that time. ‘‘(B) the applicant has been approved for amendments, provided further that fol- There is a broad consensus in the sci- adjustment of status under section 245(a); lowing that time, the Senate proceed entific community as to the steps we and to vote in relation to the following need to take to get ready for a poten- ‘‘(C) such reduction is necessary for the applicant to represent the United States at an amendments: Senator REID, 2194; Sen- tial pandemic. Reflecting that sci- international event. ator GREGG, 2253 as modified; Senator entific consensus, the amendment we ‘‘(2) The Secretary of Homeland Security DODD, 2254; Senator CLINTON, 2292; Sen- have laid down will do four broad shall adjudicate an application for natu- ator COBURN, 2232; provided further things.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23714 CONGRESSIONAL RECORD—SENATE October 26, 2005 First, as our first line of defense, it nesia and in Japan and in the Phil- Some say it would take many years will dramatically step up international ippines, in China, in Russia. It is only to produce a non-egg-based, cell-based surveillance of avian flu outbreaks a matter of time before these migra- production capacity. I don’t accept overseas. tory birds cross paths and the avian flu that. This is a matter of incredible ur- Second, it will ramp up our vaccine is now in Canada and the United States gency. We have to do better, and we production infrastructure here in the and South and Central America. can do better. Our goal should be to United States. This is a virulent form of flu. One have research and production capacity Third, it will give us the resources to hundred percent of the birds, the chick- to isolate a virus, convert it to a vac- build up stockpiles of vaccines that are ens and the birds that have gotten this cine, produce enough vaccine for nearly currently believed to be effective have died, 100 percent. Fifty percent of 300 million Americans, and do it within against the flu as well as building up the humans who have come down with 6 to 9 months. Right now we are a long stockpiles of antiviral medications. avian flu have died. Now, thus far we way from reaching that goal. This Fourth, it will strengthen our public only know of one case, one certified amendment we have offered will put health infrastructure at the Federal, case where the flu virus has gone from the money forward to get that process State, and local level, which today is a human to a human. Only one case. moving rapidly to develop cell-based simply not equipped to cope with a But that has warned us that it is capa- technology for the production—the major pandemic. ble of doing so. rapid production—of vaccines in this Now, it is not sustained, it is not Some have suggested that we be pa- country. tient, that we wait for the administra- widespread, but scientists tell us it is Third, as I mentioned, we need an ag- tion to put forward a plan to fight only a matter of time. And we do not gressive program of purchasing and avian flu, but we have already waited know how much time we have. We stockpiling vaccines and antivirals. know as we say it has killed 50 percent too long as a nation. We have been Unfortunately, the United States is of the individuals it infected. A night- warned now for almost 8 years to get way behind. I am indebted to Senator mare scenario, a kind of 21st century ready. KENNEDY for producing this chart. I Black Death is not difficult to picture. We had been warned about a lot of want to show it here. The World Health Indeed, most experts say it is not a other things. We were warned for years Organization a few years ago suggested matter of if but when. So we have to that the levees in New Orleans would that countries stockpile at least 25 per- ask some tough questions now: Where fail in the case of a major hurricane. cent antivirals to cover their popu- do our preparedness efforts stand? Can Yet the Federal Government did not do lation. Look what some other coun- anything. And the Federal Government we do better? First, look at global surveillance. tries did: Australia, 20 percent; Britain, has not come forward with any action The Centers for Disease Control is 25 percent; France, 25 percent; Japan, plan now regarding the avian flu pan- doing a great job working in concert 17 percent; the United States, 1 per- demic possibility. Even within the last with the World Health Organization cent. We only have enough antivirals year, as the threat of this pandemic be- and governments in affected regions to to cover 1 percent of our people. It is comes more urgent and immediate, detect the disease and help stop its unconscionable. So we need to play there still is no plan. spread. This is our first line of de- catchup ball here also. We need to So today, with the alarm bells ring- fense—surveillance and quarantine in stockpile—and that is what this ing at full volume, we in Congress can- the area in which it occurs. The sooner amendment will do—to provide the not in good conscience wait any longer. we can identify it and quarantine it, funds to begin to ramp up the produc- We need to act. If the administration the better off we will be. To put it in tion of these antivirals. offers a plan at a later date, that is other terms, better to find H5N1 over Roche is a drug company. I met with fine. We will almost certainly include there than home. them. They publicly announced—they the basic elements encompassed here. The good news is we have experience. hold the patent; they produce most of We are all talking to the same people, The Centers for Disease Control and it overseas—they are willing now to let whether it is the Centers for Disease Prevention kept SARS from coming to other generic companies produce this Control and Prevention or NIH or the the United States with this procedure. under license to them. major drug companies. We know what But we do not have adequate personnel, We need to get the money out there we have to do. So if we take action now we do not have the resources in place right now to buy them from those com- in this appropriations bill with the in other countries to make sure that panies so they can start producing the amendment we have offered, then we we detect as rapidly as possible an out- antivirals now. Not next year; now. will have already passed an appropria- break of avian flu. We can and we must That is what this amendment provides. tion, we will not have lost any time, do better to protect our people. Fourth, and last, public health infra- and we will be able to go forward as Second, the status of our capacity to structure. Right now our public health rapidly as possible. produce vaccines in the United States, infrastructure is simply not capable of There is no question the United unfortunately, is all bad news. It is as- dealing with either a bird flu pandemic States right now is woefully unpre- tonishing when we tell people we only or even an act of bioterrorism. Even if pared for a major outbreak of human- have one plant in America capable of we had an adequate stock of vaccines to-human transmitted avian flu. We producing flu vaccines. And that plant or antivirals, what good does it do if we have already had two disasters. We had uses an egg-based technology. Right don’t have the public health infrastruc- 9/11, we had Katrina, we were unpre- now, in the event of a worldwide pan- ture to identify, isolate, and deliver pared for both despite clear warnings demic, the United States would have to the antivirals and the vaccines? that we had. rely on imported vaccines, vaccines Again, the President’s budget this Similarly, we have been warned in no that other countries might not be will- year cut $120 million from State public uncertain terms about avian flu, but ing to send to us. After all, the first re- health agencies. This amendment does our preparations are inadequate. As sponsibility of any government is to not just restore that. We need to do a many of my colleagues know, avian flu, protect its own people, and if this pan- lot more than that. We need to make or H5N1 as it is called in the scientific demic starts, every government is major new investments. We need to community, has passed from bird to going to want to protect its own people hire more public health professionals— bird. What started in a small area of first. So we are vulnerable. We are epidemiologists, physicians, lab techni- Southeast Asia has now extended we playing catchup ball. We need to help cians, and others. know to as far away as Greece, Turkey, private industry develop more vaccine We also need to dramatically in- and Romania. Recently, one bird in manufacturing capacity, and we need crease the surge capacity of hospitals. Great Britain died and was examined to do it in a way in which we can As Dr. Rick Blum, the president of the and found to have H5N1. We know that produce enough vaccine rapidly to deal American College of Emergency Room the avian flu has been detected in Indo- with a major outbreak. Physicians, recently said:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23715

We’ve pumped billions of dollars into pre- emergency. There is no doubt there committee, Senator ENZI, who always paredness since 9/11, but virtually none of ought to be planning now for this is tireless in his courtesies and his out- that has gone to the one place where we emergency. reach to the members of the committee know 80 percent of patients go first. What the proper figure is I don’t on his side as well as ours, and to Sen- The emergency room—if we have an know. That is a figure that would be ator BURR for working with us. I am avian flu pandemic, that is where peo- more within the scope of under- very hopeful that if we can schedule ple will go. And most victims of avian standing, knowledge, and projection of and pass that legislation, and get this flu might need ventilators to help them the administration, and the experts at appropriation included today, we will, I breathe. Right now there are only CDC and NIH. believe, have the best of all worlds. 105,000 ventilators in the entire United I wanted to make those few com- Looking at this issue globally, there States, and three-quarters of them are ments. We are going to carry this over are various components. We have the in use on any given day. until tomorrow. I know the adminis- resource aspect of it, we have the pub- We have our work cut out for us. We tration will be aware of what is hap- lic health aspect of it, and then the as- face enormous technical and logistical pening on the floor today, and perhaps pect that is related to providing incen- challenges, and there is no time to that will motivate them or enable tives for the private sector. Hopefully, waste. The time for planning and plan- them to come forward to help us grap- we will deal with all of those before the ning and planning and planning is over. ple with this issue and find some real- end of the term. It is now time to act. This amendment istic and practical solution at this I believe strongly, as Senator HARKIN would provide, as I said, nearly $8 bil- time. pointed out, that we must take action lion for a comprehensive national ef- Mr. HARKIN. Mr. President, I appre- now on this legislation, to ensure that fort to prepare our people for an avian ciate my chairman’s remarks. I yield we’ll have sufficient resources to deal flu pandemic. I know that sounds like the floor. with the purchasing aspects and also a lot of money, but keep in mind, it is The PRESIDING OFFICER (Mr. the limited, but extremely important, less than 2 months of our expenditures COBURN). The Senator from Massachu- public health provisions which are in- on the war in Iraq. When this avian flu setts. cluded in this legislation. pandemic—I don’t say if; when. Sci- Mr. KENNEDY. I ask if the Chair will One provision provides for the global entists tell us it is not a question of if, be good enough to let me know when I detection of this pandemic, as well as it is a question of when. When it hits, have 3 minutes remaining. domestic detection, should it come to we have to be ready to protect our peo- The PRESIDING OFFICER. The the United States. It also provides the ple. That is what this amendment does. Chair will so notify the Senator. resources to contain and respond to the Again, I hope as we move forward we WAGE PROTECTIONS danger by improving surge capacity, can get this amendment adopted and Mr. KENNEDY. Mr. President a few and developing an overall plan so we get the money out there. It does not moments ago, as I understand, the are able to effectively deal with this have to be spent now. It is at the Sec- President of the United States reversed issue. retary’s discretion, but at least it is his course on the incredibly damaging We have been on notice for years. there and they can move on it rapidly decision to suspend wage protections This chart is going to be difficult to to do what we all know is necessary to for workers rebuilding the Gulf Coast read for those viewing: ‘‘The U.S. protect our people in this country. after Hurricane Katrina, known as the missed the warning signs of the flu I have used my 15 minutes. I want to Davis-Bacon provisions. These are the pandemic.’’ In 1992, the Institute of reserve 15 minutes for Senator KEN- prevailing wage provisions, the age-old Medicine pointed out: NEDY. policy that the Government should not Policymakers must realize and understand Mr. SPECTER. Mr. President, if I drive wages below the prevailing wage the potential magnitude of an influenza pan- may be recognized very briefly. I know in a particular community. demic. the remainder of the time is reserved The prevailing wage for construction This is when we began to detect the for Senator KENNEDY. We are 16 min- is $8 in Mississippi, $9 in Alabama, and dangerous indicators of this pandemic: utes away from 4:05 p.m. $10 in Louisiana. That would work out In 1997, there was an outbreak in Mr. HARKIN. I yield the floor. to $16,000, $18,000, $21,000 a year as the Hong Kong. Mr. SPECTER. Mr. President, I wish prevailing wage. That’s not too much In November 2000: to make a comment or two. I commend for workers who are trying to rebuild Federal and State influenza plans do not the Senator from Iowa for his foresight their homes and rebuild their lives. address the key issues surrounding the pur- on moving ahead on the pandemic I applaud the decision the President chase and distribution of vaccines and issue. He and I have been discussing it has made on that issue. antivirals. for several days. I think it is difficult AMENDMENT NO. 2283, AS MODIFIED This comes from a GAO report which to proceed without knowing what the Mr. KENNEDY. Mr. President, before found that very few States have made administration’s plans are. speaking on the current Harkin amend- the kind of downpayment that is re- As the Senator from Iowa correctly ment, which I strongly support for the quired to protect individuals from this notes, action has to be taken. When the reasons I will outline, I want the Sen- pandemic. administration decides on a plan and ate to know that our HELP Com- Again, in May 2002, according to the picks a figure, there is going to have to mittee, under the chairmanship of Sen- World Health: be congressional action, and we are ator ENZI, and the subcommittee, Authorities must understand the potential nearing the end of this session. A sup- under the chairmanship of Senator impact and threat of pandemic influenza. plemental or an emergency appropria- BURR, has been working on this issue, Then in December of 2003, there was tions bill is always difficult to struc- but from a different angle. an outbreak in South Korea. ture. So there are sound reasons to Right now we need appropriations, In January 2004, there was an out- take a look at it now and make some which are included in the Harkin break in Vietnam. judgment. amendment. And we will also con- The reason the World Health Organi- We have been in touch with the sider—hopefully favorably—the Burr- zation and the European Union have White House on a number of occasions Enzi legislation, which deals with a been so concerned about this is because to try to find out what the position is range of issues involving patent, com- of the danger of this particular flu of the administration. So far they are pensation, and liability issues that are strain. unprepared to give us an answer. We all related to encouraging companies This chart indicates the death rate are working to see if it is possible to to enter the market. from this flu strain. In Cambodia, it structure an appropriation, subject to These are different approaches, and has been 100 percent; in Thailand, 71 the Secretary’s discretion, and how it each is enormously important in its percent; in Vietnam, 44 percent; an will be in consultation and would be an own way. I thank the chairman of my overall average of 50 percent. We are

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23716 CONGRESSIONAL RECORD—SENATE October 26, 2005 talking about dozens of cases, not hun- being made? It outlines all of the prep- I reserve the remainder of my time. dreds, not thousands, not millions. But arations that are being made. What The PRESIDING OFFICER. The Sen- if this strain mutates and easily needs to happen in a comprehensive re- ator from New Hampshire. spreads human-to-human, we are talk- sponse? It outlines all of those. What Mr. GREGG. Mr. President, I ask ing about potentially a great threat. will be involved in a recovery from a unanimous consent at this time that I know the Senator from Iowa, my- pandemic? It has an entire section, all my amendment, which is the second self, Senator REID, our leader, Senator outlined here. amendment to be ordered, be called up OBAMA, and Senator DURBIN are frus- Where is the United States? Where is and that the other amendments be set trated about this issue. our response? The USA is the big ques- aside so I can modify my amendment. This is a General Accounting Office tion mark, and that is what we find un- The PRESIDING OFFICER. Without report that was published in October acceptable. That is why the Harkin objection, it is so ordered. 2000, ‘‘Influenza Pandemic. Plan needed amendment is important to adopt. It AMENDMENT NO. 2253, AS MODIFIED for Federal and State response.’’ has provisions dealing with antivirals Mr. GREGG. I send a modification to and vaccines; it has the needed global The General Accounting Office re- the desk. interventions; and it has the detection viewed what the needs were and sug- The PRESIDING OFFICER. Is there needed here in the United States. It gested to Congress and the Administra- objection to the modification? has the surge capacity and public tion that we respond. Five years later, Without objection, the amendment is health provisions that need to be ex- we are finally getting some action on so modified. panded. Senator BURR indicated that the floor of the Senate. The amendment (No. 2253), as modi- hearings on public health provisions In this chart, we can see what has fied, is as follows: happened in other countries. In com- will take place after we pass this legislation, which is all well and good. But (Purpose: To increase appropriations for the parison, the U.S. stockpile of antiviral Low-Income Home Energy Assistance Pro- medicine is inadequate. Senator HAR- we need to act now. Each country with a national plan gram by $1,276,000,000, with an across-the- KIN pointed out what other nations board reduction) have done. This is a sample: Australia includes important public health components. We would not be meeting our On page 158, strike lines 12 through 21 and has antiviral medicine for 20 percent of insert the following: its population; Britain, 25 percent; responsibilities unless we did likewise. This proposal recognizes that we bus Budget Reconciliation Act of 1981, France, 25 percent; Japan, 17 percent; have a responsibility to move forward $3,159,000,000. and the United States, we only cover 1 For making payments under title XXVI of on this and provides the resources nec- percent of our population. the Omnibus Budget Reconciliation Act of essary to get started. This particular We are faced with whether we should 1981, $300,000,000, to remain available until proposal works to fulfill the rec- take action or not take action. expended: Provided, That these funds are for ommendations of the World Health Or- the unanticipated home energy assistance This is a list of the various countries ganization, with $3 billion for needs of one or more States, as authorized by that have developed nationwide plans: antivirals and $3 billion in vaccines. section 2604(e) of the Act: Provided further, Japan, October 1997; Canada, February There is flexibility in these allocations That the entire amount is designated as an 2004; Czech Republic, 2004; Hong Kong, and in the allocations for the public emergency requirement pursuant to section 2005; Britain in March of 2005. health provisions. 402 of H. Con. Res. 95 (109th Congress), the I point out the British plan, I am not concurrent resolution on the budget for fis- So I would hope very much that the cal year 2006. going to include it in the RECORD, but Senate would accept this. It is a mod- I will include it by reference. It is some est downpayment. As I mentioned, GENERAL PROVISION—REDUCTION AND RESCISSION 95 pages long. It sets the scene and pro- there are several aspects of the battle. vides the overall framework for the One certainly is the stockpiling of the SEC. ll. (a) Amounts made available in UK’s response to an influenza pan- this Act, not otherwise required by law, are vaccines and antivirals. It is enor- reduced by 0.982 percent. demic. It is based on the current advice mously important that the resources for national pandemic plans from the (b) The reduction described in subsection are there. A downpayment in terms of (a) shall not apply to amounts made avail- World Health Organization. The re- the public health is also very impor- able under this Act— sponse is divided into phases, starting tant. And we must provide incentives (1) for the account under the heading with work to be done before a potential for industry to encourage vaccine de- ‘‘LOW-INCOME HOME ENERGY ASSISTANCE’’; or pandemic emerges, followed by a step- velopment and production. That is fol- (2) for the account under the heading by-step escalating response to the pan- lowing along with the Enzi-Burr pro- ‘‘REFUGEE AND ENTRANT ASSISTANCE’’ (with demic. posal, and all of us owe a debt of grati- respect to amounts designated as emergency The plan goes on: requirements). tude to them. SEC. ll. (a) There is rescinded an amount Advanced planning is essential to establish The PRESIDING OFFICER. The Sen- equal to 0.981 percent of the budget author- and rehearse contingency arrangements and ator has 2 minutes 45 seconds remain- ity provided in any prior appropriation Act identify and address gaps in our preparedness ing. for fiscal year 2006, for any discretionary ac- so we are in the best possible position to Mr. KENNEDY. I thank the Chair. count described in this Act. manage the emergency and to ameliorate its We are all working together to have a (b) Any rescission made by subsection (a) impact. bipartisan proposal that we will be able shall be applied proportionately— On page 5, it talks about the various to act on. (1) to each discretionary account described aspects of the plans: communication, If we have positive action on the Har- in subsection (a) to the extent that it relates surveillance, information gathering, kin amendment, and a positive result to budget authority described in subsection the public health response, measures to on the Enzi-Burr proposal, at the end (a), and to each item of budget authority de- reduce the health impact, vaccination, scribed in subsection (a); and of this session, the Senate will have (2) within each such account or item, to health service response, civil contin- made a very strong downpayment in each program, project, and activity (as delin- gency, workforce education and train- preparing this Nation. We eagerly eated in the appropriation Act or accom- ing, essential preparatory work. All of await the administration’s proposal, panying report for the relevant fiscal year this outlined in the UK, in Great Brit- but quite frankly, I do not think we covering such account or item). ain. can delay any longer. (c) The rescission described in subsection Here is Canada’s plan. It is 87 pages Other countries have moved ahead. (a) shall not apply to budget authority pro- long. What does this plan address? This At this time, we have only stockpiled 1 vided as described in subsection (a)— is what they have: Who is responsible percent of the total amount of (1) for the account under the heading ‘‘LOW-INCOME HOME ENERGY ASSISTANCE’’; or for the pandemic planning? It lists antivirals that we will need. This is the (2) for the account under the heading those in charge. Why is this an impor- issue. Now is the time for action. I am ‘‘REFUGEE AND ENTRANT ASSISTANCE (with tant health issue? It outlines why it is very hopeful that this amendment will respect to amounts designated as emergency a health issue. What preparations are be accepted. requirements)’’.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23717 Mr. GREGG. I ask unanimous con- Appropriations Committee less than a should vote for my amendment because sent that we return to regular order. month ago. It is the exact amount that it is only going to take 51 votes to pass The PRESIDING OFFICER. Who the Senator from Maine asked of the it; whereas, the amendment from the seeks recognition? Appropriations Committee less than a other side will take 60 votes. There is now 10 minutes of debate month ago. It is the exact amount that Remember that the number I have equally divided on the LIHEAP amend- 41 other Senators sent a letter to the put into this amendment is the number ment. Who seeks time? Appropriations Committee and asked which was actually requested by the The Senator from Rhode Island. for relative to LIHEAP costs, low-in- sponsors of the first amendment, and Mr. REED. Mr. President, Senator come energy costs. therefore it is a reasonable number. It COLLINS and I have proposed an amend- Why was that amount chosen? It was is not an arbitrary number. It is a ment that would raise LIHEAP funding not picked out of the air. It was chosen number that makes sense. to a total of $5.1 billion. That is abso- because that is the amount necessary I reserve the remainder of my time. lutely necessary as we approach the in order to hold harmless the various The PRESIDING OFFICER. Who winter with rising fuel prices, rising low-income energy programs across seeks recognition? natural gas prices. Our amendment will this country, in order to cover the There is 2 minutes 49 seconds remain- help all States. I want to make it very costs of the increase of fuel oil esti- ing. clear all of our funding goes into the mated in September, which was actu- The Senator from Iowa. State block grant program, so no State ally at a higher cost level than today. Mr. HARKIN. Mr. President, I thank will be disadvantaged. So this actually will represent more the Senator from Rhode Island for My colleague from New Hampshire money than is necessary in order to yielding a couple of minutes. has introduced a complementary keep these programs whole. It will ac- Here they go again. Every year, Sen- amendment that does not provide, in tually represent additional money. It ators on that side of the aisle say they my view, sufficient funding. At his represents over a 48-percent increase in want to increase funding for LIHEAP level of funding, States such as Min- funding. That is a rather dramatic in- and other things, but they want to nesota, Washington, and Wisconsin will crease. take it out of other programs. These receive no new money. I think that is In addition, this amendment that I amendments are phony. These across- unfortunate because those States and have proposed is paid for. Our job the-board cuts will never get passed the citizens of those States deserve the should be to set priorities in this Con- into law. kind of support that will be necessary gress. We should say, what is the pri- My good friend from New Hampshire this winter. ority? Well, I happen to think one of says: Well, it is just 1 percent or just 2 Fifty-three Senators have already the priorities is making sure that sen- percent or whatever it might be. Let’s joined us to support the increase in ior citizens, people who live on fixed take a look at what the Senator from LIHEAP spending to the $5.1 billion incomes, low-income individuals who New Hampshire’s cuts really mean. He total mark. I hope they will continue are trying to heat their homes in this said it will not affect anybody. Well, it to support us. There is a second storm very difficult winter, with prices being is a .98-percent cut. That does not surge coming from Katrina, and that is high and with the winter already upon sound like much, but in terms of No rising energy prices that have over- us—at least in New Hampshire we had Child Left Behind, it means that 39,400 whelmed vulnerable families through- some significant snow yesterday—that kids will not be served by title I. I out this country. they will have the ability to have a guess they do not count. It means that In addition, my colleague from New program which covers those costs. But we will cut special education by $105 Hampshire is proposing to fund this we should pay for it. million. It means that 9,300 Head Start with an across-the-board cut. That What have I suggested? I have sug- kids will not get Head Start programs. across-the-board cut will disappear in gested a less than 1 percent cut across That is why this amendment is phony. conference. As Chairman SPECTER has the board in all the other programs in That is why we have to adopt the Reed pointed out, this bill is bare bones. this bill. That is the logical and appro- amendment. When the conferees arrive and look at priate way to pay for this increase in Again, the Senator from New Hamp- the funding for Head Start and look at funding which is needed, an increase shire always said he wanted to increase funding for other critical programs, I which is the exact amount of money funding for special education. Right do not think they are going to allow that was asked for by the Senator from now the Federal Government is paying this supposed increase in LIHEAP Rhode Island, the Senator from Maine, 18.6 percent of the excess costs of spe- funding. Also, we are paying for this and other Senators who felt the need, cial education. We are supposed to go LIHEAP increase by taking away valu- as I do, for a commitment in this ac- to 40 percent. Under Senator GREGG’s able programs: 37,000 students in title I count. amendment, the share will drop to 17.8 will be denied services because of these So it is a reasonable step. My bill is percent. We will go in the wrong direc- cuts. We are going to reduce IDEA a reasonable action. I would also note tion. So we will never reach the goal of spending. We are going to reduce Head one other thing. The Senator from full funding for special education if we Start spending. We are essentially rob- Rhode Island and the Senator from adopt the amendment of the Senator bing Peter to pay Paul, taking from Maine have offered an amendment from New Hampshire. So do not be some who need to give to others who which because it is so over the top fooled by these across-the-board cuts. need. That is not fair. It is not appro- from a budget standpoint, so outside It hurts people. It hurts poor kids. It priate and it is unnecessary. the budget structure which we have, is hurts special education. And it hurts This is an emergency. Just as the subject to a budget point of order. As title I kids. We do not want to hurt storm damage in the gulf was an emer- Budget chairman, I am fairly familiar them in order to give money for low-in- gency, this is an emergency. I urge sup- with these. come elderly so they can buy heating port of the Reed-Collins amendment Those budget points of order are put oil and pay their gas bills this winter. and opposition to the Gregg amend- in place to discipline ourselves, and of That is unfair. It is unconscionable. ment. course it is to set priorities. My The best way to go is to adopt the Reed I reserve the remainder of my time. amendment is not subject to a budget amendment. The PRESIDING OFFICER. Who point of order, an emergency point of I thank the Senator for yielding. seeks time? order. Mr. REED. I reserve the remainder of The Senator from New Hampshire. So let us remember that when we are my time. Mr. GREGG. First off, I would note voting on this, if my colleagues want The PRESIDING OFFICER. The Sen- that the amount that is in my amend- to have a realistic chance of getting a ator has 38 seconds remaining. ment is the exact amount which the significant increase in funding for the Who seeks time? There is 1 minute 31 Senator from Rhode Island asked of the low-income energy program, they seconds remaining.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23718 CONGRESSIONAL RECORD—SENATE October 26, 2005 The Senator from Pennsylvania. about offsets; we think about that Crapo Hagel Nelson (NE) Mr. SPECTER. Mr. President, it is in when we are providing tax cuts for very DeMint Hatch Roberts Dole Hutchison Shelby order to raise a point of order as to the wealthy Americans. Domenici Inhofe Stevens Reed amendment. Since I have spoken I urge passage of Reed-Collins and Ensign Isakson Thomas in favor of it, I ask my colleague, Sen- the rejection of the Gregg amendment. Enzi Kyl Thune Frist Lott ator CRAPO, to raise the technical point The PRESIDING OFFICER. The Sen- Vitter Graham Martinez Warner of order. ator from Idaho is recognized. Grassley McCain The PRESIDING OFFICER. The Sen- Mr. CRAPO. Mr. President, pursuant Gregg McConnell ator from Idaho is recognized. to section 402 of H. Con. Res. 95 of the NOT VOTING—3 Mr. CRAPO. Mr. President, pursuant 109th Congress, I make a point of order Corzine Murkowski Sessions to section 402 of H. Con Res. 95 of the against the emergency designation The PRESIDING OFFICER. On this 109th Congress— contained in the amendment. vote, the yeas are 54, the nays are 43. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- ator will cease. A budget point of order ator from Rhode Island. sen and sworn not having voted in the has to be raised at the conclusion of de- Mr. REED. I move to waive the appli- affirmative, the motion is rejected. bate. It cannot be raised at this time. cable section of that act for the pur- The point of order is sustained, and the Mr. CRAPO. I will withhold. poses of the pending amendment. emergency designation is removed. The PRESIDING OFFICER. Who I ask for the yeas and nays. Mr. SPECTER. Mr. President, I move yields time? The PRESIDING OFFICER. Is there a Mr. GREGG. What is the time status? to reconsider the vote, and I move to sufficient second? There appears to be The PRESIDING OFFICER. There is lay that motion on the table. a sufficient second. 1 minute 5 seconds left to the Senator The motion to lay on the table was The yeas and nays were ordered. from New Hampshire, 38 seconds left to agreed to. The Senator from Pennsylvania. the Senator from Rhode Island. AMENDMENT NO. 2194, AS FURTHER MODIFIED Mr. GREGG. Mr. President, I will re- Mr. SPECTER. I remind all our colleagues, under the unanimous consent Mr. SPECTER. Mr. President, I raise spond briefly—because I only have a a point of order under section 302(f) of minute, I will have to do it briefly—to agreement, we are now going to proceed to have five rollcall votes. The the Congressional Budget Act that the the point of the Senator from Iowa. amendment provides budget authority What is happening is that we are sug- first will be 15 minutes and 5, the other four will be 10 and 5. Pursuant to our outlays in excess of the subcommit- gesting that we should put approxi- tee’s 302(b) allocation for fiscal year mately a $3 billion hole in the budget arrangements, the time limits will be enforced. 2006, and it is not in order. to pay for heating costs. Who is going The PRESIDING OFFICER. The to pay for that? Who is going to pay for The PRESIDING OFFICER. The question is on agreeing to the motion. point of order is sustained. The amend- it if we do not set the priorities here ment falls. and offset the costs? I will tell you who The yeas and nays have been ordered. The clerk will call the roll. Mr. SPECTER. Mr. President, we is going to pay for it—our children are, were 3 minutes over on that vote. We because we have to go out and borrow The assistant legislative clerk called the roll. will try to hold this next vote in line that $3 billion. So what we are essen- with 15 minutes, as the unanimous con- tially saying is we are going to take $3 Mr. MCCONNELL. The following Sen- ators were necessarily absent: the Sen- sent agreement provided a 10-minute billion from our children to pay for vote with an additional 5 minutes. heating costs this winter for seniors ator from Alaska (Ms. MURKOWSKI) and and other people who are on fixed in- the Senator from Alabama (Mr. SES- AMENDMENT NO. 2253 comes. We should be responsible for SIONS). We are now proceeding to vote on that here this year, not be passing it on Further, if present and voting, the Gregg amendment No. 2253. to the next generation to pay that cost Senator from Alaska (Ms. MURKOWSKI) The PRESIDING OFFICER. There is through a debt, financing it through would have voted ‘‘yea.’’ now 2 minutes of debate equally di- debt. Mr. DURBIN. I announce that the vided on the Gregg amendment. Clearly, offsetting this spending Senator from New Jersey (Mr. CORZINE) The PRESIDING OFFICER. The Sen- makes sense, and my amendment does is necessarily absent. ator from New Hampshire. exactly that. It offsets it in a reason- The yeas and nays resulted—yeas 54, Mr. GREGG. Mr. President, I simply able way, less than a 1-percent across- nays 43, as follows: note that this amendment increases the-board cut, less than 1 percent in The result was announced—yeas 54, the funding for the low-income assist- order to fund a very important pro- nays 43, as follows: ance program by $1.27 billion, which is gram, increase funding for a very im- [Rollcall Vote No. 270 Leg.] the number 41 Senators asked for the portant program to assist seniors and YEAS—54 amount of increase. That means the other folks who are on fixed incomes Akaka Feingold Nelson (FL) program will effectively have been in- and low incomes. Baucus Feinstein Obama creased by about 48 percent. It will The PRESIDING OFFICER. The Sen- Bayh Harkin Pryor allow for the program to be held harm- Biden Inouye Reed less, and, in fact, it will probably put ator from Rhode Island is recognized. Bingaman Jeffords Reid Mr. REED. Mr. President, quickly, Boxer Johnson Rockefeller extra money into the program beyond Senator COLLINS and Senator GREGG Byrd Kennedy Salazar holding it harmless. and I are trying to put more money in Cantwell Kerry Santorum In addition, this is paid for, so we are Chafee Kohl Sarbanes the State block grant program. Mr. Clinton Landrieu Schumer setting priorities. We are not passing President, $1 billion will not provide Coleman Lautenberg Smith this additional spending on to our chil- assistance in many States that need it Collins Leahy Snowe dren through debt, which means it is Conrad Levin Specter not subject to a point of order. now, Wisconsin and other States that Dayton Lieberman Stabenow are going to see a very difficult winter. DeWine Lincoln Sununu In addition, it is the responsible way Only by supporting our amendment Dodd Lugar Talent to approach this. As a practical mat- will we reach all the States, all the Dorgan Mikulski Voinovich ter, if you expect to increase the fund- Durbin Murray Wyden people who need it. These cuts, as Sen- ing for low-income assistance pro- ator HARKIN suggested, are illusory; NAYS—43 grams, this will be your best vote to do they will not be made. Frankly, I don’t Alexander Brownback Chambliss it because this will only take 51 votes; think it is appropriate, when we are Allard Bunning Coburn the other votes took 60. Allen Burns Cochran trying to help poor people in the win- Bennett Burr Cornyn The PRESIDING OFFICER. The Sen- tertime to heat their homes, we think Bond Carper Craig ator from Rhode Island.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23719 Mr. REED. Mr. President, the Gregg Snowe Stabenow Vitter [Rollcall Vote No. 272 Leg.] amendment would appropriate $1.2 bil- Specter Talent Wyden YEAS—47 lion into the State block grant pro- NOT VOTING—1 Akaka Durbin Lugar gram for LIHEAP. That would mean, Corzine Baucus Feingold Mikulski because of the arcane nature of the for- Bayh Feinstein Murray The amendment (No. 2253), as modi- Biden Harkin Nelson (FL) mula, States such as Minnesota, Wash- fied, was rejected. Bingaman Inouye Obama ington, and Wisconsin will see no in- Boxer Jeffords Pryor AMENDMENT NO. 2254 crease, Iowa will have under a 3-per- Byrd Johnson Reed The PRESIDING OFFICER. There Cantwell Kennedy Reid cent increase, and Oregon has less than Carper Kerry will now be, by previous consent, 2 Rockefeller a 7.5-percent increase. Chafee Kohl Salazar minutes of debate equally divided on Clinton Landrieu In sum, the States that need this Sarbanes the Dodd amendment. Collins Lautenberg help right away, the cold-weather Schumer The Senator from Connecticut. Dayton Leahy States, will see little help from the Snowe Mr. DODD. Mr. President, we dis- DeWine Levin amendment. Dodd Lieberman Stabenow cussed this amendment sometime ago. Wyden Moreover, his amendment is funded Dorgan Lincoln In the past, I have offered amendments by cutting valuable programs—Head NAYS—52 to fully fund Head Start. This amend- Start, education for disabled Ameri- Alexander Dole Murkowski ment does not do that. This amend- cans, a host of programs—that cannot Allard Domenici Nelson (NE) ment adds $153 million specifically to Allen Ensign be made up. Roberts deal with the inflation that will affect Bennett Enzi Santorum As our chairman and ranking mem- Bond Frist the cost of the 19,000 Head Start Pro- Sessions ber said, this amendment probably will Brownback Graham Shelby grams across the country. be disregarded in conference because Bunning Grassley Smith There are 900,000 children in Head Burns Gregg Specter they will not fund but be taking away Burr Hagel Start. If this amendment is not adopt- Stevens Chambliss Hatch what very little exists already—title I, Sununu ed, the estimates are that 20,000 to Coburn Hutchison Head Start, and a host of other pro- Talent 25,000 children will be dropped from the Cochran Inhofe grams. Thomas Head Start Program across our coun- Coleman Isakson I urge my colleagues to reject this Conrad Kyl Thune try. amendment. We will try again for a Cornyn Lott Vitter We all know that a Head Start child Voinovich real LIHEAP amendment. Craig Martinez is more likely to finish school, less Crapo McCain Warner Mr. GREGG. I ask for the yeas and likely to end up in the juvenile justice DeMint McConnell nays. system, less likely to be a substance NOT VOTING—1 The PRESIDING OFFICER. Is there a abuser, less likely to become a teenage Corzine sufficient second? parent. We know it is not perfect, but The PRESIDING OFFICER. On this There is a sufficient second. The yeas after 40 years, Head Start works. This vote, the yeas are 47, the nays are 52. and nays were ordered. is not to expand the program, but let Three-fifths of the Senators duly cho- The PRESIDING OFFICER. The leg- us not lose the children today who are sen and sworn not having voted in the islative clerk called the roll. part of that program. affirmative, the motion is rejected. Mr. DURBIN. I announce that the I urge the adoption of this amend- The point of order is sustained and the Senator from New Jersey (Mr. CORZINE) ment. amendment falls. is necessarily absent. The PRESIDING OFFICER. Who The Senator from Michigan. The PRESIDING OFFICER. Are there seeks recognition? ROSA PARKS FEDERAL BUILDING any other Senators in the Chamber de- The Senator from Pennsylvania. Ms. STABENOW. Mr. President, I ask siring to vote? Mr. SPECTER. Mr. President, the unanimous consent that the Senate The result was announced—yeas 46, Head Start Program is very valuable. proceed to the immediate consider- nays 53, as follows: It has received priority attention from ation of Calendar No. 260, S. 1285, a bill [Rollcall Vote No. 271 Leg.] our subcommittee. We more than dou- to designate the Federal building lo- YEAS—46 bled Head Start between fiscal year cated at 333 Mt. Elliott Street in De- troit, MI, as the ‘‘Rosa Parks Federal Alexander DeWine McCain 1994 and fiscal year 2004. Regrettably, Allard Dole McConnell there are no funds to stretch further. Building.’’ Rosa Parks passed away Allen Domenici Murkowski If the Senator from Connecticut had this past Monday at the age of 92, one Bennett Ensign Roberts an offset, wanted to discuss priorities, of the giants in American history. It is Bond Enzi Santorum Brownback Frist I would have been glad to do that. But very fitting that we pass this bill nam- Sessions ing this building. I ask that the bill be Bunning Graham Shelby we have to stay within the budget. Burns Grassley Smith Therefore, with great reluctance, I read three times, passed, and the mo- Burr Gregg Stevens tion to reconsider be laid on the table Chambliss Hagel have raised the point of order. Sununu Coburn Hatch Mr. President, it should be noted without intervening action or debate. Thomas The PRESIDING OFFICER. The Sen- Cochran Hutchison that the last vote was less than 13 min- Cornyn Isakson Thune ator from Virginia. utes. I would ask all of my colleagues Craig Kyl Voinovich Mr. WARNER. Mr. President, reserv- Warner Crapo Lugar to stay in the Chamber. We now have ing the right to object, I never thought DeMint Martinez another 10-minute vote, with a 5- I would see the day that I would stand NAYS—53 minute extension. to object to such a meritorious pro- Akaka Dorgan Lieberman I yield the floor. posal as my distinguished colleague Baucus Durbin Lincoln The PRESIDING OFFICER. The has offered. Bayh Feingold Lott question is on agreeing to the motion Mrs. Parks has been dead but 3 or 4 Biden Feinstein Mikulski to waive the Budget Act. The yeas and Bingaman Harkin days. For 3 years, I have been trying to Murray nays have been ordered. The clerk will Boxer Inhofe Nelson (FL) get the new courthouse annex here in Byrd Inouye Nelson (NE) call the roll. Washington, DC named for Judge Wil- Cantwell Jeffords Obama The assistant legislative clerk called liam B. Bryant. Judge Bryant is an Af- Carper Johnson Pryor Chafee Kennedy the roll. rican American. He is 94 years old. Let Reed Clinton Kerry Mr. DURBIN. I announce that the me tell you about this distinguished in- Reid Coleman Kohl Senator from New Jersey (Mr. CORZINE) Rockefeller dividual. Born in Alabama—— Collins Landrieu is necessarily absent. Mr. SPECTER. Mr. President, reg- Conrad Lautenberg Salazar Dayton Leahy Sarbanes The yeas and nays resulted—yeas 47, ular order. I hate to interrupt my col- Dodd Levin Schumer nays 52, as follows: league from Virginia, but we have a

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23720 CONGRESSIONAL RECORD—SENATE October 26, 2005 unanimous consent request to proceed this body the simple question, why is one of the great civil rights leaders of with—— she more deserving today than she was our time, a great heroine who has now Mr. WARNER. I reserved the right to last week? passed away at the age of 92. She de- object, and I ask the respect of the Mr. REID. Mr. President, if the Sen- serves this recognition. I very much manager to allow me to state my case. ator will yield, I have been informed by hoped that we could have a unanimous I thank the distinguished Senator. the chairman of the committee, he has vote in support of honoring this very He graduated from Howard Univer- no objection to this. Senator STABENOW important woman. sity in 1936, classmate of Thurgood would agree to your amendment, that The PRESIDING OFFICER. Is there Marshall and Appellate Judge your judge be included in the resolu- objection to the unanimous consent re- Spotswood Robinson. He graduated tion. quest. from Howard Law School first in his Mr. WARNER. I thank my distin- Mr. INHOFE. I object. class and then, with no real opportuni- guished colleague. I send to the desk an The PRESIDING OFFICER. Objec- ties for African-American attorneys in amendment and ask if it would be in- tion is heard. the District of Columbia, served as cluded in the unanimous consent re- Mr. INHOFE. Mr. President, there is chief research assistant to Ralph quest. an easy way out of this. Let’s don’t Bunche, who later won the Nobel Prize. Ms. STABENOW. Yes, Mr. President. make it complicated. Let’s go ahead. From 1943 to 1947, he was in the Army I ask unanimous consent to modify my He will have an amendment to this bill, and rose to the rank of lieutenant colo- request to include the Warner amend- have a vote on that. I will record my- nel during World War II. He was a ment. self as voting no. It will pass. I am sure criminal defense attorney, Assistant The PRESIDING OFFICER. Is there it will pass. Everybody agrees, as far as U.S. Attorney, the first African Amer- objection? Judge Bryant and Rosa Parks are con- ican ever to be an Assistant U.S. Attor- Mr. INHOFE. Mr. President, reserv- cerned, that we want this to happen ney in the Nation’s Capital. I was privi- ing the right to object, let me state the today. But I will object to that in leged to be in the U.S. Attorney’s Of- position we have on the committee. I terms of UCing it. I want to have a fice during some of his tenure there have chaired this committee for 3 vote, and I will be recorded no. That and worked with him. He was a teacher years. As the distinguished Senator solves the problem. to me and many others. He was ap- from Virginia knows—he used to chair The PRESIDING OFFICER. The mi- pointed to the U.S. District Court in the same committee, as did the minor- nority leader. 1965. In 1977, he was appointed the first ity leader—we have a rule that we Mr. REID. If we had a voice vote, the African American to be chief judge of don’t name courthouses after anyone distinguished chairman of the com- the U.S. District Court. who is living. I am going to object to mittee could still be recorded as voting Now at the age of 94, Judge Bryant is this. However, if you want to have a no; is that correct? serving as a Senior Judge on the vote on this, I will record myself as op- The PRESIDING OFFICER. That is United States District Court for the posing it because I am not going to correct. District of Columbia. This man, like break the record. I think it is a good Mr. WARNER. If I understand, has Rosa Parks, suffered from discrimina- rule to keep. That is my position. the Senator amended her request to ac- tory practices and persevered, there- The PRESIDING OFFICER. Is there cept my amendment? fore breaking new ground for African- objection? Ms. STABENOW. Yes, I did do that. Americans to come. When he first The Senator from Missouri. There was an objection to that. So I re- began trying cases as an Assistant U.S. Mr. BOND. Reserving the right to ob- newed my unanimous consent request Attorney in 1951 the Bar Association of ject, Mr. President, the Rosa Parks for the Rosa Parks Federal Building. D.C. did not allow African-American naming and the Bryant naming are Mr. WARNER. I have to object if the members. William Bryant, while trying very important measures. I would sup- Warner amendment is not included in cases in District Court was unable to port both of them. But I believe as long the unanimous consent agreement. access the law library at the Court- as we have this rule in the committee, Ms. STABENOW. I will be happy to house like his white colleagues. De- unless the committee will change the include a revised unanimous consent spite the obstacles, William Bryant rule, I would be happy to join with my for Senator WARNER. succeeded. colleague from Virginia in suggesting a Mr. REID. She has included yours. Over the years this man has been a change in the rule to permit—— Mr. WARNER. Fine. I thank the Sen- fixture at that courthouse, first trying Mr. WARNER. If I could ask my dis- ator. cases, and for the past 40 years, hearing tinguished colleague, were you not Mr. DOMENICI. Reserving the right them as a judge. The D.C. Bar and his faced with the same dilemma several to object, I will not object, but I want colleagues have unanimously endorsed years ago and managed to get a court- to say, this debate has everybody on the legislation I offer today as a trib- house named for a sitting judge in your this floor thinking about what is going ute to this man’s truly extraordinary State by action of the Appropriations on with reference to other things being life, legendary career, and service to Committee? held up by this Senate on holds that we this nation’s judicial system. Mr. BOND. What was the judge’s don’t even know the name of the per- However, there are rules in the Envi- name? son holding them. This is not this ronment and Public Works Committee Mr. WARNER. I have talked to the issue, but there are many of them. I which do not permit courthouses to be Administraive Office of the Courts, and have the Deputy Secretary of Interior named for living or sitting judges. But I will get that answer to the Senator. for 7 months waiting to be confirmed, it is interesting, before the current Mr. BOND. I must renew my objec- and there is some hold somewhere. I Chairman of the Committee took over, tion. I look forward to a discussion think we ought to all begin to under- the rule was waived in certain cases. I with the distinguished Senator from stand that that has to stop. Today re- am aware of more than 20 instances Virginia. minds me that I am going to be looking when this discretion was used to name The PRESIDING OFFICER. Is there at it, and perhaps I will stop every bill Courthouses for living and sitting objection to the unanimous consent re- until we get some of these that are judges. As a matter of fact, I know of quest? being held up for no reason to be re- some instances where Members of this Mr. INHOFE. I object. leased. I hope this one succeeds. Chamber have gotten around the rule The PRESIDING OFFICER. Objec- Mr. SPECTER. Parliamentary in- by attaching naming resolutions to tion is heard. quiry. bills in other committees of the Sen- Ms. STABENOW. Mr. President, I The PRESIDING OFFICER. Is there ate. We can all agree that Rosa Parks renew my request to pass the Rosa objection to the request? is deserving of the recognition to have Parks Building designation. I renew Mr. SPECTER. Mr. President, are we a building named after her. Today I ask my request to pass that. Rosa Parks is considering the appropriations bill for

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23721 Labor-Health and Human Services- Mr. INHOFE. All right. Let’s do it by bill to name a Federal building in Education? voice vote. Michigan after Rosa Parks, a cherished The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The civil rights leader. I also commend the ator is correct. We are. We have a question is on passage of the bill, as efforts of Senator WARNER, who has unanimous consent request. amended. worked with me for the past 3 years to Mr. SPECTER. Are we under a unani- The amendment (No. 2330) was agreed name the new annex to the E. Barrett mous consent agreement binding this to, as follows: Prettyman United States Courthouse Senate to proceed with five consecu- (Purpose: To designate the annex to the E. in Washington, DC, the ‘‘William B. tive votes? Barrett Prettyman Federal Bui1ding and Bryant Annex.’’ The PRESIDING OFFICER. We are. United States Courthouse located at 333 Judge Bryant’s service to the United Mr. SPECTER. I was prepared to lis- Constitution Avenue Northwest in the Dis- States District Court for the District ten for a while. But this has gone on, trict of Columbia as the ‘‘William B. Bry- of Columbia is truly historic. He con- and we are having more collateral ant Annex’’) tinues to perform duties as a senior issues. I press my request for regular At the appropriate place, insert the fol- Federal judge at the age of 93. He began order. lowing: SEC. . (a) The annex, located on the 200 his legal career with the belief that The PRESIDING OFFICER. Is there block of 3rd Street Northwest in the District lawyers could make a difference in objection to the request for regular of Columbia, to the E. Barrett Prettyman eliminating the widespread racial seg- order? Federal Building and United States Court- regation in the United States. He be- Mr. REID. There is a unanimous con- house located at Constitution Avenue North- came a criminal defense lawyer in 1948, sent request pending before the Senate west in the District of Columbia shall be taking on many pro bono cases and was at this time. known and designated as the ‘‘William B. soon recognized by the U.S. Attorney’s Mr. INHOFE. I have already objected Bryant Annex’’. office for his skills as a defense attor- to the unanimous consent request. (b) Any reference in a law, map, regulation, document, paper, or other record of the ney. The U.S. Attorney’s office hired The PRESIDING OFFICER. There is United States to the annex referred to in sec- him in 1951 and he became the first Af- objection to the unanimous consent re- tion 1 shall be deemed to be a reference to rican American to practice in Federal quest. the ‘‘William B. Bryant Annex’’. court here in the District. Judge Bry- Mr. SPECTER. Parliamentary in- The bill (S. 1285), as amended, was ant was nominated by President John- quiry: Does a call for regular order re- read the third time and passed, as fol- son to the Federal bench in 1965 and be- quire unanimous consent? Regular lows: came the first African American Chief order means the order has been decided S. 1285 Judge for the United States District to proceed. I insist on the regular Court in DC. order. Be it enacted by the Senate and House of Rep- resentative of the United States of America in Naming the new annex to the E. Bar- The PRESIDING OFFICER. The Sen- Congress assembled, rett Prettyman Courthouse after Judge ator is correct. SECTION 1. DESIGNATION OF ROSA PARKS FED- Bryant is a fitting tribute to this dis- There are now 2 minutes of debate ERAL BUILDING. tinguished jurist. Much like Judge equally divided on the Clinton amend- The Federal building located at 333 Mt. El- Prettyman, Judge Bryant has had an ment No. 2292. liott Street in Detroit, Michigan, shall be illustrious career in public service and Mr. SPECTER. Mr. President, reg- known and designated as the ‘‘Rosa Parks on the bench. I thank my colleagues ular order. Federal Building’’. for honoring Judge Bryant’s service. SEC. 2. REFERENCES. The PRESIDING OFFICER. Who AMENDMENT NO. 2292 yields time on the Clinton amendment? Any reference in a law, map, regulation, The PRESIDING OFFICER. Who document, paper, or other record of the The minority leader. seeks time on the Clinton amendment? Mr. REID. Mr. President, I suggest United States to the Federal building referred to in section 1 shall be deemed to be The Senator from New York is recog- the absence of a quorum. a reference to the ‘‘Rosa Parks Federal nized. The PRESIDING OFFICER. The Building’’. Mrs. CLINTON. Mr. President, this clerk will call the roll. SEC. 3. DESIGNATION OF WILLIAM B. BRYANT next vote is to add $4 billion to the The legislative clerk proceeded to ANNEX. IDEA account. This amendment moves call the roll. The annex, located on the 200 block of 3rd us closer to that mandate imposed Mr. REID. Mr. President, I ask unan- Street Northwest in the District of Colum- upon school districts in 1975, a worthy imous consent that the order for the bia, to the E. Barrett Prettyman Federal and noble undertaking to ensure that Building and United States Courthouse lo- quorum call be rescinded. every child be given an appropriate The PRESIDING OFFICER. Without cated at Constitution Avenue Northwest in the District of Columbia shall be known and public school education. This amend- objection, it is so ordered. designated as the ‘‘William B. Bryant ment moves us closer to fulfilling what Mr. REID. Mr. President, I ask unan- Annex’’. Congress said it would do: provide 40 imous consent that Calendar No. 260, SEC. 4. REFERENCES. percent of the funding for special edu- the Rosa Parks Federal Building, be Any reference in a law, map, regulation, cation. This will help school districts read three times, passed, the motion to document, paper, or other record of the lower property taxes. It is the kind of reconsider be laid on the table, with United States to the annex referred to in sec- commitment we owe to children and the amendment to it affixing the Wil- tion 3 shall be deemed to be a reference to their parents and to relieve the bur- liam B. Bryant Annex to that. It is my the ‘‘William B. Bryant Annex’’. dens of taxpayers. understanding that this will be done by Mr. LEVIN. Mr. President, I move to Thank you, Mr. President. voice vote. Those who don’t like it can reconsider the vote. Mr. CARPER. Mr. President, the Sen- tell the Chair that, and it will be a no Mrs. BOXER. I move to lay that mo- ate is not in order. vote. I ask unanimous consent that tion on the table. The PRESIDING OFFICER. The Sen- this matter be called now. The motion to lay on the table was ator is correct. The Senate is not in The PRESIDING OFFICER. Is there agreed to. order. objection? Mr. LEAHY. Mr. President, Rosa The Senator from New York may Mr. REID. I ask for a voice vote, Mr. Parks and Judge William B. Bryant are continue. President. two venerable figures in our Nation’s Mrs. CLINTON. So, Mr. President, Mr. INHOFE. Mr. President, what I movement toward equality for all now that the Senate is in order, let me would like to do is urge the adoption of Americans. I am proud that the Senate just request that we pass this amend- the Warner amendment to the under- has taken the opportunity today to ment to add money to IDEA, which is lying bill. recognize and celebrate these two ex- something we all hear about every- Mr. REID. That is what I tried to do. traordinary individuals. I commend where we travel in our States to pro- That is what I did do. Senator STABENOW for introducing this vide necessary tax relief to property

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23722 CONGRESSIONAL RECORD—SENATE October 26, 2005 tax owners and provide the resources [Rollcall Vote No. 273 Leg.] State AIDS Drug Assistance Program that are needed for the special needs of YEAS—46 by cutting needed funding for the Cen- special education students. Akaka Feinstein Murray ters for Disease Control and Preven- The PRESIDING OFFICER. The Sen- Baucus Harkin Nelson (FL) tion, CDC. Bayh Inouye Nelson (NE) I have long supported, and will con- ator’s time has expired. Biden Jeffords Obama Mr. KOHL. Mr. President, I rise Bingaman Johnson Pryor tinue to support, increased funding for today in strong support of the Clinton Boxer Kennedy Reed the State AIDS Drug Assistance Pro- Byrd Kerry amendment. This amendment would Reid gram to assist those suffering from Cantwell Kohl Rockefeller Carper Landrieu HIV/AIDS in West Virginia and across fully fund IDEA for this year by adding Salazar Chafee Lautenberg $4 billion, the difference between the Sarbanes the Nation. However, I could not sup- Clinton Leahy Schumer port the Coburn amendment that amount appropriated in the Senate bill Collins Levin and this year’s authorization level. As Dayton Lieberman Snowe would have reduced funding to upgrade a proud co-sponsor, I am hopeful the Dodd Lincoln Stabenow and modernize the public health facili- Wyden Senate will act today to set IDEA on a Durbin Lugar ties at the Centers for Disease Control Feingold Mikulski path toward full funding. and Prevention in Atlanta, GA. NAYS—53 Despite substantial increases in The current facilities at the CDC are IDEA funding over the past several Alexander DeWine McCain in a state of extreme disrepair. This is Allard Dole McConnell years, the Federal Government has not unacceptable at a moment when we Allen Domenici Murkowski face a possible avian flu pandemic lived up to its commitment to pay for Bennett Dorgan Roberts 40 percent of the costs of special edu- Bond Ensign Santorum which could threaten millions of Amer- Brownback Enzi Sessions ican lives. The CDC serves on the cation. This is one of the top concerns Bunning Frist of educators in Wisconsin. As a result Shelby frontlines of our Nation’s defense and Burns Graham Smith Burr Grassley preparations for such a flu outbreak. of this funding shortfall, local school Specter Chambliss Gregg districts continue to devote a large Stevens Mr. KENNEDY. Mr. President, I rise Coburn Hagel Sununu in opposition to the amendment from part of their budgets toward special Cochran Hatch education, which makes it more dif- Coleman Hutchison Talent Senator COBURN. For five years now, ficult for them to adequately fund Conrad Inhofe Thomas this President and this Republican Cornyn Isakson Thune Congress have prioritized tax cuts for other vital education programs. This Craig Kyl Vitter problem has only gotten worse as fi- Crapo Lott Voinovich the rich at the expense of urgent na- nancially strapped States and local DeMint Martinez Warner tional priorities. It has left us with so governments are cutting funding for NOT VOTING—1 many unmet needs. education in order to balance their Corzine The amendment offered by Senator budgets. This amendment would pro- COBURN asks us to choose between two The PRESIDING OFFICER. On this vide much needed relief. My home vitally important national priorities— vote, the yeas are 46, the nays are 53. State of Wisconsin would benefit from protecting our national security or Three-fifths of the Senators duly cho- an additional $70 million in special providing increased assistance to peo- sen and sworn not having voted in the education funds. I urge my colleagues ple living with HIV and AIDS. We affirmative, the motion is rejected. to support this amendment, subse- shouldn’t have to do that, and a re- The point of order is sustained, and the quently making good on our commit- sponsible Congress wouldn’t force our amendment falls. hand. ment to special education students and Mr. SPECTER. I move to reconsider An epidemic of HIV and AIDS con- their teachers. the vote. tinues to ravage communities—espe- The PRESIDING OFFICER. Who Mr. HARKIN. I move to lay that mo- cially communities of color—across the yields time? The Senator from Penn- tion on the table. sylvania. The motion to lay on the table was country. Approximately 1 million indi- Mr. SPECTER. Mr. President, I con- agreed to. viduals live with the disease and they struggle every day to make ends meet cur with what the Senator from New AMENDMENT NO. 2232 and to afford the medical care, medi- York has said about the importance of The PRESIDING OFFICER. There cines, and other supports they need to special education, and I only wish our will be 2 minutes equally divided before live healthy and productive lives. allocation were larger so we could pro- a vote on the Coburn amendment No. vide for more money for special edu- 2232. The Federal AIDS Drug Assistance cation. Special education has received The Senator from Oklahoma. Program gives needy individuals the priority attention by the sub- Mr. COBURN. Mr. President, I have help they need. It is a vital part of our committee. In 1996, it was less than $3 an amendment that will transfer $60 safety net for people living with HIV billion; now it is more than $11 billion. million to save the lives of people who and AIDS, and it deserves more Federal We have to live within the budget as are infected with HIV. There is no support. enacted by the Congress, and that question where I get this money. It is a I look forward to working with Sen- means, regrettably, the point of order good goal. Enhancing the CDC, the ator COBURN soon on the reauthoriza- has been filed that it exceeds the budg- buildings, the development of that, is tion of the ADAP program as well as et limit, and I must therefore oppose all good. We have been on a fast track reauthorization of the other vital pro- the amendment and ask my colleagues to do that in 5 years. That ought to grams in the Ryan White CARE Act. to sustain the point of order. continue. We need to expand our commitment to I yield the floor. What I am saying with this amend- the whole of the CARE Act programs ment is, since this amount is eight so we can improve lives of people living The PRESIDING OFFICER. The with HIV and AIDS. question is on agreeing to the motion times what the President requested, we But this amendment isn’t the right to waive the Budget Act. Yeas and nays ought to put saving lives right now in approach. It is irresponsible and dan- have been ordered. The clerk will call this country at this time ahead of gerous. It proposes to increase funding the roll. speeding up buildings. If my colleagues agree with that, then they ought to be for the ADAP program by cutting our The legislative clerk called the roll. supporting this amendment. If they do investment in the Centers for Disease Mr. DURBIN. I announce that the not, do not support it. Control—the frontline Federal agency Senator from New Jersey (Mr. CORZINE) I reserve the remainder of my time. in the battle against bioterrorist is necessarily absent. Mr. BYRD. Mr. President, I will vote threats and avian flu that threaten the The yeas and nays resulted—yeas 46, against the Coburn amendment that health and safety of all Americans. In nays 53, as follows: would have increased funding for the the past they fought and protected us

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23723 from the SARS virus and their exper- to put anybody out of luck—we have The PRESIDING OFFICER. Who tise is often called upon to protect oth- invested a lot of money in the ADAP seeks time? ers across the world from Ebola and program, but it is not enough, and peo- The Senator from Washington. other deadly viruses. ple are dying every year in this coun- Mrs. MURRAY. Mr. President, earlier Senator HARKIN has outlined the try because we are not doing it. It is today I was on the floor and offered need for modern facilities for the CDC. time we should do it. amendment No. 2220 that was set aside. They cannot fight 21st century threats The PRESIDING OFFICER. The Sen- We were supposed to have a vote on in 20th century buildings. ator’s time has expired. that this evening. It was not in the It is wrong to cut $60 million from Mr. HARKIN. Parliamentary inquiry: queue. I ask unanimous consent that CDC construction appropriations at How much time remains? the vote on amendment No. 2220 occur this time when so many public health The PRESIDING OFFICER. Five sec- before the cloture vote tomorrow threats are converging on us and I urge onds. morning. all my colleagues to vote against the Mr. HARKIN. I ask for 5 seconds. The PRESIDING OFFICER. Is there Coburn amendment. To my colleague, we will be calling objection to the unanimous consent re- The PRESIDING OFFICER. Who up amendment No. 2259 later on to add quest? yields time in opposition? $74 million to the ADAP program, but Mr. LOTT. I object on behalf of the The Senator from Iowa. we will not take it out of CDC. That is chairman. Mr. SPECTER. Time is yielded to the the amendment we ought to vote for. The PRESIDING OFFICER. The ob- Senator from Georgia. The PRESIDING OFFICER (Mr. jection is heard. The PRESIDING OFFICER. The Sen- COBURN). The question is on agreeing What is the will of the Senate? ator from Georgia. to amendment No. 2232. The Senator from Illinois. Mr. CHAMBLISS. Mr. President, I Mr. SPECTER. I ask for the yeas and AMENDMENT NO. 2287 rise in opposition to this amendment. nays. Mr. DURBIN. Mr. President, on be- While I agree with the need to continue The PRESIDING OFFICER. Is there a half of Senator BOXER, I call up amend- to fight AIDS, the program to which sufficient second? ment 2287, which I will then set aside. this money is transferred—— There is a sufficient second. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Who The clerk will call the roll. objection, the pending amendments are yields time in opposition? The assistant legislative clerk called set aside. Mr. SPECTER. The Senator from the roll. The clerk will report. Georgia has the time. Mr. DURBIN. I announce that the The legislative clerk read as follows: Mr. HARKIN. Mr. President, I yield Senator from New Jersey (Mr. CORZINE) is necessarily absent. The Senator from Illinois [Mr. DURBIN], for to the Senator from Georgia. Mrs. BOXER, for herself and Mr. ENSIGN, pro- The PRESIDING OFFICER. The Sen- The result was announced—yeas 14, poses an amendment numbered 2287. nays 85, as follows: ator from Georgia. Mr. DURBIN. Mr. President, I ask Mr. CHAMBLISS. Mr. President, the [Rollcall Vote No. 274 Leg.] unanimous consent that the reading of fund to which Senator COBURN seeks to YEAS—14 the amendment be dispensed with. transfer this money is already funded Burr DeWine McCain The PRESIDING OFFICER. Without in this bill to the tune of almost $800 Chafee Ensign Smith objection, it is so ordered. million. It is not as if we are ignoring Coburn Feingold Stabenow Cornyn Grassley Wyden The amendment is as follows: the very noble issue he is seeking to Dayton Lugar (Purpose: To increase appropriations for improve, but the fact is that we em- NAYS—85 after-school programs through 21st century barked on a multiyear plan at the CDC community learning centers) Akaka Dorgan Mikulski to improve the quality of the buildings Alexander Durbin Murkowski At the appropriate place, insert the fol- where our most sophisticated and im- Allard Enzi Murray lowing: portant researchers and scientists Allen Feinstein Nelson (FL) SEC. ll. 21ST CENTURY COMMUNITY LEARNING work on critical issues. It is imperative Baucus Frist Nelson (NE) CENTERS. Bayh Graham Obama (a) FUNDING INCREASE.—In addition to that we continue with this plan. Bennett Gregg Pryor amounts otherwise appropriated under this I yield to my friend from Georgia for Biden Hagel Reed Bingaman Harkin Act, there is appropriated $51,900,000 for 21st the remainder of the time. Reid Bond Hatch century community learning centers under The PRESIDING OFFICER. The Sen- Roberts Boxer Hutchison part B of title IV of the Elementary and Sec- ator from Georgia. Brownback Inhofe Rockefeller Salazar ondary Education Act of 1965 (20 U.S.C. 7171 Mr. ISAKSON. Mr. President, with Bunning Inouye et seq.). Burns Isakson Santorum all due respect, this is not a choice of (b) OFFSET FROM TITLE I DEPARTMENTAL Byrd Jeffords Sarbanes putting buildings ahead of people or Cantwell Johnson Schumer MANAGEMENT.—The amounts appropriated people ahead of buildings. This is a Carper Kennedy Sessions under title I under the heading ‘‘DEPART- choice of maintaining the commitment Chambliss Kerry Shelby MENTAL MANAGEMENT’’ for salaries and ex- to save the lives of our children and Clinton Kohl Snowe penses shall be reduced by $51,900,000. Cochran Kyl Specter Mr. DURBIN. I ask unanimous con- grandchildren in the future against Coleman Landrieu Stevens pandemics and terrorist threats in the Collins Lautenberg Sununu sent that the amendment be set aside. future. Conrad Leahy Talent The PRESIDING OFFICER. Without Craig Levin The Senator from Oklahoma, well in- Thomas objection, it is so ordered. Crapo Lieberman Thune The Senator from New Mexico. tended, is wrong. I urge a ‘‘no’’ vote on DeMint Lincoln Vitter Dodd the Senator’s amendment. Lott Voinovich AMENDMENT NO. 2259 Dole Martinez Mr. COBURN. Mr. President, how Warner Mr. BINGAMAN. Mr. President, I call Domenici McConnell much time do I have remaining? up amendment No. 2259 for Senator The PRESIDING OFFICER. The Sen- NOT VOTING—1 SMITH and myself. ator has 25 seconds remaining. Corzine The PRESIDING OFFICER. Without Mr. COBURN. Mr. President, if you The amendment (No. 2232) was re- objection, the Clerk will report. have HIV today and you don’t have jected. The legislative clerk read as follows: health insurance and you are standing Mr. HARKIN. Mr. President, I move The Senator froom New Mexico (Mr. in line to get HIV retrovirus therapy to reconsider the vote. BINGAMAN), for Mr. SMITH and himself, pro- and heart therapy and they tell you Mr. DURBIN. I move to lay that mo- poses an amendment numbered 2259. they don’t have enough money, you are tion on the table. Mr. BINGAMAN. I ask unanimous out of luck. In this country, where we The motion to lay on the table was consent the reading of the amendment have invested so much in this disease, agreed to. be dispensed with.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23724 CONGRESSIONAL RECORD—SENATE October 26, 2005 The PRESIDING OFFICER. Without in science and technology can be lost The NAS report recommended that objection, it is so ordered. abruptly, and that once lost, it may be we strengthen the skills of 250,000 The amendment is as follows: very difficult to regain, if at all. teachers through training and edu- (Purpose: To provide funding for the AIDS The NAS report issued a number of cational programs. One of the critical Drug Assistance Program within the recommendations to strengthen the steps in reaching that goal is through Health Resources and Services Administra- economic security of this country. increased training for instructors in tion) Among the highest priorities, the NAS the Advanced Placement or Inter- At the appropriate place in title II, insert urged that we increase America’s tal- national Baccalaureate—AP–IB—Pro- the following: ent pool by vastly improving K–12 grams. NAS recommended that we SEC. ll. In addition to amounts provided mathematics and science education. train an additional 150,000 AP–IB and in this title for the AIDS Drug Assistance Program within the Health Resources and My amendment seeks to do that by in- pre AP–IB instructors to teach ad- Services Administration, there shall be ap- creasing funding available for advanced vanced courses in math and science. propriated an additional $74,000,000 for such placement programs. The FY 06 Labor-HHS-Education Ap- program. According to the NAS report, the propriations bill presents a critical op- Mr. BINGAMAN. Mr. President, I ask vast majority of students in this coun- portunity to begin implementing some unanimous consent that amendment be try will never take an advanced math of the recommendations. We must in- set aside. or science course while in high school. vest in the economic security of this The PRESIDING OFFICER. Without Evidence shows, however, that the in- great country. objection, it is so ordered. tensity and rigor of a student’s high This amendment seeks to increase funding for advanced placement pro- AMENDMENT NO. 2218 school coursework is directly related grams in the underlying bill by $18.5 Mr. BINGAMAN. Mr. President, I to the student’s success in college and beyond. Students who take a solid col- million, to a total of $51.5 million. This now call up amendment No. 2218. level of funding, which is the same as The PRESIDING OFFICER. Without lege prep curriculum are less likely to need remedial classes, and are more the level requested by the administra- objection, the clerk will report. tion, would help train additional AP–IB The legislative clerk read as follows: likely to earn a college degree. In fact, evidence shows that the in- teachers, and help more low-income The Senator from New Mexico [Mr. BINGA- tensity and quality of a high school students take AP–IB courses. MAN] proposes an amendment numbered 2218. curriculum is the greatest measure of NAS recommends we invest in excess Mr. BINGAMAN. I ask unanimous completion of a bachelor’s degree. Im- of $400 million to achieve these goals. consent the reading of the amendment portantly, studies also show that not Therefore, this amendment only re- be dispensed with. only do college-bound students benefit sents a down payment, however, to- The PRESIDING OFFICER. Without from rigorous courses, but that all stu- ward meeting the committee’s rec- objection, it is so ordered. dents benefit from more rigorous ommendation, but would demonstrate The amendment is as follows: coursework. our commitment to our children and (Purpose: To increase funding for advanced Accordingly, it is critical that all of grandchildren that we do not take placement programs) our young people have access to rig- their prosperity and security for grant- At the end of title III (before the short orous coursework in secondary school ed. title), insert the following: in order to meet the demands of post The NAS advises us to prepare with SEC. ll. In addition to amounts otherwise secondary education and a competitive great urgency to preserve this Nation’s appropriated under this Act, there is appro- strategic and economic security. By in- priated, out of any money in the Treasury workforce. not otherwise appropriated, an additional NAS urges us to expand the pipe- vesting in AP, we can provide the foun- $18,500,000 to carry out part G of title I of the line—increase the number of students dation for students to be internation- Elementary and Secondary Education Act of taking advanced science and math ally competitive. This amendment is a 1965 (20 U.S.C. 6531 et seq.). courses, such as AP–IB. Accordingly, step in that direction, and I urge my Mr. BINGAMAN. Mr. President, this we must create additional opportuni- colleagues to support this amendment. is an amendment I am offering with ties and incentives for middle-school Mr. BINGAMAN. I ask that the Senator HUTCHISON and also with co- and high-school students to pursue ad- amendment be set aside. The PRESIDING OFFICER. Without sponsors KENNEDY, CLINTON, DODD, vanced work in math and science. NAS objection, it is so ordered. MURRAY, and SALAZAR. I ask unani- recommends quadrupling the number mous consent that all those Senators of students in AP or IB math or science AMENDMENT NO. 2219 be listed as cosponsors on amendment courses to 4.5 million by 2010. Mr. BINGAMAN. Mr. President, I call No. 2218. Moreover, I believe we all know that up amendment No. 2219. The PRESIDING OFFICER. Without the quality of the teaching force is The PRESIDING OFFICER. Without objection, it is so ordered. paramount to improving student objection, the clerk will report. The legislative clerk read as follows: Mr. BINGAMAN. Mr. President, let achievement. A great teacher can not me briefly describe the amendment. It only help a student develop critical, The Senator from New Mexico [Mr. BINGA- MAN] proposes an amendment numbered 2219. increases funding for the advanced analytical, and problem-solving skills, placement programs to the level the or mastery of a particular subject, but Mr. BINGAMAN. I ask unanimous President requested in his budget, sub- can motivate a student to pursue a ca- consent the reading of the amendment mitted to the Congress earlier this reer in the field. be dispensed with. The PRESIDING OFFICER. Without year. Unfortunately, this country is facing objection, it is so ordered. Mr. BINGAMAN. I ask that amend- a shortage of highly qualified math and The amendment is as follows: ment be set aside. science teachers. (Purpose: To increase funding for school The PRESIDING OFFICER. Without According to the NAS report, the dropout prevention) objection, it is so ordered. vast majority of high school students At the end of title III (before the short According to a recent report issued in this country are being taught title), insert the following: by the National Academy of Sciences, science and math by teachers without SEC. ll. (a) In addition to amounts other- NAS, the scientific and technical build- certification or a degree in the subject wise appropriated under this Act, there is ap- ing blocks of this Nation’s economic being taught. In fact, a U.S. high propriated, out of any money in the Treas- strength are eroding at a time when school student has a 70 percent chance ury not otherwise appropriated, an addi- many other Nations are gathering of being taught English by a teacher tional $4,900,000 to carry out part H of title I strength. In no uncertain terms, the with a degree in English while the of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6551 et seq.). NAS Committee on Prospering in the same student has about a 40 percent (b) Notwithstanding any other provision of Global Economy of the 21st Century ex- chance of being taught chemistry by a this Act, the amounts made available for ad- pressed ‘‘fear’’ that our ability to lead teacher with a degree in chemistry. ministrative expenses and salaries for the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23725 Department of Education under this Act sequences are devastating for our English language acquisition programs under shall be reduced by $4,900,000. younger and less educated population part A of title III of the Elementary and Sec- Mr. BINGAMAN. Mr. President, I ask of dropouts. The reality is that in 2002, ondary Education Act of 1965 (20 U.S.C. 6811 et seq.). unanimous consent that Senators REID, a high school dropout earned less than (c) HEP/CAMP.—In addition to amounts KENNEDY, CLINTON, DODD, and SALAZAR $23,000 per year, not enough for a fam- otherwise appropriated under this Act, there be added as cosponsors of this amend- ily to be self-sufficient and pay for the are appropriated, out of any money in the ment. basic necessities of life, such as food, Treasury not otherwise appropriated, an ad- The PRESIDING OFFICER. Without housing, and health care. ditional $5,700,000 for the High School objection, it is so ordered. Moreover, I believe this dropout cri- Equivalency Program and the College Assist- Mr. BINGAMAN. This is an amend- sis places our economic security in ance Migrant Program under section 418A of ment to maintain current funding for peril. How will this country continue the Higher Education Act of 1965 (20 U.S.C. 1070d-2). the school dropout prevention program to compete in a global economy when (d) SCHOOL DROPOUT PREVENTION.—In addi- that is authorized under No Child Left only two-thirds of our high school stu- tion to amounts otherwise appropriated Behind. The underlying bill would com- dents graduate high school. An edu- under this Act, there are appropriated, out of pletely eliminate funding for dropout cated workforce is the foundation for any money in the Treasury not otherwise ap- prevention, which I think would be a our future economic strength. propriated, an additional $5,000,000 for school terrible mistake. This amendment is I am offering this amendment to the dropout prevention programs under part H of essential in order that that not occur. FY 06 Labor-HHS-Education Appro- title I of the Elementary and Secondary Edu- Nationally, only two-thirds of our 9th priations bill to add $4.9 million to cation Act of 1965 (20 U.S.C. 6551 et seq.). graders will graduate from high school (e) ESL/CIVICS PROGRAMS.—In addition to maintain funding for dropout preven- amounts otherwise appropriated under this with a diploma after completing the tion, representing the current funding Act, there are appropriated, out of any 12th grade. And, only about 50 percent level. This amount is offset by amounts money in the Treasury not otherwise appro- of our Nation’s African American, His- made available to the Department of priated, an additional $6,500,000 for English panic, and Native American students Education for administrative expenses as a second language programs and civics will graduate with a high school di- and salaries. education programs under the Adult Edu- ploma alongside their classmates. I believe this offset is reasonable, cation Act (20 U.S.C. 9201 et seq.). (f) PARENT ASSISTANCE AND LOCAL FAMILY Sadly, a recent report by Educational given that in the past few years alone, Testing Services, ETS, makes it clear INFORMATION CENTERS.—In addition to the Department of Education has spent amounts otherwise appropriated under this that the dropout crisis is actually get- millions of dollars on public relations Act, there are appropriated, out of any ting worse; the high school completion contracts and grants to promote cer- money in the Treasury not otherwise appro- rate has been steadily declining in 43 tain Department policies and prior- priated, an additional $13,000,000 for the Par- States. Even more alarming, the report ities, some of which violated Federal ent Assistance and Local Family Informa- concludes that students are dropping law. I believe, however, reducing the tion Centers under subpart 16 of part D of out at a younger age, meaning drop- dropout rate is a higher priority than title V of the Elementary and Secondary outs are even less educated now than in Education Act of 1965 (20 U.S.C. 7273 et seq.). promoting the Department’s own agen- (g) HISPANIC-SERVING INSTITUTIONS.—In ad- previous years. da. I urge my colleagues to support dition to amounts otherwise appropriated Yet, while dropout rates continue to this amendment. under this Act, there are appropriated, out of rise, the Federal Government’s re- Again, I ask to have that amendment any money in the Treasury not otherwise ap- sponse has unfortunately diminished. laid aside. propriated, $9,900,000 for Hispanic-serving in- According to a recent GAO report, the The PRESIDING OFFICER. Without stitutions under title V of the Higher Edu- Department of Education has done objection, it is so ordered. cation Act of 1965 (20 U.S.C. 1101 et seq.). very little to help States increase grad- AMENDMENT NO. 2262 Mr. BINGAMAN. Mr. President, I ask uation rates, and in fact, has failed to Mr. BINGAMAN. Mr. President, I call unanimous consent that Senator SALA- disseminate information about effec- up amendment No. 2262. ZAR be added as a cosponsor of this tive dropout prevention strategies. The PRESIDING OFFICER. Without amendment, No. 2262. GAO found that the Department of objection, the clerk will report. The PRESIDING OFFICER. Without Education had failed to rigorously The assistant legislative clerk read objection, it is so ordered. evaluate the effectiveness of various Mr. BINGAMAN. Mr. President, let as follows: State and local interventions designed me speak for just a very few minutes to increase high school graduation The Senator from New Mexico [Mr. BINGA- on this amendment. Then I see there MAN] proposes an amendment numbered 2262. rates. As a result, schools and districts are other Senators seeking recognition. may not be using the most effective ap- Mr. BINGAMAN. I ask unanimous I will not delay them long. proaches to help their students stay in consent the reading of the amendment This is a very important amendment school and graduate. be dispensed with. on which I will request we actually In addition, Congress has signifi- The PRESIDING OFFICER. Without have a rollcall vote tomorrow. It is an cantly cut funding for the school drop- objection, it is so ordered. amendment to invest an additional $60 out prevention program in recent The amendment is as follows: million in eight different programs, in years. The underlying bill, however, (Purpose: To increase funding for education a combination of eight different pro- completely eliminates funding for programs serving Hispanic students) grams. They are very important to the dropout prevention, ostensibly because At the end of title III (before the short Hispanic community in this country. local school districts can use part of title), insert the following: The eight programs are migrant edu- their Title I funds for dropout preven- SEC. ll. INCREASED FUNDING FOR EDUCATION cation, English language acquisition PROGRAMS SERVING HISPANIC STU- tion. DENTS. programs, the High School Equivalency It is clear, however, that an allow- (a) MIGRANT EDUCATION.—In addition to Program, the College Assistance Mi- able use of Title I funds is insufficient amounts otherwise appropriated under this grant Program, Dropout Prevention, to stem the tide, as dropout rates con- Act, there are appropriated, out of any English as a Second Language Pro- tinue to rise. The ETS report concludes money in the Treasury not otherwise appro- grams, local family information cen- that our failure to provide adequate re- priated, an additional $9,600,000 for the edu- ters, and the Hispanic-Serving Institu- sources for school dropout prevention cation of migratory children under part C of tions Program. is ‘‘social dynamite.’’ title I of the Elementary and Secondary Edu- The amendment is strongly sup- The response of the Federal Govern- cation Act of 1965 (20 U.S.C. 6391 et seq.). ported by the Hispanic Education Coa- (b) ENGLISH LANGUAGE ACQUISITION.—In ad- ment to this crisis is wholly inad- dition to amounts otherwise appropriated lition, which is an ad hoc coalition of equate, and in fact, is moving in the under this Act, there are appropriated, out of national organizations dedicated to im- wrong direction. Dropout rates con- any money in the Treasury not otherwise approving educational opportunities for tinue to climb, and the economic con- propriated, an additional $10,300,000 for more than 40 million Hispanics living

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23726 CONGRESSIONAL RECORD—SENATE October 26, 2005 in the United States, including groups farm workers ever having attended col- countable and become more involved in such as the National Council of La lege. Both programs have been very their children’s education. This amend- Raza, HACU, and MALDEF. The Na- successful in helping migrant students ment would increase funding for these tional PTA is also a very strong sup- become productive members of society. centers by $13 million. porter of the amendment. According to the Department of Edu- The need for increased funding for The Title I Migrant Education Pro- cation, in 2003–2004, almost 10,000 stu- English as a Second Language, ESL, is gram was established to provide a com- dents were served by HEP CAMP, and evident by the growing demand for pensatory education program designed 63 percent of the HEP participants re- services and the lack of resources to to deal with the difficulties encoun- ceived a GED, and 84 percent of CAMP meet that need. tered by children of migrant workers students completed their first year of Enrollment in Adult ESL has in- as a consequence of their mobility. college in good standing. This amend- creased 105 percent over the past 10 Some of these children attend three or ment provides an additional $5.7 mil- years, yet there is a lack of programs four schools in a single school year. lion for these programs. and funding to ensure that all who de- They have a great need for coordina- The Dropout Prevention program sire to learn English have access to ap- tion of educational services among the helps States and school districts to im- propriate services. States and local districts where they plement research-based, sustainable, Currently, community-based organi- live, often for short periods of time. and coordinated school dropout preven- zations must piece programs together The MEP builds the support structures tion and re-entry programs in order to with volunteer labor and facilities. The for migrant students so that they can raise student achievement. At a time need for more targeted services is over- achieve high levels of success both in when schools are focused on narrowing whelming. Demand for English-lan- and outside of school. achievement gaps between differing guage instruction far outweighs sup- The U.S. Department of Education subgroups of students, it seems that ply, waiting lists for classes typically reports that more than 750,000 students Congress would want to retain Dropout range from several months to years, were identified as eligible for the pro- Prevention, a program specifically and many States do not have the ca- gram in fiscal year 2001. Additional aimed at providing schools with the pacity to meet the demand. funds are necessary to ensure that tools to help students achieve a high The current $70 million in funding is these children are able to meet the school degree. insufficient to meet the enormous de- challenges mandated by the No Child Support for Dropout Prevention is mand for ESL services. As the labor Left Behind Act. This amendment will even more significant when considering market continues to require English- provide an additional $9.6 million in that the primary source of Federal proficient labor, investing in ESL pro- needed funding. funding for public schools, authorized grams will strengthen the labor pool This amendment would also increase through the No Child Left Behind Act, and return a more versatile productive funding to States and local school dis- NCLB, focuses mainly on elementary workforce. This amendment provides tricts in order to ensure that as many schools. More than 90 percent of Tit1e an additional $6.5 million for ESL proof the 5.5 million children with limited I funds—the principal NCLB program— grams. English skills as possible learn English, are directed to elementary schools. Currently, 35 percent of Hispanics are develop high levels of academic attain- Such an emphasis on elementary edu- under the age of 18. The Educational ment, and meet the same challenging cation is necessary and appropriate, Testing Service has projected the U.S. State academic standards as all chil- but equally important is continuing an higher education system will grow by dren. investment of resources throughout 3.5 million additional students by 2015 Title III is a formula grant program the education continuum in order to and that nearly 40 percent of these new that distributes funding to all 50 States meet the needs of middle level and high students will be Hispanic. HSIs serve based on the number of limited English school students. the largest concentrations of the Na- proficient, LEP, and recent immigrant The Dropout Prevention program is tion’ s youngest and largest ethnic pop- students. The funds are used for devel- the only Federal program actively ulation. oping effective language acquisition working to reduce the Nation’s dropout The impending emergence of more programs; training for bilingual/ESL rates, and, as recent headlines tell us, than 100 new HSIs, mostly in Cali- teachers and regular teachers and edu- it is a problem that is far more severe fornia, Texas, Florida, New Mexico and cational personnel; parent involve- than previous data indicated. Illinois, in the next few years and the ment; and providing services for re- A report by the Urban Institute finds rapid growth of the Hispanic college- cently arrived immigrant students. that only 68 percent of all students in age population underscore the urgency This amendment requests an additional the public high school class of 2001 for immediate, major, and sustained $10.3 million for Language Acquisition graduated. Furthermore, it states that increases in Title V funding. Grants, which restores the program’s only 50 percent of all black students At a time when the current labor funding to its fiscal year 2003 level. and 53 percent of Hispanic students force is reaching retirement age in sub- This amendment would provide mod- graduate. Nearly half of all black and stantial numbers, Hispanics already est increases for the High School Hispanic students do not graduate from represent one of every three new work- Equivalency Program, HEP, and the high school. This is a problem that has ers joining the U.S. labor force, accord- College Assistance Migrant Program, reached enormous proportions. The ing to the U.S. Bureau of Labor Statis- CAMP. The HEP helps migrant stu- Dropout Prevention program was tics. By 2025, the Bureau projects that dents who have dropped out of high eliminated in this legislation. This one of two new workers joining the school earn a GED. The CAMP assists amendment restores $5 million to this U.S. labor force will be Hispanic. This migrant students in their first year of program. amendment would provide an addi- college with both counseling and sti- The Local Family Information Cen- tional $9.9 million in assistance to pends. These programs provide farm- ters program was authorized under the these great institutions. worker migrant students with edu- No Child Left Behind Act to provide We must do everything possible to cation opportunities and support that parents of Title I students, including provide every child with the best edu- will help them to become productive English language learners, with infor- cation we can. This amendment would members of society. mation about their children’s schools provide small, but much-needed in- Migrant students are among the so that they can help their children to creases to programs that can make a most disadvantaged youth in this Na- meet the high standards we have set difference in the lives of millions of tion. Current estimates place the drop- under NCLB. children. I urge my fellow Senators to out rate for migrant youth at between The Local Family Information Cen- support these greatly needed programs 50 and 60 percent. Before CAMP, there ters also help parents to hold their by providing them with the proper re- was no record of a child of migrant local and State school officials ac- sources. I will seek some additional

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23727 time tomorrow before we actually have the next several days. That will be going days, and we hope the same level a vote on this amendment in order to good news if it happens. In the mean- of cooperation will be seen. further explain to my colleagues the time, there is an area of great concern. FEMA is on the ground in Florida. In reasons this amendment needs to be We are being told by the power com- addition to helping to provide for im- adopted. panies it will be at least a week, maybe mediate needs, the administrators have I yield the floor. 10 days, maybe 2 weeks before a sub- approved individual assistance for 10 The PRESIDING OFFICER. The Sen- stantial number of these customers Florida counties covering an estimated ator from Florida. will be restored to power. In fact, the 6.5 million people in the State of Flor- Mr. MARTINEZ. Mr. President, I ask date of November 22 is now being given ida. That was welcome news to the peo- unanimous consent to speak as in as to when all customers will be back ple in Miami, Dade and Broward Coun- morning business for 5 minutes regard- on line. That is almost a month from ties, that I visited today. ing the hurricane in Florida. now. No power, for many Floridians, As far as the overall picture, the ex- The PRESIDING OFFICER. Without means there is no way to prepare tent of the damage, and the economic objection, it is so ordered. The Senator meals, no hot water in which to bathe impact, it is hard to get an accurate is recognized. or wash clothes or dishes, no traffic dollar figure just yet because the esti- HURRICANE WILMA DAMAGE lights, no way to pump gas, no access mates are still coming in. Just to give Mr. MARTINEZ. Mr. President, I rise to cash machines so people might ac- my colleagues an idea, the preliminary today to address an issue that unfortu- cess resources necessary to restock and figures, according to the Florida Insur- nately has become all too familiar to obtain water and food supplies. ance Council, puts the cost of Hurri- us, particularly us Floridians, which is Banks are closed. The schools in cane Wilma to somewhere close to $10 the devastating ravages of yet another many ways would be ready to reopen in billion. storm that has hit our coastal zone and a matter of a couple of days, but they If that figure holds, it makes Wilma particularly the State of Florida. cannot open until there is power. Hos- the most damaging storm to hit the I have just returned from the State pitals are working on generators; how- State this year and perhaps Florida’s of Florida, from south Florida, having ever, there is concern that these gen- most damaging hurricane in over a dec- traveled there today, with Senator erators will begin to start running low ade. I also want to underscore that Flor- NELSON. I also traveled around with on fuel and there is also the ‘‘boil ida is a State that went into this par- Members of the Congress, with ILEANA water’’ order given to the people of ticular storm with a lot on its shoul- ROS-LEHTINEN, Congressman LINCOLN south Florida, in counties that are, ders already. Before Wilma, over 10 IAZ ALART ARIO frankly, having problems with water D -B , Congressman M percent of Florida’s homes were dam- IAZ ALART LAY pressure issues. D -B , and Congressman C aged from four previous hurricanes last There are substantial relief efforts in SHAW. year. Even today, we still had over We went first to Miami, Dade Coun- progress. There have been a few 20,000 Floridians living in some sort of glitches along the way. Yesterday, ty, where we visited the emergency op- transitional housing. Most of that is a there were long lines of exasperated erations center. There we were able to backlog of structural repair. Now that people, which is understandable in the get a briefing and an update from peo- number is going to dramatically esca- ple on the ground about the situation first 48 hours following a category 3 late. there. Unfortunately, there, and then hurricane that hit with well over 100- Before Wilma was even a squall, Flor- again in Broward County and Fort mile-an-hour winds in some of the most ida’s agricultural damages from the Lauderdale where we further visited, populated areas of the State of Florida. last year stood at $665 million. Whole the situation seems to be somewhat I commend our Governor, Jeb Bush, sectors of our agricultural industry are the same. for his preparation before the storm devastated. Frankly, it will take years There is widespread damage to peo- ever reached our shores and for the to replant and reestablish some of the ple’s homes and places of business, but good cooperation that local govern- crops. It is highly likely that this hur- the most important and most pervasive ment has been given throughout the ricane is going to make yet another ag- problem seems to be the very severe State. Even though we have all heard ricultural season a total loss for Flo- loss of electrical power. reports of long lines at these distribu- ridians. In addition to the electrical power, tion points and that we have run out of I also want to mention S. 939, the there is a combination in some of the supplies too soon, the system is work- Disaster Recovery Act. This bill, which places which also has to do with prob- ing and will be working even better in has been introduced by myself and sev- lems of potable water. the coming hours. Improvements have eral others, is pending before this body. As I stand here, there are still 2.8 been made over the last 24 hours, and It seeks to expedite Federal assistance million people in Florida without elec- we believe more improvements will be and assist communities in debris re- tricity. Nearly 6 million people were made in a very short period of time. moval. This is straightforward legisla- without power Tuesday morning. We I also commend our Florida National tion. Without it, people in commu- are making some progress, thanks in Guard. The Florida National Guard, nities can be kept waiting for months part to the contributions of other time and again, has answered the call for any assistance. In the case of debris States that have responded to this as we have faced storm after storm in removal, it is an issue of public safety emergency. More than 5,000 people the State of Florida. Right now we that has gone unaddressed for far too from neighboring States are actively have over 4,000 members of the Guard long. With the help of my good friends working to restore power in the lower who have been activated, helping to from Maine and Mississippi, this bill is peninsula. distribute food and material and assist- now moving forward, and I will ask my Damage in Florida not only began in ing local law enforcement and patrol- colleagues to lend their support. This the area of Naples and Marco Island on ling areas, assisting local law enforce- is critical legislation, and it will make the west coast, but then it traveled ment. More troops are being called up, a difference to millions of Floridians across the rural area of our State, I understand. and others affected by the recent across the Everglades and slammed in There are curfews in effect through- storms. This bill is currently hotlined, an angling way, covering the Florida out south Florida, and it is a big task and I am hopeful that first thing to- Keys before it ever reached the main- to enforce these curfews. Floridians are morrow morning we will be able to land, and then Miami, Dade County, following the instructions and local move this bill along. Broward County, Palm Beach County, government officials were pleased to Beyond that, I know there is still an exiting out in the area of Palm Beach. report to us how well Floridians were appropriate time and place for a larger Regarding those 2.8 million people responding to the call for curfew. We Federal role in this disaster. I ask my without power, I am hopeful that fig- hope this will continue because the colleagues to keep in mind that Flor- ure will be dropping substantially in curfews will need to be in effect for on- ida has been hit by eight hurricanes

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23728 CONGRESSIONAL RECORD—SENATE October 26, 2005 and two tropical storms in the last 14 (Purpose: To prohibit payments for adminis- On page 132, line 9, strike ‘‘$320,250,000’’ and months. Going into this storm, we have trative expenses under the Medicaid pro- insert ‘‘$240,250,000, of which $13,248,000 is for had a lot of damage from Wilma, and it gram if more than 15 percent of applica- such management or operation of activities has only been compounded by existing tions for medical assistance, eligibility re- conducted by or through the Bureau of Inter- determinations, and change reports are national Labor Affairs, and’’ problems and new ones have been cre- processed by individuals who are not State ated. Mr. CORNYN. Mr. President, this employees meeting certain personnel amendment supports the administra- So let me conclude on a brighter note standards) tion’s request for second-year funding and express appreciation for those of At the appropriate place in title II, insert my colleagues who have indicated their the following: for the Community-Based Job Training concern for Florida. It is times like SEC. ll. (a) IN GENERAL.—None of the Grant Initiative. these that makes me proud to be a Flo- funds made available in this Act may used Although that is a mouthful, this ridian. We are resilient people. What for Federal matching payments under sec- goes to one of the most basic needs of we saw today was folks pulling to- tion 1903(a)(7) of the Social Security Act (42 our country, and particularly our U.S.C. 1396b(a)(7)) for reimbursement of growing economy. gether. We will repair the damage and amounts expended for the proper and effi- we will move on. The communities of For those who are concerned about cient administration of a State Medicaid offshoring and outsourcing of jobs to Florida are pulling together, helping plan under title XIX of such Act to a State one another and reaching out to one agency if more than— other countries, for those who are con- another in a spirit of cooperation and (1) 15 percent of the applications for med- cerned about American citizens who neighborliness, which I think is com- ical assistance under the State Medicaid have not yet attained a living wage in mendable. plan in any fiscal year quarter are received their jobs, this is the answer to all of I think we need to continue to pull or initially processed; those challenges, and more. (2) 15 percent of eligibility redetermina- The primary purpose of the grants together because these are difficult tions for such medical assistance are ini- days. We are not going to get over this that are included in this program is to tially processed; or strengthen the role of community and in a matter of 24 hours or 48 hours. It (3) 15 percent of change reports are re- is going to take some time. ceived and initially processed, technical colleges and train workers for the skills required to succeed in In the first 48 hours after a category by individuals who are not State employees 3 hurricane, it is understandable that meeting the personnel standards required high-growth, high-demand industries. people’s nerves are fraying and impa- under section 1902(a)(4)(A) of the Social Se- The amendment covers publicly fund- tience is setting in. curity Act (42 U.S.C. 1396a(a)(4)(A)). ed institutions of higher education However, we are ready for this, and I (b) EXCLUSION OF APPLICATIONS RECEIVED that grant associate degrees. Commu- AND PROCESSED ON AN OUTSTATION BASIS.— nity-based job training grants are know we will pull together and get The percentages described in subsection (a) through it in the best way possible. awarded to community and technical shall be determined without regard to appli- colleges that demonstrate they are en- I believe it is most important to cations received and processed by the Health point out that in spite of all of this, Resources Services Administration. gaged in a strategic partnership with business and industry. In other words, the Orlando International Airport has Mr. HARKIN. Mr. President, I ask this is not just the teaching of aca- reopened for business. The cruise ships unanimous consent that the amend- demic subjects but, rather, working are coming in and out of Miami Har- ment now be laid aside. with industry to determine what sort bor. The fact is that the attractions— The PRESIDING OFFICER. Without of job skills they need for the good jobs all in central Florida—were completely objection, it is so ordered. they can provide, if they can find a suf- unaffected by any of this and are open The PRESIDING OFFICER. The Sen- ficient number of trained employees to for business. Florida, in fact, is open ator from Texas. for business. The convention facilities do them. AMENDMENT NO. 2277 Applicants for these grants are re- are working. Florida will be back to Mr. CORNYN. Mr. President, I call up normal in short order. I do hope that quired to identify workforce challenges amendment No. 2277. and their ability to implement work- people recognize Florida is still a won- The PRESIDING OFFICER. Without force solutions for locally identified derful place to visit. objection, the pending amendments are high-growth, high-demand occupations. I thank my colleagues for all of the set aside and the clerk will report. This amendment will help increase expressions of support, and I look for- The legislative clerk read as follows: ward to working with them as we try the capacity of community colleges to The Senator from Texas [Mr. CORNYN] pro- provide innovative job training strate- to seek an appropriate Federal re- poses an amendment numbered 2277. sponse to Florida’s problem. gies in local demand industries. They Mr. CORNYN. Mr. President, I ask will be able to develop training criteria Thank you, Mr. President. I yield the unanimous consent that reading of the floor. with local industry, hire qualified fac- amendment be dispensed with. ulty, arrange on-the-job experiences The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without with industry, and use up-to-date ator from Iowa. objection, it is so ordered. equipment. Mr. HARKIN. Mr. President, I ask The amendment is as follows: Community colleges are one of the unanimous consent that the pending (Purpose: To increase the amount of appro- best kept educational secrets in this amendments be set aside. priated funds available for Community- country. They are adaptable, flexible, The PRESIDING OFFICER. Without Based Job Training Grants) affordable, and accessible by all seg- objection, it is so ordered. On page 112, strike lines 17 and 18 and insert the following: ments of the community. AMENDMENT NO. 2322 This amendment will help commu- Workforce Investment Act of 1998; Mr. HARKIN. Mr. President, I send nity colleges train 100,000 new and ex- an amendment to the desk. $2,867,806,000 plus reimbursements, of which $1,871,518,000 is available for obli- perienced workers in demand indus- The PRESIDING OFFICER. The On page 113, strike lines 8 through 13 and tries and then increase the retention clerk will report. insert the following: and earnings of trained workers. The legislative clerk read as follows: $1,148,264,000 shall be for activities described The Labor Department is committed The Senator from Iowa [Mr. HARKIN] pro- in section 132(a)(2)(B) of such Act: Provided to making all curricula and training poses an amendment numbered 2322. further, That $125,000,000 shall be available techniques developed through the Mr. HARKIN. Mr. President, I ask for Community-Based Job Training Grants, grants available to community colleges unanimous consent that reading of the and not more than an additional $125,000,000 nationwide so these grants help more may be used by the Secretary of Labor for amendment be dispensed with. such grants from funds reserved under sec- than just the direct recipient of the The PRESIDING OFFICER. Without tion 132(a)(2)(A) of the Workforce Investment grant. objection, it is so ordered. Act of 1998, to carry out such grants under This amendment will help millions The amendment is as follows: sec- more workers access education and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23729 training for exciting career opportuni- deed try to maximize the funds for this Mr. DURBIN. Mr. President, this is a ties and a brighter future. The first important initiative. technical amendment which designates grant competition for $125 million was I yield the floor. Mid-American St. Louis Airport in appropriated in fiscal year 2005 and was AMENDMENT NO. 2278 Mascoutah, IL as a point of entry. It issued in May. Nearly 400 community Mr. SPECTER. Mr. President, there has been cleared on both sides, and colleges submitted proposals and 70 is now a series of five amendments with Senator GREGG. community colleges in 40 States were which have been accepted on both I urge adoption of the amendment. awarded grants on October 19. sides. I now ask unanimous consent The PRESIDING OFFICER. Is there I am particularly proud that 7 of the that the Senate turn to a series of five further debate? If not, the question is community colleges in Texas were amendments which have been accepted on agreeing to the amendment. awarded grants through the first $125 on both sides. The amendment (No. 2315) was agreed million competition. I start with an amendment on behalf to. Mr. DURBIN. Mr. President, I move I have long been an advocate of these of Senator FRIST, No. 2278, and I ask for kind of workforce partnerships and ini- its immediate consideration. to reconsider the vote. tiatives formed with community col- The PRESIDING OFFICER. Without Mr. HARKIN. I move to lay that mo- leges and local business communities objection, the clerk will report. tion on the table. The motion to lay on the table was because I have actually seen them suc- The legislative clerk read as follows: agreed to. ceed. The Senator from Pennsylvania [Mr. SPEC- AMENDMENT NO. 2228 While in the Senate, I have had the TER], for Mr. FRIST, proposes an amendment opportunity to visit a number of these numbered 2278. Mr. SPECTER. Mr. President, I now call up a second Durbin amendment on initiatives across the State of Texas, in Mr. SPECTER. Mr. President, I ask scientific integrity and yield to the Austin, in Houston, Pasadena, Laredo, unanimous consent that reading of the Beaumont, Sherman, El Paso, Lub- Senator from Illinois. amendment be dispensed with. The PRESIDING OFFICER. The Sen- bock, and Victoria. The PRESIDING OFFICER. Without ator from Illinois. I remember in particular a young objection, it is so ordered. Mr. DURBIN. Mr. President, it is my Hispanic woman, a single mom who The amendment is as follows: understanding that this amendment is had been a prison guard in Amarillo, (Purpose: To increase funding for suicide pending. If that is the case, I urge TX who, as a result of a program that prevention activities) adoption of amendment. she trained in in an Amarillo commu- On page 116, line 9, strike ‘‘$132,825,000, to- The PRESIDING OFFICER. Is there nity college, was able to increase her gether with’’ and insert ‘‘$119,825,000: Pro- further debate? If not, the question is earnings and brighten her future, as vided, That amounts provided for in this Act for suicide prevention activities under the on agreeing to the amendment. well as get out of her somewhat dan- The amendment (No. 2228) was agreed gerous job as a prison guard to begin Garrett Lee Smith Memorial Act (Public law 108-355) shall be increased by $13,000,000: Pro- to, as follows: working on the production line for the vided further,’’ That’’. (Purpose: To ensure the scientific integrity V–22 tilt rotor being made at Bell Heli- Mr. SPECTER. Mr. President, this of Federally-funded scientific advisory copter in Amarillo, TX. committees and their findings) This is only one example of how we amendment provides an additional $13 million for suicide prevention activi- At the appropriate place, insert the fol- can provide the resources to individ- lowing: uals so they can improve their future, ties. SEC. ll. (a) None of the funds made avail- I urge adoption of the amendment. improve their skills, and satisfy the able in this Act may be used to request that This is an offset, so we stay within our needs of employers who search, often in a candidate for appointment to a Federal sci- limits. entific advisory committee disclose the po- vain, for qualified workers to take The PRESIDING OFFICER. Is there litical affiliation or voting history of the these good and very well paying jobs. further debate? If not, the question is candidate or the position that the candidate I know, in consultation with the dis- on agreeing to the amendment. holds with respect to political issues not di- tinguished floor manager of this bill, The amendment (No. 2278) was agreed rectly related to and necessary for the work that this contains an offset that causes of the committee involved. to. some concerns. What I would like to do (b) None of the funds made available in is continue our discussions with Sen- AMENDMENT NO. 2315 this Act may be used to disseminate sci- Mr. SPECTER. Mr. President, I now entific information that is deliberately false ator SPECTER, the Senator from Penn- or misleading. sylvania, the distinguished manager of call up the Durbin amendment on point this bill, as we proceed through this of entry, and yield to the Senator from Mr. DURBIN. Mr. President, I move process to try to find some way to Illinois. to reconsider the vote. Mr. SPECTER. I move to lay that maximize the funds available to this The PRESIDING OFFICER. Without objection, the pending amendments are motion on the table. particular program in the conference The motion to lay on the table was and hopefully restore some of the set aside. Mr. DURBIN. Mr. President, I send agreed to. money that would otherwise be cut. I an amendment to the desk. The PRESIDING OFFICER. The Sen- realize the subcommittee is working The PRESIDING OFFICER. The ator from Pennsylvania. within allocation caps and we don’t clerk will report. AMENDMENT NO. 2246 want to cause any unnecessary con- The legislative clerk read as follows: Mr. HARKIN. Mr. President, I now cern. But this is an initiative that I The Senator from Illinois [Mr. DURBIN] call up an amendment by the Senator feel so strongly about, and I think the proposes an amendment numbered 2315. from Massachusetts, Senator KENNEDY, more our colleagues learn about this, on women’s employment data. I ask the more our colleagues will be sup- Mr. DURBIN. Mr. President, I ask unanimous consent that reading of the unanimous consent that the pending portive of this restoration of these amendments be set aside. funds for this important initiative. amendment be dispensed with. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without With that, I ask unanimous consent objection, it is so ordered. objection, it is so ordered. that the amendment be set aside. The amendment is as follows: The clerk will report. The PRESIDING OFFICER. Without The legislative clerk read as follows: (Purpose: To designate a port of entry) objection, it is so ordered. The Senator from Iowa [Mr. HARKIN], On page 22, after line 8, insert the fol- Mr. CORNYN. Mr. President, I look for Mr. KENNEDY, for himself, Mr. HAR- lowing: forward to working with the distin- KIN, and Mr. LAUTENBERG, proposes an SEC. 517. Notwithstanding any other provi- guished Senator from Pennsylvania sion of law, not later than 60 days after the amendment numbered 2246. and the distinguished Senator from date of enactment of this Act, MidAmerica Mr. HARKIN. Mr. President, I ask Iowa as we try to work in the con- St. Louis Airport in Mascoutah, Illinois, unanimous consent that reading of the ference to try to accommodate and in- shall be designated as a port of entry. amendment be dispensed with.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23730 CONGRESSIONAL RECORD—SENATE October 26, 2005 The PRESIDING OFFICER. Without period conducted by the Department of longstanding economic discrimination objection, it is so ordered. Labor, the comments received were against women in our society. Women today The amendment is as follows: more than 9-to-1 against discontinuing earn 76 cents for every dollar earned by men. They work disproportionately in lower-pay- (Purpose: To ensure that the Current Em- the series. Every business group that ing occupations, and have far lower lifetime ployment Survey maintains the content of commented on the proposed elimi- earnings than men. Congress, researchers, the survey issued prior to August 2005 with nation of the data, including the Wom- and policymakers across the country need respect to the collection of data for the en’s Chamber of Commerce and Busi- the CBS data to understand gender inequal- women worker series) ness and Professional Women, sup- ity in the workforce, and guide us in our ef- On page 131, line 18, insert before the pe- ported continuing the collection of the forts to eliminate it. riod the following: ‘‘: Provided, That the Cur- data. Janet Norwood, Commissioner of The recent recession marked the start of rent Employment Survey shall maintain the the only period of sustained job loss for content of the survey issued prior to August the Bureau of Labor Statistics in both women in the last forty years. At a time 2005 with respect to the collection of data for the Carter and Reagan administra- when women’s employment may be changing the women worker series’’. tions, criticized the recent decision to discontinue this collection. in fundamental ways, we should be expand- AMENDMENT NO. 2246, AS MODIFIED ing—not limiting—our ability to understand Mr. HARKIN. Mr. President, I ask Many of the comments cited studies that used the data to uncover impor- the evolving role of women in the nation’s unanimous consent on behalf of Sen- labor-force. tant conclusions about the position of ator KENNEDY to send a modification to women in the workforce. A study by The CES data are the best available data the amendment to the desk. It changes on employment trends, and are indispensable the Federal Reserve Bank of New York, the date, it looks like, from August to to po1icymakers and researchers on the for example, used the data to find that June. issue, The Current Population Survey is not men and women have historically been The PRESIDING OFFICER. Is there an adequate substitute, Economists widely affected differently by recessions, with objection? Without objection, it is so agree that the Bureau’s Payroll Survey pro- jobs often shifting from women to men vides a far more accurate view of general ordered. during these periods. This study would employment trends than the Population Sur- The amendment (No. 2246), as modi- have been impossible without the vey. As you yourself testified to the Congres- fied, is as follows: Women Worker Series. sional Joint Economic Committee in 2003, On page 131, line 18, insert before the pe- The department claims that it has ‘‘the payroll survey provides more reliable riod the following: ‘‘: Provided, That the Cur- eliminated the series in order to reduce information on the current trend in wage rent Employment Survey shall maintain the and salary employment’’ than the household content of the survey issued prior to June the burden on employers responding in survey, because the payroll survey has a 2005 with respect to the collection of data for the survey. But continuing to collect larger sample and is linked to the total em- the women worker series’’. this information would not be unduly ployment count based on records of the un- Mr. KENNEDY. Mr. President, in burdensome. The gender series is only employment insurance tax. June 2005, the Department of Labor’s one question in a larger survey that You have indicated that eliminating the Bureau of Labor Statistics eliminated the department continues to conduct. gender series is necessary so that the Bureau the most reliable source of employ- According to BLS estimates, the entire can reduce the burden of the survey on em- ment data on women workers by re- survey takes only seven minutes to fill ployers. But that benefit is miniscule com- out, so the burden imposed by a single pared to the significant loss caused by the moving the Women Worker Series from elimination of the data series. The gender se- its Current Employment Statistics sur- question is virtually nonexistent. In- deed, most employers are required to ries is only a small portion of a survey that, vey. This move—opposed by a bipar- by your own estimate, takes only seven min- tisan coalition of Senators—blocks col- track the gender of their employees for utes to fill out. Companies with 100 or more lection of key data about the status other purposes, so the requested infor- employees already have to submit EEO–1 and progress of women in the work- mation is almost always readily avail- forms detailing the gender breakdown of place. I offer an amendment today to able. their workforce. In smaller companies, it is The decision to eliminate the Women reverse that decision. little burden to see the number of male and Worker Series is an insult to working female employees. Comprehensive and accurate infor- women across the country, and can mation on gender employment is vital In light of the special importance of the only strengthen the discrimination gender series, we urge you to continue to to ending long-standing economic dis- they face in the workplace. At a time collect and provide these needed data. crimination against women in our soci- when women’s employment may be Sincerely, ety. The facts are painfully clear. changing in fundamental ways, we EDWARD M. KENNEDY, Women today earn 76 cents for every ICHARD URBIN should be expanding—not reducing— R J. D , dollar earned by men. They work dis- TOM HARKIN, our ability to understand the evolving proportionately in lower-paying occu- CHRISTOPHER J. DODD, role of women in the Nation’s labor pations, and have far lower lifetime JEFF BINGAMAN, force. I urge my colleagues to accept earnings than men. Congress, research- HILLARY RODHAM CLINTON, this amendment and avoid taking an MARY LANDRIEU, ers, and policymakers across the coun- unfair step backward on this very im- JOHN F. KERRY, try need the data collected by the portant issue for working women MARIA CANTWELL, Women Worker Series to understand across America. EVAN BAYH, the true dimensions of gender inequal- I ask, unanimous consent that letters OLYMPIA J. SNOWE, SUSAN COLLINS, ity in the workforce, and guide us in in support of the amendment be print- our effort to eliminate it. LISA MURKOWSKI, ed in the RECORD. BARBARA A. MIKULSKI, The Women Worker Series has the There being no objection, the mate- best available data on women in the PATTY MURRAY, rial was ordered to be printed in the DEBBIE STABENOW, workforce. It’s been part of a broad- Record, as follows: HERB KOHL, based survey of nearly 400,000 business U.S. SENATE DIANNE FEINSTEIN, establishments that examines the most Washington, DC, February 9, 2005. PAUL S. SARBANES, accurate data available—employers’ KATHLEEN P. UTGOFF, PATRICK J. LEAHY, own records. The data are the most re- Commissioner, U.S. Bureau of Labor Statistics, BILL NELSON, liable way to assess monthly changes Washington, DC. RON WYDEN, in employment, and they contain valu- DEAR COMMISSIONER UTGOFF: We are writ- JOSEPH I. LIEBERMAN, able insights on women’s employment ing to express our concern about the Bu- JON S. CORZINE, BARACK OBAMA, and unemployment in the business reau’s plans to discontinue the gender series in the Current Employment Statistics (CES) TIM JOHNSON, cycle. program, We strongly urge you to continue DANIEL K. AKAKA, The information collected in the sur- to collect these data. FRANK LAUTENBERG, vey is indispensable to policymakers Comprehensive and accurate gender em- MARK DAYTON, and researchers. During the comment ployment information is vital to end the KEN SALAZAR.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23731

OCTOBER 18, 2005. searchers at such organizations as the New Family Tree, Inc., Federally Employed Hon. FRANK LAUTENBERG York Federal Reserve Bank and the Consor- Women, Feminist Majority, Florida Con- U.S. Senate, tium of Social Science Associations (includ- sumer Action Network, Gender Watchers, Washington, DC ing sociologists, political scientists, and oth- General Federation of Women’s Clubs, Geor- DEAR SENATOR LAUTENBERG: We are writers). gia Rural Urban Summit, Georgia Women ing to inform you that the Bureau of Labor Perhaps the greatest evidence for the im- Work, and Girls Incorporated. Statistics (BLS) announced on August 5, 2005 portance of this data is the outcry that arose Honorable Linda Tan-Whelan, Tan-Whelan that it would no longer collect the data on after BLS announced it was going to stop & Associates, Inc., Illinois Alliance for Re- women workers in the Current Employment collecting it. News services around the coun- tired Americans, Institute for Women’s Pol- Statistics Survey (CES). These critical data try ran the story. A bipartisan group of U.S. icy Research, Institute for Research on are not collected by any other survey and Representatives and Senators opposed the Women and Gender, Jewish Women’s Coali- without it researchers cannot obtain a com- decision. Researchers and women’s employ- tion, Laborers’ International Union of North plete and accurate picture of women’s em- ment advocates pressed BLS to continue col- America, Lebanon (MO) Business and Profes- ployment. We the 137 undersigned organiza- lecting the data. sional Women, and Legal Momentum. tions ask that Congress require BLS to con- In fact, during the original comment pe- Maine Center for Economic Policy, Maine tinue collecting these data in the Appropria- riod, five thousand comments were sub- National Organization for Women, Maine tions bill for the Departments of Labor, mitted—running at least 9 to 1 in support of People’s Alliance, Maine Women’s Lobby, Health and Human Services and Education continuing the data collection. The only Maryland National Organization for Women, for FY2006 that is currently being finalized. comments submitted by employers were in Michigan Conference of the National Organi- The CES survey is a monthly nationwide support of the continued collection of the zation for Women, Michigan Women Work, survey of payroll records that covers more Women Workers Series. Middle Way House, Inc., Minnesota National than 300,000 businesses and provides impor- Despite the overwhelming case in support Organization for Women, Missouri Women’s tant industry data. The ‘‘Women Worker Se- of continuing the Women Workers Series, Coalition, Missouri Women’s Network, Mont- ries’’ consists of one question in the CES sur- and the underwhelming case for dropping it, gomery County Commission for Women, and vey: ‘‘Enter the number of employees from BLS announced that it would terminate the MOTHERS (Mothers Ought to Have Equal Column 1 who are women.’’ This one ques- data collection anyway. Rights). Congress can, and should, require BLS to tion, however, provides the only accurate Mothers and More, Mt. Pleasant National continue collecting the Women Workers Se- picture of whether (and in which industries) Organization for Women, NA’AMATUSA, Na- ries. women are gaining or losing jobs in response Please support a provision in the Labor- tional Alliance for Partnerships in Equity, to economic restructuring, changes in the HHS-Education Appropriations bill for FY National Association of Social Workers, business cycle, variation in labor supply and 2006 to require BLS to continue collecting Maine Chapter, National Association of other factors. Because men and women gen- the Women Workers Series on the CES Sur- Women Business Owners, National Coalition erally work in different parts of the labor vey. This information is critical to under- Against Domestic Violence, National Com- market, data that specifically track how standing the employment status of women in mittee on Pay Equity, National Council of women workers are faring compared to men America. Please feel free to contact Heidi Jewish Women, and National Council for Re- is essential. Combined data may mask im- Hartmann of the Institute for Women’s Pol- search on Women. portant differences in the experience of icy Research (202/785–5100) or Sharon Levin of National Council of Women’s Organiza- women and men workers. Women’s Prerogative (202/296–3818) for fur- tions, National Organization for Women, Na- The reasons that BLS has given for termi- ther information. tional Partnership for Women and Families, nating the collection of these data do not Sincerely, National Women’s Conference, National hold up under scrutiny: Alliance for Retired Americans, Alliance Women’s Law Center, National Women’s Po- There Is No Substitute for the CES Survey: for the Status of Missouri Women, American litical Caucus, NCA Union Retirees, Negoti- BLS has claimed that ending the Women Association of University Women, American ating Women, Inc., New Choices/New Op- Workers Series does no harm, because the Association of University Women, Ballwin- tions, New Hampshire National Organization Current Population Survey (‘‘CPS’’) collects Chesterfield Chapter, American Association for Women, and New York State National extensive data on women’s employment sta- of University Women, Ferguson-Florisant Organization for Women. tus and is thereby an adequate substitute. Branch, American Educational Research As- Ohio National Organization for Women, This is simply not true. The CPS data are sociation, American Federation of Govern- Older Women’s League, Oregon Consumer collected from households and individuals, ment Employees, AFL–CIO, American Fed- League, Oregon Tradeswomen, Inc., PHASE, whereas the CES is collected from busi- eration of Government Employees (AFGE), University of Arizona, Philadelphia Coali- nesses, and thus, according to a former BLS Local 12, American Medical Women’s Asso- tion of Labor Union Women, Project IRENE, Commissioner, ‘‘provides more reliable infor- ciation, and Americans for Democratic Ac- Sargent Shriver National Center on Poverty mation on the current trend of wage and sal- tion. Law, Scholar Bound, South Carolina Coali- ary employment.’’ Asian & Pacific Islander American Health tion Against Domestic Violence and Sexual There is a High Response Rate for the CES Forum, Association of American Assault, South Dakota Advocacy Network Survey and It Is Not Burdensome for Busi- Geographers, Business and Professional for Women, South Dakota Family Economic nesses: BLS claimed that discontinuing the Women/USA, Business and Professional Self-Sufficiency Project, and St. Louis Coali- data collection from the single question Women/Kentucky, Business and Professional tion of Labor Union Women. about women workers would reduce the bur- Women/Kirksville, Business and Professional Teachers as Leaders and Learners Program den on employers. As evidence of this prob- Women/Maryland, Business and Professional at The College of New Jersey, Tennessee lem, they misleadingly stated that there was Women/Missouri, Business and Professional Healthcare Campaign, The Business Women’s a low response rate to this inquiry. In fact, Women/St. Louis Metro, Business and Pro- Network of Howard County, Tradewomen, the response rate to this query is 86%—the fessional Women/St. Petersberg/Pinellas, Inc., Tradewomen Now and Tomorrow, The second highest of any question on the CES Business and Professional Women/Suburban Media Project, The Washington Lawyers’ Survey. Further, the only organizations rep- Maryland, and Business and Professional Committee for Civil Rights & Urban Affairs, resenting businesses that submitted com- Women/USA. The Women’s Center at Carnegie Mellon Uni- ments to BLS about the discontinuation of BVM Network for Women’s Issues, Cali- versity, The Women’s Office, Sisters of Char- this data collection all supported continuing fornia National Organization for Women, ity, BVM, and The Women’s Union. the data collection. Not only are businesses California Partnership to End Domestic Vio- United Food and Commercial Workers able to respond to these queries easily, but lence, Catalyst Connection, Center for Inde- International Union (UFCW), United Univer- the record shows that they want the data pendent Living of South Florida, Center for sity Professions, U.S. Action, U.S. Women’s collection to continue. the Education of Women, University of Chamber of Commerce, Wider Opportunities Researchers Use This Important Data: In Michigan, Center for Women Policy Studies, for Women, Women of Reform Judaism, announcing the discontinuation of this data Chicago Women in Trades, Cincinnati Na- Women Work! The National Network for collection, BLS stated that it was not widely tional Organization for Women, and Coali- Women’s Employment, Women’s Center of used. This is not accurate either. Just this tion for Equal Pay. Fayetteville, Women’s Center of Greater past month, the Center for Economic and Coalition of Labor Union Women, Common Lansing, and Women’s City Club of New Policy Research issued a report, ‘‘Gender Cause, Communication Workers of America, York. Bias in the Current Economic Recovery? De- Consortium of Social Science Associations, Women’s Committee of 100, Women’s Edge clining Employment Rates for Women in the Dads and Daughters, Department for Profes- Coalition, Women Employed, Women For: 21st Century,’’ based on the Women Worker sional Employees, AFL–CIO, Democratic Orange County, Women in Media and News, Series in the CES. Further, many of the Women’s Club of Upper Pinellas, Discrimina- Women’s Prerogative, Women’s Research and thousands of comments submitted to BLS in tion Research Center, and Displaced Home- Education Institute, Women’s Resource Cen- support of this data collection came from re- makers Network of New Jersey, Inc. ter, Women’s Resource Center of Alamance

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23732 CONGRESSIONAL RECORD—SENATE October 26, 2005 County, North Carolina, Women’s Resource mately 10.6 million businesses in the United study the gender differences that underlie Center of Central Oregon, World of Women States. the unusual recent cyclical pattern of em- SI Inc., Zonta Club of Pasadena, and 9 to 5, Research has shown that among the great- ployment. National Association of Working Women. est challenges faced by women in business— The attached is a synopsis of preliminary in addition to access to capital, training and findings that suggest that time series pat- UNITED STATES SENATE, technical assistance, markets and net- terns of employment for men and women are Washington, DC, April 12, 2005. works—is being taken seriously as contribu- different, vary among recessions, and show Secretary ELAINE CHAO, tors to our economy. One of the most signifi- no evidence of recent convergence. The ap- Department of Labor, cant ways in which women have achieved proach follows recent work by Erica Groshen Washington, DC. visibility, and thus recognition, for their and Simon Potter (published in the August DEAR SECRETARY CHAO: I’m writing to ex- economic contributions has been through the 2003 edition of the Federal Reserve Bank of press my surprise and concern at your ongo- collection and dissemination of statistics New York’s Current Issues in Economics and ing plans to eliminate the women worker se- monitoring their participation in the work- Finance) that finds it likely that the recent ries in the Current Employment Statistics force, and their progression from non-super- recession had a stronger cyclical component program. visory to managerial positions, and from than previous recessions. Full and accurate gender employment in- there to self-employment and business own- Gender disparities are of particular inter- formation is a vital part of ending the long- ership. The gender-disaggregated informa- est at the moment because the labor force standing economic discrimination against tion currently available through the BLS’ participation rate for women during the past women in our society. As you know, women Current Employment Statistics is a vital recession has fallen more than usual and as today earn 76 cents for every dol1ar earned thread in the fabric of federal government yet shows no sign of recovery. These results by men. They work disproportionately in data on the economic contributions of have interesting policy implications if they lower-paying occupations, and have far lower women. Regular, detailed information by in- allow us insight into whether the decline in lifetime earnings than men. By eliminating dustry and location is critical to under- participation indicates enhanced cyclicality the CES data, the Department will make it standing women’s employment patterns as or a secular drop in women’s labor force par- more difficult for Congress, researchers, and well as their progress (or lack thereof) over ticipation. policymakers to understand the true nature time. Our previous understanding of sectoral re- of gender inequality in the workforce, and The National Women’s Business Council allocations and heterogeneity is based large- harm our efforts to eliminate it. strongly opposes the proposed elimination of ly on analysis of industry-level CES aggre- I understand that the Department has re- the collection of gender-based information gate data. Household-based data series have ceived nearly 5,000 comments about these from the CES. The elimination of gender as too much sampling error to allow analysis proposed changes, and 90 percent of them an item in the survey would not save a sig- by industry much beyond the 1-digit level urged you to continue collecting the data on nificant amount of money nor significantly and are not seasonally adjusted. The tech- women workers. The CES data are obviously reduce respondent burden, but—on the other nique used here relies on seasonally adjusted the best sources of information on employ- hand—it would seriously impede analysis data with more disaggregation than is avail- ment trends, and are indispensable to any and monitoring of women’s progress in the able from the Current Population Survey analysis of job discrimination against workforce and their contributions to our (CPS)—particularly on a timely basis (that women. economy. is, before the CPS microdata are released). It The Current Population Survey is not an We are supportive of proposed efforts to also requires a long time series, since reces- adequate substitute, since it provides a far pursue optical character recognition (OCR) sions are rare events. CPS data are sparse less accurate view of general employment and Web-based technologies to enhance sur- before the 1980s. trends than the payroll survey. The benefit vey response rates, increase efficiency, and The lack of prior use of the WWS may re- of reducing the burden of the CES survey on save time and money. flect the lack of visibility of the series on employers is miniscule compared to the sig- We agree that such technologies have ad- the BLS website and in news releases. In- nificant damage caused by eliminating the vanced to such a point that they can be rea- deed, Groshen and Potter learned of its exist- data series. sonably incorporated into the survey meth- ence only this fall, when they discovered it In light of the importance of the series and odology. in the Haver Analytics DLX database. De- the broad support for its continuation, I urge The Council welcomes the opportunity to spite their many years of research in labor you to continue to collect and provide these provide the Bureau of Labor Standards our economics, neither had encountered it be- essential data. thoughts and comments on these important fore. With respect and admiration, issues. We look forward to reading the com- In light of our experience and intriguing Sincerely, ments of other organizations and interested recent findings, we do not support elimi- EDWARD M. KENNEDY. parties, and you can be assured that the nation of the WWS. Rather than discontinue Council will closely monitor this most im- an informative series with such a long his- FEBRUARY 16, 2005. portant issue. Knowledge fuels action, and tory, we suggest that the BLS consider high- Ms. AMY A. HOBBY, one cannot responsibly react to and manage lighting its existence among the community Bureau of Labor Statistics, that which is not measured. The BLS has of data users and issuing a periodic release. Washington, DC. played an important role in women’s eco- Use might rise substantially. Such an effort DEAR MS. HOBBY: On behalf of the 505,000 nomic development through the information would be the best way to judge the advis- women business Women Impacting Public published from the CES, CPS and other sur- ability of taking the drastic step of elimi- Policy (WIPP), in accordance with the advi- veys. Again, it is vitally important that gen- nating the WWS at a time when it may be sory authority granted us in Public Law 100– der-disaggregated information continue to particularly useful for understanding current 553, and on behalf of Chair Marilyn Carlson be made available to federal policy makers, macroeconomic phenomena. Nelson and the other members of the Na- to advisory bodies like the National Wom- Thank you for your consideration on this tional Women’s Business Council, I am writ- en’s Business Council, and to the women’s important issue. ing you today to comment upon proposed business community at large. Sincerely, changes to the Bureau of Labor Statistics’ Sincerely, JOSEPH S. TRACY, Current Employment Statistics survey—in JULIE R. WEEKS, Executive Vice President and particular the proposal that the information Executive Director, Director of Research. from this survey no longer be made available Women Impacting Public Policy. Mr. SPECTER. Mr. President, this by gender of worker. amendment would require the Bureau As you may know, the mission of the Na- FEDERAL RESERVE BANK OF NEW YORK, tional Women’s Business Council is to pro- New York, NY, February 22, 2005. of Labor Statistics to continue col- vide advice and counsel to the President and U.S. Bureau of Labor Statistics, lecting data on women workers in the his Administration and to the U.S. Congress Division of Current Employment Statistics, current employment statistic survey. on issues of importance to women business Washington, DC. The PRESIDING OFFICER. Is there owners and their enterprises. In this capac- TO THE BUREAU OF LABOR STATISTICS: This further debate on the amendment? If ity, we conduct research on issues of impor- letter is in response to the request for public not, the question is on agreeing to the tance to the women’s community, commu- comment on the proposed discontinuation of amendment. nicate those findings widely, connect the the Women Workers Series (WWS) from the The amendment (No. 2246), as modi- women’s business community to one another Current Employment Series. Economists in and to federal policy makers, and—in so the Research and Statistics Group at the fied, was agreed to. doing—create positive change for an esti- Federal Reserve Bank of New York recently Mr. HARKIN. Mr. President, I move mated 15.6 million women who are engaged learned of the existence of the WWS and are to reconsider the vote, and I move to in the sole or shared ownership of approxi- currently engaged in research using it to lay that motion on the table.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23733 The motion to lay on the table was that the amendments be within the ju- that, but it is the only way left we can agreed to. risdiction of the Committee on Armed handle this bill. AMENDMENT NO. 2244 Services or relevant to the underlying I hope the two managers can help Mr. SPECTER. Mr. President, I call bill; further, that these amendments be work through these amendments. I up amendment No. 2244. subject to second degrees which are to know they are ready to accept scores of The PRESIDING OFFICER. The be relevant to the amendment to which amendments once we get to this bill. I clerk will report. they are offered; provided further that hope the 12 on each side are amend- The legislative clerk read as follows: first-degree amendments be limited to ments that will be good for the Senate, good for this institution, and, of The Senator from Pennsylvania [Mr. SPEC- 1 hour of debate equally divided in the course, very good for the armed serv- TER], for Mr. DAYTON, proposes an amend- usual form, with any second degrees ment numbered 2244. limited to 30 minutes of debate equally ices of our country. If that is the case, divided; provided further that the only it will be good for our country. Mr. SPECTER. Mr. President, I ask As I have said, this is not a time for unanimous consent that reading of the other amendments in order other than the above-listed amendments be those pointing fingers. I am glad we are here amendment be dispensed with. even though that is not how I wanted The PRESIDING OFFICER. Without managers’ amendments which have been cleared by both managers of the to get here. objection, it is so ordered. Mr. WARNER. Mr. President, I wish The amendment is as follows: bill. I further ask that there be 2 hours of to thank our distinguished two leaders. (Purpose: To provide for the production and general debate on the bill divided be- On behalf of Senator LEVIN and myself, mailing of a corrected Medicare and You we assure our two leaders we will deal handbook) tween the two managers. Finally, I ask consent that at the expiration of that with this expeditiously, with the co- On page 156, line 2, strike ‘‘Funds.’’ and in- operation of the Senate. I am certain sert ‘‘Funds: Provided further, That the Sec- time and the disposition of the above amendments, the bill be read the third we can have an armed services bill this retary, by not later than January 1, 2006, year. This is a nation at war. We have shall produce and mail a corrected version of time and the Senate proceed to a vote no alternative. the annual notice required under section on passage of the bill as amended, if I yield the floor. 1804(a) of the Social Security Act (42 U.S.C. amended, with no intervening action or AMENDMENTS NOS. 2248, 2250, AND 2249, EN BLOC 1395b–2(a)) to each beneficiary described in debate. the second sentence of such section, together The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- with an explanation of the error in the pre- ator from Louisiana is recognized. objection, it is so ordered. vious annual notice that was mailed to such Ms. LANDRIEU. Mr. President, we Mr. FRIST. Mr. President, I am beneficiaries.’’. have several amendments to consider pleased we were finally able to reach a AMENDMENT NO. 2244 this evening. I will be very brief. consent agreement on this very impor- I ask unanimous consent to call up Mr. SPECTER. Mr. President, I ask tant bill that we have attempted to ad- unanimous consent that the pending three amendments, to talk about them dress more fully twice in the past, the in 5 minutes, and then to set a vote amendment be set aside and we call up Defense authorization bill. This will amendment 2244. whenever it is within the purview of allow the Senate to return to the bill the managers: amendment Nos. 2248, The PRESIDING OFFICER. The and complete it in a timely manner, in amendment is currently pending. 2250, and 2249. an orderly manner, with the amend- The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, this ments that are relevant to the issue at amendment requires the Secretary to objection, it is so ordered. hand; that is,the issue of providing for The clerk will report. issue a new ‘‘Medicare & You’’ hand- our armed services. We will look for an The legislative clerk read as follows: book. There are many errors in the appropriate window of time to resume The Senator from Louisiana [Ms. LAN- handbook. The book should be reissued the bill. I believe, under the guidance DRIEU] proposes amendments en bloc num- and mailed out again. This has been of the experienced chairman and rank- bered 2248, 2250, and 2249. cleared on both sides. ing member, we should be able to com- Ms. LANDRIEU. I ask unanimous The PRESIDING OFFICER. The plete that bill within 2 or possibly 3 consent to dispense with the reading. question is on agreeing to the amend- days. The PRESIDING OFFICER. Without ment. I thank everyone for working so hard objection, it is so ordered. The amendment (No. 2244) was agreed to bring us to this point, for their pa- The amendments are as follows: to. tience and cooperation, and allowing us AMENDMENT NO. 2248 Mr. HARKIN. I move to reconsider to go forward with this agreement, and (Purpose: To increase appropriations for the the vote, and I move to lay that mo- I look forward to completion of that Federal TRIO programs for students af- tion on the table. Defense authorization bill. fected by Hurricanes Katrina or Rita) The motion to lay on the table was The PRESIDING OFFICER. The mi- At the end of title III (before the short agreed to. nority leader. title), add the following: Mr. SPECTER. With respect to to- Mr. REID. Mr. President, this is not SEC. ll. FEDERAL TRIO PROGRAMS FOR HURRI- CANE AFFECTED STUDENTS. morrow’s schedule, we will have a clo- the time for protracted debate on why ture vote anticipated to be at 10 (a) ADDITIONAL AMOUNTS FOR FEDERAL we are here, why we are not here. We TRIO PROGRAMS.—In addition to amounts o’clock tomorrow morning. are here. One of the most important otherwise appropriated under this Act, there The PRESIDING OFFICER. The ma- bills this Congress must decide every are appropriated, out of any money in the jority leader is recognized. year is this Defense authorization bill. Treasury not otherwise appropriated, UNANIMOUS-CONSENT AGREEMENT—S.1042 The majority leader and the two $5,000,000 to carry out the Federal TRIO pro- Mr. FRIST. Mr. President, I ask con- managers of the bill, Senator WARNER grams under chapter 1 of subpart 2 of part A of title IV of the Higher Education Act of sent that at a time determined by the and Senator LEVIN, know—because I 1965 (20 U.S.C. 1070a–11 et seq.) for students majority leader, with concurrence of have sent them every letter I have sent affected by Hurricanes Katrina or Rita in the Democratic leader, the Senate will to my distinguished colleague, the Sen- their respective institution of higher edu- resume consideration of S. 1042, the De- ator from Tennessee—I strongly sup- cation. fense authorization bill, and it be con- port the Senate consideration of the (b) OFFSET FROM DEPARTMENTAL MANAGE- sidered under the following limita- Defense authorization bill since it was MENT FUNDS.—Notwithstanding any other tions: All of the pending amendments unanimously passed by the Committee provision of this Act, amounts made avail- be withdrawn and the bill be considered on Armed Services last May. We have a able under this Act for the administration and related expenses for the departmental as follows: the only first-degree amend- lot to do around here. I suggest there is management for the Department of Labor, ments in order be up to 12 amendments nothing more important than taking the Department of Health and Human Serv- to be offered by each of the two leaders care of the U.S. military. This is not ices, and the Department of Education, shall or their designees; provided further the way to handle the bill, I recognize be reduced, on a pro rata basis, by $5,000,000.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23734 CONGRESSIONAL RECORD—SENATE October 26, 2005 AMENDMENT NO. 2250 extra funding to help them at this (Purpose: To fund grants for innovative (Purpose: To provide funding to carry out time. programs to address dental workforce needs) the Mosquito Abatement for Safety and The second amendment has to do At the appropriate place in title II, insert Health Act) with community health centers that the following: SEC. ll. From amounts appropriated to At the end of title II (before the short are going to see, because of the good the Health Resources and Services Adminis- title), add the following: work of the ranking member and the tration, $5,000,000 shall be available to fund SEC. ll. MOSQUITO ABATEMENT FOR SAFETY chairman, an increase of $105 million in grants for innovative programs to address AND HEALTH ACT. a competitive grant—additional money dental workforce needs under section 340G of From amounts appropriated under this Act for community health centers. One of the Public Health Service Act (42 U.S.C. for the Centers for Disease Control and Pre- these amendments takes just 10 per- 246g). vention for infectious diseases-West Nile Ms. COLLINS. Mr. President, 3 years Virus, there shall be transferred $5,000,000 to cent of the increase of $105 million and carry out section 317S of the Public Health directs it to Katrina-Rita areas, as we ago, the Senate enacted and the Presi- Service Act (relating to mosquito abatement have to stand up a new health care sys- dent signed into law the Dental Health for safety and health) with preference given tem for the region. It would be given Improvement Act as part of the health to areas at greater risk of the West Nile out by the Department. Again, it is an- care safety net amendments of 2002. Virus because of the effects of Hurricanes other way to not add money but to just This was legislation authored by the Katrina and Rita. direct and target money that we are al- Senator from Wisconsin, Mr. FEINGOLD, AMENDMENT NO. 2249 ready spending—not taking it away and myself which authorized grants to (Purpose: To require that any additional from anyone but targeting some of the States to help them develop innovative community health center funding be di- increase to our region. dental workforce development pro- rected, in part, to centers in areas affected Finally, the third amendment would grams tailored to their specific needs. by Hurricane Katrina or Hurricane Rita) I rise today to offer an amendment do the same thing for mosquito abate- At the end of title II (before the short with my colleague from Wisconsin to ment. We are hopeful we will not get title), add the following: provide $5 million for this important the avian flu that seems headed our SEC. ll. FUNDING FOR COMMUNITY HEALTH program next year to help States im- way. For those in Louisiana, Mis- CENTERS IN HURRICANE KATRINA prove access to oral health care by OR HURRICANE RITA AFFECTED sissippi, and Alabama, we worry about strengthening the dental workforce in AREAS. the disease that can be spread—West our Nation’s rural and underserved Notwithstanding any other provision of Nile—by mosquitos. Our health offi- communities. law, if the amount appropriated under this cials say the mosquito populations, be- Act for community health centers is more While oral health in America has im- than the amount appropriated for such cen- cause of the extraordinary flooding, proved dramatically over the last 50 ters for fiscal year 2005, then— have increased by 800 percent. Since years, these improvements have not oc- (1) 5 percent of such excess amount shall be October 18, there have been 81 cases curred evenly across all sectors of our directed to establishing or expanding com- and 6 fatalities. Again, my amendment population. Particularly, our low-in- munity health centers in areas affected by takes money that is already designated come families have been left out. An Hurricane Katrina or Hurricane Rita; and and sends $5 million of the $40 million estimated 25 million Americans live in (2) 5 percent of such excess amount shall be to the Katrina-Rita areas. areas lacking in adequate dental serv- directed to community health centers serv- I ask my colleagues to look favorably ing patients affected by Hurricane Katrina ices. Astoundingly, as many as 11 per- or Hurricane Rita. on these three amendments. Again, cent of our Nation’s rural population they are small amounts of money, but Ms. LANDRIEU. Mr. President, first has never been to a dentist. they could go a long way. They do not The situation is exacerbated by the of all, all three of these amendments add money to the deficit. They do not fact that our dental workforce is grow- are small in number but important in take money away from anyone else being older. More than 20 percent of den- scope. Each seeks to take money that cause we are taking a portion of the in- tists nationwide will retire in the next is already appropriated in the under- crease. That portion is based on our decade. The number of dental grad- lying bill and direct and target it, if population in the region. uates by 2015 will not be enough to re- you will, to the gulf coast area for It is quite reasonable. I hope the place these retirees. As a consequence, some extraordinary needs. We have managers will accept them. If not, we many States, particularly rural States been struggling to find a way to pro- can have a vote sometime tomorrow. like mine, are facing a serious shortage vide for the unprecedented natural dis- I yield the floor. of dentists. In Maine, there is one gen- aster that has occurred in the Rita- AMENDMENT NO. 2265, AS MODIFIED eral practice dentist for every 2,300 Katrina areas of Texas, Louisiana, Mis- people in the Portland area. But the sissippi, and Alabama. The PRESIDING OFFICER. The Sen- ator from Maine is recognized. numbers drop off dramatically in other There are many important programs parts of our State. In Aroostook Coun- in this bill that seek to send important Ms. COLLINS. Mr. President, I ask unanimous consent that the pending ty, for example, which is where I am aid around the Nation. There are three from, there is only 1 dentist for every programs I have chosen to bring to the amendments be set aside. The PRESIDING OFFICER. Without 5,500 people. And of the 23 practicing attention of the Senate tonight in very dentists in Aroostook County, only 6 small amounts that could provide great objection, it is so ordered. Ms. COLLINS. I call up amendment are taking on new patients. Moreover, help to the people of our region. at a time when tooth decay is the most 2265, and I send a modification to the One is the TRIO Program, which has prevalent childhood disease in Amer- desk. been extremely successful in helping ica, Maine has fewer than 10 specialists The PRESIDING OFFICER. The first-generation college students to in pediatric dentistry, and virtually all amendment will be so modified. pursue a degree. Of course, we know 80 of them are located in the southern The clerk will report. percent of all jobs in the future will re- part of the State. quire some college. This TRIO Program The legislative clerk read as follows: The Collins-Feingold Dental Health is federally funded but locally led and The Senator from Maine [Ms. COLLINS] and Improvement Act authorized a new has been extremely effective, with Mr. FEINGOLD, propose an amendment num- State grant program administered by great support from Republicans and bered 2265, as modified. the Health Resources and Services Ad- Democrats, the House and the Senate. Ms. COLLINS. I ask unanimous con- ministration that is designed to im- The purpose of my amendment is to sent that the reading of the amend- prove access to oral health services in target $5 million of the money in here ment be dispensed with. rural or underserved areas. toward Katrina-related areas—Katrina- The PRESIDING OFFICER. Without Now, States could use these grants Rita—to make sure our universities objection, it is so ordered. for a variety of programs. For example, and the thousands of students who The amendment, as modified, is as they might use the grant for loan for- have been displaced can have a little follows: giveness or repayment programs for

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23735 dentists practicing in underserved SEC. ll. (a) There are appropriated American women and men—that some- areas. They could also use the grant $3,000,000 to the Office of Inspector General thing other than science is going on at funds to establish or expand to conduct a investigation of the manage- the FDA. It is far past time to get to community- or school-based dental ment of the Food and Drug Administration the bottom of it. That is why tonight I to pursue examples of mismanagement and am offering this amendment which will clinics or to set up mobile or portable promote economy and efficiency in the De- dental facilities. partment. shift $3 million from the Office of the To assist in their recruitment and re- (b) The investigation under subsection (a) Secretary to the Office of the Inspector tention efforts, States could use the shall not include any investigation of a General at the Department of Health funds for placement and support of den- former Commissioner of Food and Drugs, but and Human Services. This funding will tal students, residents, and advanced shall include investigation of the actions by help the inspector general’s office to dentistry trainees. Or they could use the Food and Drug Administration with re- investigate potential mismanagement the grants for continuing education, spect to the over-the-counter application for at the FDA. This investigation will be the drug Plan B. separate from ongoing investigations for distance-based education, and prac- (c) Not later than 60 days after the date of tice support through teledentistry. enactment of this Act, the Inspector General of the former Commissioner, Lester Our amendment is supported by the shall complete the investigation under this Crawford, and it will include, but not American Dental Association, the section and submit a report to the Sub- be limited to, over-the-counter applica- American Dental Education Associa- committee on Labor, Health and Human tion for Plan B. tion, the American Dental Hygienists Services, Education and Related Agencies of Let me be clear: The men and women Association, and other members of the the Committee on Appropriations of the Sen- of the FDA work very hard. They ad- Dental Access Coalition. It is also fully ate on the findings of such investigation. here to the principles of science. They (d) Notwithstanding any other provision of do a job that all Americans can be offset. this title, amounts made available under this There is clearly a need to make our proud of. But their hard work is being Act for the Office of the Secretary shall be undermined and it is overshadowed by oral health care services more acces- reduced by $3,000,000 and transferred to the sible in our Nation’s rural and under- Office of Inspector General to conduct the in- the Agency’s own leadership. If the served communities. vestigation under this section. leadership at the FDA and HHS don’t Again, I end my remarks with what I Mrs. MURRAY. Mr. President, I rise take steps to restore the confidence of think is a troubling and astonishing this evening to offer an amendment American consumers in the FDA’s ability to promote safe and effective treat- statistic; and that is, that 11 percent of that really need not be offered. In fact, ments, then Congress has a duty to rural Americans have never been to the each time I come to the floor of the step in. The health and well-being of dentist. This is a serious public health Senate to talk about Plan B and the the American people should not blow challenge, and this modest investment FDA, I hope it will be the last time. I with the political winds. Caring for the could make a real difference. continue to hope that the FDA or people we represent is an American I urge all of my colleagues to join Health and Human Services will do the issue, and part of that goal is reas- Senator FEINGOLD and me in sup- right thing and finally put science and suring that Americans have access to porting this amendment. safety and efficacy over politics. Unfor- safe, effective medicines in a timely I thank the subcommittee chairman tunately, over the course of the past fashion. and ranking member for working so several years, as you can see by the Time and time again, I, along with closely with us to identify an appro- timeline shown behind me, I, along my colleague, Senator CLINTON of New priate offset. with millions of Americans, have been York, and others, have asked for a de- Mr. President, I yield the floor and disappointed time and time again. cision on Plan B. We have not dictated suggest the absence of a quorum. I have always supported a strong and that we want a yes. We have not dic- The PRESIDING OFFICER (Mr. independent Food and Drug Adminis- tated that we want a no. We have sim- DEMINT). The clerk will call the roll. tration. It is the only way in which the ply said: We want a decision. This con- The legislative clerk proceeded to FDA can truly operate effectively and tinued foot dragging—day after day, call the roll. with the confidence of American con- month after month, year after year—is Mrs. MURRAY. Mr. President, I ask sumers and health care providers. unusual, unwarranted, and unpro- unanimous consent that the order for Americans have to have faith that fessional. This continued delay goes the quorum call be rescinded. when they walk into their local gro- against everything the FDA’s own ad- The PRESIDING OFFICER. Without cery store or their local pharmacy, the visory panel found nearly 2 years ago: objection, it is so ordered. products they purchase are safe, effec- that Plan B is safe and it is effective Mrs. MURRAY. Mr. President, I ask tive, and that their approval has been and should be available over the unanimous consent that the pending based on sound science. counter. There is no credible scientific amendment be set aside. They have to be assured that those reason to continue to deny increased The PRESIDING OFFICER. Without decisions were not based on political access to this safe health care option, objection, it is so ordered. pressure or pandering to interest but there is even less reason to deny an AMENDMENT NO. 2285 groups. That is why the application answer. Mrs. MURRAY. Mr. President, I ask process for Plan B emergency contra- This is not the last word on this unanimous consent that amendment ceptives has been so troubling to me issue. The problem with politics sub- No. 2285 be called up and I ask for its and many others. verting the FDA’s adherence to science immediate consideration. Back in December of 2003, almost 2 and its integrity is so profound and so The PRESIDING OFFICER. The years ago, the FDA’s own scientific ad- urgent, I intend to use every tool avail- clerk will report. visory board overwhelmingly rec- able to me as a Senator to make sure The legislative clerk read as follows: ommended approval of Plan B’s over- that this discussion about our prior- The Senator from Washington [Mrs. MUR- the-counter application by a vote of 23 ities and our future is not lost. RAY] proposes an amendment numbered 2285. to 4. But the FDA has not adhered to I ask my colleagues to do what we Mrs. MURRAY. Mr. President, I ask its own guidelines for drug approval tell the FDA to do, which is to make unanimous consent that reading of the and continues to this day, after all of decisions based on science and safety amendment be dispensed with. these actions, to drag its feet. and efficacy true, and we don’t turn The PRESIDING OFFICER. Without In fact, Alastair Wood, who is a mem- the gold standard we have at the FDA objection, it is so ordered. ber of the advisory panel, said: into a mockery. It would be a dis- The amendment is as follows: What’s disturbing is that the science was service to every citizen, every Amer- (Purpose: To insert provisions related to an overwhelming here, and the FDA is supposed ican who walks into a drugstore and investigation by the Inspector General) to make decisions based on science. counts on the fact that when they buy At the end of title II (before the short It is obvious to me and to many of a drug over the counter or a prescrip- title), insert the following: my colleagues—and to millions of tion, they know it is safe and effective.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23736 CONGRESSIONAL RECORD—SENATE October 26, 2005 This is an urgent matter. That is why My amendment also provides $5 mil- This is a very small investment in I am on the floor to offer my amend- lion for network grants and grants for the future of our Nation’s health care ment, which will simply shift money telehomecare pilot projects. In order to system. I urge my colleagues to sup- from the Office of the Secretary to the be efficient and effective, telemedicine port the amendment. Office of the Inspector General, so we must have strong telecommunication Of all the things we will debate in can get to the bottom of it. networks. this particular bill about how to lower I urge my colleagues to support the In addition to these grants, my health care costs, how to make quality amendment. I yield the floor. amendment provides $2.5 million for health care more available to more The PRESIDING OFFICER. The Sen- grants to State health licensing boards people, the promise of telehealth can ator from South Dakota. to develop and implement cooperative do more to meet that critical objection Mr. THUNE. Mr. President, is there policies that reduce statutory and reg- than almost anything else. This is tak- an amendment pending? ulatory barriers to telehealth. ing state-of-the-art technology and The PRESIDING OFFICER. Yes, S. 1418, the Wired for Health Care thinking, state-of-the-art information there is. Quality Act, introduced by Senator systems and applying them in a way Mr. THUNE. I ask unanimous con- ENZI on July 18, specifically reauthor- that can meet health care needs across sent that the pending amendment be izes Section 330L(b) of the Public the country, not just in rural areas, set aside. Health Service Act, which allows the but also in urban ones. It is high time The PRESIDING OFFICER. Without Secretary of Health and Human Serv- we took advantage of this incredible objection, it is so ordered. ices to make grants to State profes- asset and put it to work for health care AMENDMENT NO. 2193, AS MODIFIED sional licensing boards to reduce statu- needs of Americans. Mr. THUNE. Mr. President, I call for tory and regulatory barriers to tele- Mr. President, I ask unanimous con- the regular order on my amendment medicine. My amendment simply ap- sent to print in the RECORD a letter No. 2193 and would like to speak in sup- propriates funds for this authorization. from the American Hospital Associa- port of that. Last year, the Office for the Advance- tion in support of my amendment. I rise today, along with my col- ment of Telehealth within HRSA was Some examples of the organizations leagues, Senators CONRAD, CRAPO, funded at only $3.9 million. OAT was that support my amendment are the BROWNBACK, TALENT, CHAFEE, and only able to make 14 competitive grant following: Home Care Technology Asso- BURNS, in support of an amendment awards. The budget for this lead agen- ciation of America; Center for Tele- that is pending at the desk that would cy for telehealth has been cut by 1⁄3 medicine Law; Federation of State provide funding to the Office for Ad- over the past 5 years. Medical Boards, Consumer Health Ac- vancement of Telehealth, located Congress spoke when it passed with cess Through Technology Coalition; under the Health Resources and Serv- broad bipartisan support the Health American Telemedicine Association; ices Administration. Care Safety Net Amendments Act of National Rural Health Association; Telehealth is not only an important 2002. It is time to put our money where Northland Healthcare Alliance; Univer- component of health care in rural our mouth is and start to put some real sity of Missouri Health Care; States like South Dakota; it is impor- resources in this area. Northcentral Montana Healthcare Alli- tant to patients and health care pro- Last year, we provided absolutely no ance; Avera McKennan Telehealth Net- viders throughout the United States. funds for the telehealth safety net pro- work; Avera St. Luke’s; Rapid City Re- Telehealth is an innovation that visions. Surely we can find a way to gional Hospital Home Care Depart- promises greater access and higher provide $10 million in the entire budget ment; Horizon Health Care, Inc.; Sioux quality health care with reduced costs. for one of the most promising opportu- Valley Telehealth; Sioux Valley Vis- Telehealth uses telecommunications nities to help control the rising cost of iting Nurses; South Dakota Board of and information technologies to pro- health care. Nursing. vide health care services at a distance. My amendment does not break the There being no objection, the mate- These communications and informa- budget caps. It merely reallocates $10 rial was ordered to be printed in the tion technologies provide people access million for telehealth services from the RECORD, as follows: to quality health care in underserved billions in administrative costs in this AMERICAN HOSPITAL ASSOCIATION, areas. budget. On July 8, 2005 a letter was Three years ago, Congress enacted a October 25, 2005. sent to Chairman SPECTER and Rank- Hon. JOHN THUNE, bill called the Health Care Safety Net ing Member HARKIN on behalf of over U.S. Senate, Russell Senate Office Building, Amendments Act of 2002. This legisla- 200 individuals and telehealth organiza- Washington, DC. tion was approved unanimously in the tions across the country, supporting an DEAR SENATOR THUNE: The American Hos- Senate and passed the House with only increase in funding for telehealth. pital Association, on behalf of our 4,800 mem- five dissenting votes. Section 211 of the My amendment answers their call for ber hospitals, health systems and other bill provided the authority for Con- funding and wider adoption of telehealth care organizations, and our 33,000 in- gress to fund at least $60 million for dividual members, is pleased to support your health. amendment to the fiscal year (FY) 2006 certain telehealth activities. Telehealth has the promise of deliv- Labor, Health and Human Services, and Edu- Sadly, 3 years have passed and Con- ering quality, efficient health care to cation appropriations bill adding $10 million gress has yet to appropriate a dime for individuals in remote, isolated or even for telehealth activities authorized by the these important provisions. My amend- devastated areas. Telehealth applica- Health Care Safety Net Amendments of 2002. ment provides $10 million for the tele- tions have been proven effective in ex- We applaud your effort to fund these activi- health activities authorized by the 2002 tending medicine’s reach to under- ties, which can play a vital role in increasing Health Care Safety Net Amendments. served areas across the Nation. access to health care services for under- This is one-sixth of the authorized The $10 million provided by my served rural and urban populations. Congress overwhelmingly passed the amount and less than one percent— amendment, while modest, will have an Health Care Safety Net Amendments, and in one-seventh of one percent—of the impact on almost every health activity doing so authorized more than $80 million in budget for HRSA. in this giant bill. grants to help providers overcome technical, Specifically, my amendment would Additionally, my amendment is fully legal, regulatory, and service delivery bar- appropriate $2.5 million for the devel- offset by reducing the departmental riers to implementing telehealth programs. opment of 10 telehealth resource cen- management accounts of the Depart- Several urban and rural hospitals would be ters. These centers, two of which are ment of Labor, the Department of among those who would benefit from these required to be located in a State with Health and Human Services, and the grant programs, which, unfortunately, have never received funding. less than 1.5 million people, would help Department of Education pro rata by Your amendment will provide a vital down- assist the telehealth community in .0065 percent. The Congressional Budg- payment toward the resources needed to im- breaking down barriers to the adoption et Office has declared this amendment plement telehealth programs. These proof telehealth. as budget neutral. grams have the potential to expand access to

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23737 health care services, improve training of The amendment is as follows: crease support for our students though health care providers, and expand the qual- (Purpose: To prohibit funding for the sup- the Pell Grant Program. ity of available health information. As a report, development, or distribution of the LIHEAP sult, hospitals will be better able to over- Department of Education’s e-Language Mr. NELSON of Nebraska. Mr. Presi- come many of the barriers to telehealth Learning System (ELLS)) technology adoption and work to further im- dent, due to skyrocketing home energy At the end of title III (before the short prove the safety net for underserved popu- prices, millions of low-income house- title), insert the following: lations, as envisioned by the Health Care holds are facing an imminent heating ll Safety Net Amendments. SEC. . PROHIBITION REGARDING THE E-LAN- GUAGE LEARNING SYSTEM. emergency this winter. The Depart- We look forward to working with you and Notwithstanding any other provision of ment of Energy projects the average your colleagues to ensure passage of this im- this Act, none of the funds made available family to incur heating costs of $1,099 portant amendment. under this Act shall be used to support, de- or more this winter; an increase of 30– Sincerely, velop, or distribute the Department of Edu- 48 percent over last year’s heating RICK POLLACK, cation’s e-Language Learning System Executive Vice President. bills. (ELLS). This is a concern, as volatile and AMENDMENT NO. 2193, AS FURTHER MODIFIED Mr. ENSIGN. Mr. President, I yield record-high energy costs will inevi- Mr. THUNE. Mr. President, I send a the floor. tably lead to an increase in the number modification to my amendment to the AMENDMENT NO. 2213 of missed mortgage payments and fore- desk and ask for its consideration. Mr. OBAMA. Mr. President, I rise The PRESIDING OFFICER. Without closures. today to express my disappointment in LIHEAP is a very positive, effective objection, the amendment is further the failure of this body to approve an partnership between the Federal Gov- modified. amendment offered yesterday by Sen- ernment, State governments and the The amendment, as further modified, ator KENNEDY to increase the financial private sector. is as follows: support provided to students though Leveraging private dollars to supple- At the end of title II (before the short the Pell Grant program. ment Federal dollars, LIHEAP has title), add the following: Pell Grants represent by far the larg- proven that successful relationships SEC. ll. TELEHEALTH. est source Federal grant aid for post- can exist between the government, (a) APPROPRIATION.—Of the amounts appropriated to the Health Resources and Services secondary education and provide nec- businesses, gas and electric utilities Administration, $10,000,000 shall be to carry essary financial support for many stu- and community-based social service or- out programs and activities under the Health dents. My support of this amendment ganizations. Care Safety Net Amendments of 2002 (Public echoes the first piece of legislation I While States, local governments and Law 107–251) and the amendments made by introduced in the Senate and a promise the private sector have demonstrated such Act, and for other telehealth programs I made during my Senate campaign. their capacity to develop programs to under section 330I of the Public Health Serv- That promise, and that legislation, was address some energy assistance needs, ice Act (42 U.S.C. 254c–14), of which— the Higher Education Opportunity collectively these programs cannot (1) $2,500,000 shall be for not less than 10 meet the demand for LIHEAP assist- telehealth resource centers that provide as- through Pell Grant Expansion Act of sistance with respect to technical, legal, and 2005, S.697—the HOPE Act. My state- ance. The need for energy assistance regulatory service delivery or other related ment today expresses my continuing continues. However, we must ensure barriers to the deployment of telehealth efforts on behalf of students who need that we are addressing this assistance technologies, of which not less than 2 centers our support to continue their edu- in a fiscally responsible way. shall be located in a rural State with a popu- cation. That is why, along with Senator CAR- lation of less than 1,500,000 individuals; Many students know that realizing PER, I have filed an amendment to pro- (2) $5,000,000 shall be for network grants their dreams depends on a college divide an offset for funding for LIHEAP. and demonstration or pilot projects for ploma, and, for many, the chance to Specifically, my amendment in- telehomecare; and creases the amount in the LIHEAP pro- (3) $2,500,000 shall be for grants to carry out earn that diploma is dependent on the programs under which health licensing Pell Grant program. As students dream gram by $1.6 billion. boards or various States cooperate to de- of that diploma, they also worry about Because of the severe budget deficits velop and implement policies that will re- how to pay for it. The statistics con- this country is facing today, I feel like duce statutory and regulatory barriers to firm their worries. College tuition is wherever practical, we need to consider telehealth. rising almost 1 percent a year, and over offsets. (b) OFFSET.—On page 137, line 9 strike the last 25 years, it’s gone up more That is why my amendment offsets $480,751,000 and insert $470,751,000. than fivefold. Because of these rising this increase by using 3 changes in tax Mr. THUNE. I thank the Chair and prices, over 200,000 students were priced policy that have passed the Senate on yield the floor. out of college altogether just last year. numerous occasions—most recently as The PRESIDING OFFICER. The Sen- Today, need-based Pell Grants are part of the Highway bill this past May. ator from Nevada. used by 5.3 million undergraduate stu- Unfortunately, these offsets were AMENDMENT NO. 2300 dents, and 85 percent of these grants go stripped in conference, which is why Mr. ENSIGN. Mr. President, I ask to families earning less than $40,000. they are once again available for our unanimous consent that the pending Over too long of a period, the amount use here to pay for additional funding amendment be set aside. of these awards has not kept up with for LIHEAP. The PRESIDING OFFICER. Without the spiraling price of tuition or even I am very hopeful my amendment objection, it is so ordered. with the rate of inflation. As a result, will clear all necessary procedural hur- Mr. ENSIGN. I call up amendment the current $4,050 Pell Grant maximum dles to be considered on the Labor HHS No. 2300. is insufficient. appropriations bill. I will continue to The PRESIDING OFFICER. The This amendment would have raised encourage my colleagues to support a clerk will report. that amount to $4,250, and represented responsible offset for LIHEAP funding The assistant legislative clerk read one step toward making college more now and in the future. This is a critical as follows: affordable for those students who have program, but we are also facing a crit- The Senator from Nevada [Mr. ENSIGN], for worked hard to keep alive their hope of ical time with our budget and in- himself, Mr. WARNER, and Mr. ALLEN, pro- earning a college diploma. Even in this creased deficit spending—both are seri- poses an amendment numbered 2300. time of shared sacrifice, I believe we ous issues that require serious solu- Mr. ENSIGN. I ask unanimous con- must continue to support those hopes tions. sent that reading of the amendment be and the students who deserve a chance AMENDMENT NO. 2212 dispensed with. to turn them into reality. This remains Mr. OBAMA. Mr. President, I would The PRESIDING OFFICER. Without a priority for me. Despite yesterday’s like to speak on an amendment to H.R. objection, it is so ordered. vote, I will continue to work to in- 3010 that I was proud to introduce with

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23738 CONGRESSIONAL RECORD—SENATE October 26, 2005

the support of Senator DURBIN. This MORNING BUSINESS his, and he was a mentor of many amendment increases funding for a pro- Mr. FRIST. I ask unanimous consent Latinos. As part of this effort, he co- gram in the Department of Education there now be a period of morning busi- founded the Congressional Hispanic that has proven success in improving ness with Senators permitted to speak Caucus Institute. To this day, this or- student behavior and school climate in for up to 10 minutes each. ganization is bringing a new generation thousands of schools across the coun- The PRESIDING OFFICER. Without of talented Latinos into the political try: Positive Behavioral Interventions objection, it is so ordered. system and supporting them as they and Support. f follow in Ed’s footsteps. A problem I hear about from teachers I served on his Aging Committee. His TRIBUTE TO CONGRESSMAN fingerprints are all over the last major all the time is that disruptive students EDWARD R. ROYBAL slow down the rest of the class, and can immigration bill we had here. I went to turn our schools into places unworthy Mr. REID. Mr. President, it was a Ed Roybal to find out how I should of our most precious resource—our great privilege for me to serve in the vote. I had great confidence in his in- children. To help teachers in doing House of Representatives. I loved my tegrity. their important work of educating our job in the House for a lot of reasons, I wish we could all have known Ed as children, I propose that we expand an one of which is I got to know a man by I felt I knew him. Everyone in Govern- innovative program, already being used the name of Ed Roybal real well. Con- ment should have known Ed Roybal. in states such as Illinois, that teaches gressman Ed Roybal died Monday. I He, to me, was a shining example of will sure miss him. My thoughts and students about positive behavior and what Government is all about: selfless, my prayers are with his wonderful fam- expects the adults in our schools to set compassionate, committed to equality. ily. He lent his voice and his life to making the same high standards for behavior For those of us who knew him, it is a as they do for achievement. the American dream a reality for ev- time to reflect and really be sad. I re- eryone. This system is called Positive Behav- member Congressman Roybal as a very On a more personal level, he loved to ioral Interventions and Supports. PBIS quiet man, with an unwavering com- come to Las Vegas. He loved Las is designed to deal with discipline prob- mitment to justice and compassion. He Vegas. I talked with his daughter, Lu- lems in a research-based, experi- was not much for giving speeches, but cille, yesterday and reminded her of mentally-verified way, based on one he was much for getting work done. He that. She said: Yes, but he always left simple premise: stop problem behavior worked tirelessly over the past four his credit cards at home. He only took before it starts. The problem might be decades on behalf of the poor, the el- enough money so he could have a good a general lack of discipline, increasing derly, those who are disenfranchised. time. He would be there for me. He did school violence, or a loss of instruc- To get a glimpse of the kind of man Hispanic conferences for me. He did tional time because of behavioral he was, here he is, a senior Member of Aging Committee hearings. He was al- issues. PBIS has shown that schools the House of Representatives, chair- ways there for me. benefit from unified and efficient inter- man of the Aging Committee, and one I know how proud he was of his ventions that specifically teach, model, of the leaders on the Appropriations daughter, Congresswoman Lucille Roy- and reward good behavior, while pro- Committee. My dear wife became ex- bal-Allard. She has taken up his cause, viding consequences for problem behav- tremely ill, and she spent more than a so his legacy lives on in her work. But ior. month at UCLA Medical Center. I had the burden does not fall only on her; it just been elected to the Senate. I would Kids are smart. When a school has falls on us all. fly from here to L.A. Ed Roybal would clear and effective expectations, agreed When he died, opportunity lost one of meet me at the airport and drive me to to by the adults in the school, they re- its greatest champions. It is up to all the hospital. That is the kind of guy he spond positively. When the expecta- of us to pick up on his absence and con- was. tions are disputed and ineffective, kids tinue opening doors and building an exploit the situation. He was always there for the people of California, just like he was there for America that works for everyone. PBIS shows positive results. At one his friend from Nevada. For the people Mrs. FEINSTEIN. Mr. President, I school in Illinois, when PBIS was im- of California and this country, he rise to pay tribute to a great Amer- plemented, suspensions decreased 85 fought to increase educational, polit- ican, former Congressman Edward Roy- percent, there was more time for teach- ical, and economic opportunities. bal, who passed away on October 24, ing, and student test scores increased. As an advocate for Hispanics, he had 2005, at the age of 89. It makes sense: with fewer disruptions, no peer. He was a pioneer and a relent- My heartfelt sympathy goes out to students can stay on task more, and so less leader. When he was young, Ed his family, especially to his daughter, learn more. Successes such as these Roybal created an organization called my friend and colleague, Congress- have been replicated in thousands of Community Service Organization. This woman LUCILLE ROYBAL-ALLARD. schools across the country. group began a crusade against dis- As his friends and family gather to Today, I am proposing that we ex- crimination in housing, employment, pay tribute and celebrate Ed’s remark- pand our support for this technical as- and education and also conducted voter able life, I ask all of my colleagues to sistance program in the Office of Spe- registration and get-out-the-vote join with me in paying tribute to the cial Education Programs at the De- drives within the Latino community. memory of this outstanding public partment of Education. PBIS has prov- It is my understanding that he was servant. en itself, and has already been adopted the first Hispanic elected to the Los Ed Roybal devoted over 50 years of by many schools. Let’s give all our Angeles City Council—if not, he was his life to public service, 30 of those children the benefit of high expecta- one of the first. He was elected to Con- years as a Member of the House of Rep- tions and supports for good behavior. gress in 1963, the first Hispanic from resentatives from 1962 to 1992. During Let’s give all our schools the oppor- California to serve since 1879. When he that time, Ed was a steadfast advocate tunity to adopt this system. Let’s sup- came to Washington, Ed Roybal was on behalf of those without a voice. port our kids by supporting PBIS. one of the few people fighting for the His long and distinguished career in progress of Latinos. There was no Con- public service began in 1942. Having re- I urge my colleagues to support this gressional Hispanic Caucus when he ar- turned to Los Angeles, upon comple- amendment. rived, so he created one. It was founded tion of military service, he became a Mr. FRIST. Mr. President, I ask by Ed Roybal. Later in 1976, he helped director of health education for the Los unanimous consent that the order for create the National Association of Angeles County Tuberculosis and the quorum call be rescinded. Latino Elected and Appointed Officials. Health Association. The PRESIDING OFFICER. Without Getting more Hispanics involved in In 1949, he established the Commu- objection, it is so ordered. the political process was a passion of nity Service Organization to advocate

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23739 for the rights of minorities in the areas in a district that was remarkably di- throughout her life, she demonstrated of housing, employment, and edu- verse and included Boyle Heights, immense courage in her quest to cation. That same year, he was elected Bunker Hill, Civic Center, Chinatown, achieve equality for all Americans. to the Los Angeles City Council where Little Tokyo, and the Central Avenue On December 1, 1955, Mrs. Parks he served until 1962. District. Though he lost this race, he made a decision that altered the course When Ed was first elected to the returned in 1949, winning in the same of American history. When asked by House of Representatives in 1962, he district. In part, his victory was based the driver of a Montgomery, AL, bus to was the first Hispanic from California on a well organized effort to register give up her seat to a white man, Mrs. to serve in Congress since the 1879 elec- Latino voters in the district. With this Parks refused. She was, she later stat- tion of Romualdo Pacheco. victory, he became the first Latino to ed, ‘‘tired of giving in.’’ By refusing to During his three decades of service in serve on the Los Angeles City Council give in any longer, Mrs. Parks took a the House, Ed worked tirelessly to pro- since 1881. He would serve on the coun- stance that required uncommon levels tect the rights of minorities, the elder- cil until 1962, when he was elected to of courage and principle. With this sin- ly, and the physically challenged. the U.S. Congress. gle act, Mrs. Parks effectively kicked- Together with Senator Ralph Yar- When he took his seat in the House of off the modern civil rights movement borough of Texas, he championed the Representatives in Washington, DC, Ed and changed America forever. 1968 Bilingual Education Act to assist Roybal remembered his constituents In response to Mrs. Parks’ refusal to the Nation’s schools in meeting the and his roots. He worked tirelessly to leave her seat and her subsequent ar- educational needs of children who ensure that Latinos were represented rest, the African-American community come from non-English speaking and that their interests were not di- in Montgomery, led by the Reverend homes. Later, he worked to establish a luted by redistricting changes. He Dr. Martin Luther King, Jr., organized Cabinet Committee on Opportunities often stood alone in these efforts. the Montgomery Bus Boycott. For 381 for Spanish- speaking people. Ed Roybal was also a tireless advo- days, members of the African-Amer- Ed Roybal was a national leader for cate for the elderly, and the working ican community stood in solidarity the Latino Community. In 1976, he be- poor. He served as chairman of both with Mrs. Parks, refusing to utilize the came one of the founding members of the Select Committee on Aging and the bus system until the law legalizing seg- the Congressional Hispanic Caucus and Subcommittee on Health and Long regation in public buses was lifted. Ul- served as its first chairman. Ed also played an important role in Term Care, guiding legislation on timately, Mrs. Parks took her case to the passing of legislation to outlaw age health care, Social Security, housing the U.S. Supreme Court, where laws discrimination, and he worked for nu- and human services. He also helped to permitting segregated bus service were merous benefits and opportunities for establish important programs in south- deemed unconstitutional. Because of those with handicaps. ern California, including scholarship Mrs. Parks, no African-American Ed also continued to champion programs at local colleges and univer- would ever be forced to move to the healthcare issues throughout his career sities. back of the bus again. in Congress. He led efforts to fund In 1992, Ed Roybal was fourth in se- In addition to the Supreme Court de- America’s first AIDS research and niority in the House of Representatives cision, Mrs. Parks’ actions, and the treatment programs and was instru- and known as a legislator’s legislator, boycott that followed her arrest, in- mental in renewing legislation to pro- crafting and passing landmark legisla- jected a tremendous amount of energy vide medical service to people with tion. It was then that he opted for re- into the Civil Rights Movement. Her Alzheimer’s disease. In recognition of tirement, with his daughter, LUCILLE actions helped make Americans all his leadership on health care issues, ROYBAL-ALLARD, running for and win- over the country aware of the exten- the county of Los Angeles opened the ning his seat. A generation of Latino sive injustices African Americans were Edward R. Roybal Clinic in East Los leaders have followed in Ed Roybal’s forced to endure. A catalyst for similar Angeles in 1976. steps, including his daughter. It is very protests throughout our Nation, Rosa Over the course of his life, Ed co- fitting that Congresswoman ROYBAL- Parks and the Montgomery bus boy- founded several other organizations to ALLARD’s office can be found in the Ed- cott served as a model for the non-vio- increase civic participation of His- ward R. Roybal Federal Building in lent protests that were central to the panics, including the National Associa- downtown Los Angeles. I ask my col- civil rights movement and contributed tion of Latino Elected Officials and the leagues to join me in sending my deep- heavily to its ultimate success. Mexican American Political Associa- est condolences to Congresswoman Mrs. Parks’ commitment to equality tion. ROYBAL-ALLARD and her family on for all Americans did not begin, or end, Ed Roybal was a true leader and pio- their personal loss. on the bus that day in 1955. After neer for the City of Los Angeles, the California and its leadership have un- marrying Mr. Raymond Parks, who State of California, and for the na- dergone remarkable changes since Ed was also active in civil rights causes, tional Latino community. I feel very Roybal first ran and won a seat on the she became a member of the Voters’ lucky to have known him. I know my Los Angeles City Council in 1949 and League. In December 1943, Mrs. Parks colleagues join me in extending to his was later elected to Congress in 1962. became a secretary for the Mont- family our deepest sympathy and con- Following his leadership and example, gomery branch of the National Asso- dolences. He will be greatly missed. Latinos are represented in the Con- ciation for the Advancement of Colored Mrs. BOXER. Mr. President, Cali- gress, in the state legislature and lead People. Later in life, Mrs. Parks found- fornia and the Nation have lost a our most populous cities. And people ed the Rosa and Raymond Parks Insti- unique leader with the passing of across our Nation who depend on So- tute for Self Development. Created in former Congressman Ed Roybal. cial Security, who need medical care honor of her husband, this institute in- In 1922, Ed Roybal moved to Los An- and who work for fair and representa- forms younger Americans of their his- geles from New Mexico with his par- tive elections can be grateful today for tory, running ‘‘Pathway to Freedom’’ ents. He graduated from Roosevelt Ed Roybal’s vital service to our Na- bus tours that travel to important civil High School and attended UCLA before tion. rights and Underground Railroad sites going off to fight in World War II. f across the country. When he returned from the war, he re- Mr. President, our Nation has lost a turned to Los Angeles and joined the IN MEMORY OF ROSA L. PARKS great daughter and an American icon County’s Department of Health Edu- Mr. SANTORUM. Mr. President, I with the passing of Mrs. Rosa Parks. cation in its County Tuberculosis and rise today in recognition of the passing My deepest sympathies go out to her Health Association. of a great American, Mrs. Rosa L. family, friends, and all who were fortu- In 1947, Ed Roybal decided to run for Parks. Mrs. Parks was a woman of dig- nate enough to know and love this a seat on the Los Angeles City Council nity, spirit and conviction, and wonderful woman. While America will

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23740 CONGRESSIONAL RECORD—SENATE October 26, 2005 surely miss her, the legacy of Rosa In 1957 she and her husband moved to world’s great superpower from behind Parks, who changed the face of our Na- Detroit, MI, where they remained ac- stone walls and groves of oak trees. tion and inspired generations of activ- tive in the NAACP and the Southern Dred Scott would stand before the ism, will live on for years to come. Christian, Leadership Conference, United States Supreme Court, just Mrs. BOXER. Mr. President, I rise to SCLC. In 1965, she went to work for down the hall from where we stand pay tribute to the inspired life of an Congressman John Conyers, Jr., a civil today and assert that because he had American icon, Rosa Parks, who died rights leader, managing his Detroit of- lived in free territory he was not prop- on Monday, October 24, 2005 in Detroit, fice. erty, but a person entitled under God— MI, at the age of 92. In 1987, in honor of her husband, she with unalienable rights. Though he lost Rosa Parks is often called the founded the Rosa and Raymond Parks his case, he galvanized the Northern ‘‘Mother of the Civil Rights Move- Institute for Self-Development in order states to fight a civil war for a Union ment’’ because of her courage in refus- to motivate youth to reach their full based on freedom. ing to give up her seat in the black sec- potential through the philosophy of On December 1, 1955 Rosa Parks ‘‘sat tion of a Montgomery, AL, bus to a ‘‘Quiet Strength.’’ down’’ for her principles in Mont- white man. Her refusal to tolerate ra- Parks remained active into her 80s, gomery, AL. She was arrested, tried, cial prejudice paved the way for the speaking to civil rights groups and ac- convicted, and assessed a fine of $14 civil rights gains that followed. cepting awards, including the Martin and $3 in court costs. Her actions pre- On December 1, 1955, Parks was a Luther King, Jr. Nonviolent Peace cipitated the Montgomery bus boycott tired seamstress on her way home from Prize, the Presidential Medal of Free- that lasted more than a year. That work, sitting at the front of the section dom and the Congressional Gold Medal. event brought young Dr. Martin Luther reserved for black bus riders. When the I had the honor and privilege of King, Jr. to national prominence. As bus started to fill up, Parks refused to meeting this incredible woman in the someone has said, if it were not for give up her seat after the bus driver de- 1990s. She was dignified, brave and an Rosa Parks, we might never have heard manded she move despite the fact that inspiration to me and generations of of Dr. King. three fellow black people moved from Americans who care about equality, She stood as an example then and she their seats. freedom and human dignity. Parks said Parks was arrested and fined $14.00 does today. Perhaps we are too quick it best in the following statement: ‘‘To for disorderly conduct and violating a to see an injustice and run to the this day I believe we are here on the city ordinance. Parks’ family was har- Courthouse or the Statehouse or the planet Earth to live, grow up and do assed after the bus incident and she TV station. The wisdom of our Found- what we can to make this world a bet- was fired from her job as a seamstress. ers was that a single person armed To protest Parks’ arrest and bus seg- ter place for all people to enjoy free- with the truth is a majority. regation, the African American com- dom.’’ Legislation we passed in the Congress munity formed the Montgomery Im- Rosa Parks showed us that one per- has been crucial: the Civil Rights Act, provement Association, headed by the son can change history and make a dif- the Voting Rights Act, and a series of young minister of the Dexter Avenue ference by taking a principled stand more measures right into our own dec- Baptist Church, Dr. Martin Luther against injustice. Her legacy also ade. Obviously, vigorous enforcement King, Jr. The group organized a suc- teaches us that we must fight against of those statutes is essential. But if cessful 381-day boycott of the bus sys- continued inequality in America and citizens push their own responsibility tem during which time African Ameri- around the world. We must never give for social justice off on government, we cans in Montgomery walked, took taxi- up. will not have the change we seek. cabs and formed carpools. The boycott Mr. COLEMAN. Mr. President, the We need to speak up for equality took quite a toll on the finances of the passing of Rosa Parks is an important when we hear a racially oriented joke. bus system and provided a model for occasion for us to remember her life We need to challenge the status quo successful nonviolent resistance and understand in a deeper way how and bring up the subtle forms of racism against racism in the U.S. history changes America. While we that stereotype or demean or set low The boycott ended on November 13, grieve the loss for her family, every expectations for people. We need to 1956, after the U.S. Supreme Court American should be grateful that open our mouths to challenge the pho- upheld a lower court ruling that Mont- someone like her lived among us. bias, misconceptions and prejudices gomery’s segregated bus system was As we look at the challenges and in- that block the progress of people based unconstitutional. However, it wasn’t justices of the world around us, we on race, gender, age, creed or dis- until the 1964 Civil Rights Act that all often ask the question: how can we ability. public places in the U.S. were deseg- change the world? I think we often The Rosa Parks history reminds me regated. look in the wrong place for change. We of President Lincoln’s reported remark Of her refusal to move, Parks said, ‘‘I look to big government, big business, when he met Harriet Beecher Stowe, only knew that, as I was being ar- big entertainment or big publishing to author of Uncle Tom’s Cabin: ‘‘So this rested, that it was the very last time bring about change. But when we look is the little woman who started this that I would ever ride in humiliation of at history, almost every big change big war.’’ this kind.’’ started small. In America, there are no ‘‘ordinary Rosa Parks was born Rosa Louise The arrival of a few dozen Pilgrims people.’’ Every one of us has the power McCauley in Tuskegee, AL, on Feb- on the North American continent was to bend history in the little circle of ruary 4, 1913, to James McCauley, a not newsworthy in 1620. I doubt that people around us, and we never know carpenter, and Leona Edwards the battles of Lexington and Concord when one act of principle will com- McCauley, a teacher. In 1932, at the age made the London Times in April of mence a movement of historical sig- of 20, she married Raymond Parks, a 1775. The arrival of Dred Scott at Ft. nificance. barber, and they remained married Snelling in the free territory of Min- On the steps of the Alabama State until his death in 1977. She attended nesota was not a big local event. But Capitol building, not far from Rosa Alabama State College, worked as a all three were part of something his- Parks’ bus stop, Dr. King gave a speech seamstress and housekeeper, and was torically big that changed the world in 1965. It summed up what Rosa Parks active in the National Association for and our lives dramatically. was all about, and what we each one of the Advancement of Colored People, The Pilgrims created a fabulously us ‘‘ordinary Americans’’ should be NAACP, and the Montgomery Voters idealistic vision of a new form of soci- about. He said: League to register and empower black ety which attempted to rise above cor- Let us therefore continue our triumphal voters. In 1943 she was elected Sec- ruption and create a ‘‘shining city on a march to the realization of the American retary of the Montgomery Chapter of hill.’’ The farmers and townspeople of dream . . . for all of us today, the battle is in the NAACP. eastern Massachusetts challenged the our hands. The road ahead is not altogether

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23741 a smooth one. There are no broad highways She served the United States as an Mr. SHELBY. Mr. President, I agree that lead us easily and inevitably to quick aide to U.S. Congressman JOHN CON- with what my colleague from Maryland solutions. We are still in for a season of suf- YERS, a great civil rights leader in his has said. SAFETEA is the culmination fering How long? Not long. Because no lie own right, for many years. of many years of work by the commit- can live forever . . . our God is marching on. In the last years of her life, Mrs. tees of jurisdiction, who held dozens of Mr. SALAZAR. Mr. President, I rise Parks was recognized for her role in hearings with transportation stake- to honor the life of Rosa Parks, a true our country’s history. holders to share ideas on how to re- American hero. She received the Presidential Medal spond to our nation’s transportation I was proud to be a cosponsor of S. of Freedom, awarded to civilians mak- needs. I believe that SAFETEA made Res. 287, introduced by my colleagues, ing an outstanding contribution to some very important improvements to Senator LEVIN and Senator STABENOW American life in 1996. In addition, our previous transportation law and and passed unanimously last night, President Clinton presented Mrs. Parks struck a good balance between the var- which pays tribute to Mrs. Parks’ ac- with the Congressional Gold Medal, the ious modes, and I hope to see those complishments and expresses the Sen- Nation’s highest civilian honor, in 1999. changes reflected in this appropria- ate’s condolences on the occasion of Despite the international attention tions legislation when it emerges from her passing. and acclaim she received and the many the conference committee. When I heard of Mrs. Parks’ death lectures and addresses she gave as a Mr. BOND. Mr. President, I agree late Monday night, I was reminded public figure, Mrs. Parks has been de- with my colleagues that SAFETEA–LU that each of us has the ability to scribed as quiet and reserved by her is a carefully crafted approach to meet- change the course of this country, to friends, co-workers and those who ing our surface transportation needs, shape our shared destiny, and to bring knew her best. and will have a historic impact on us closer to being the Nation we aspire When she spoke, she spoke with a transportation programs in my State to be. Rosa Parks’ role in our America purpose. of Missouri and across the country. I in progress can not be overstated. She was indeed the mother of the will make every effort to see that the Her single act of defiance drew inter- civil rights movement, and her passing final conference report on this legisla- national attention. More importantly, marks the end of an era that changed tion will honor the agreements reached her action set in motion the modern the landscape of America. in SAFETEA–LU between the various civil rights movement and eventually Today, I honor the courage and wis- modes of transportation. led to the passage of the Civil Rights dom of Mrs. Parks. f Act of 1964 and the Voting Rights Act I thank her for inspiring countless LOCAL LAW ENFORCEMENT of 1965. generations to dream of an America, Almost 50 years ago, in Montgomery, ENHANCEMENT ACT OF 2005 and a world, that respects and includes AL, Mrs. Parks directly confronted all of its citizens. Mr. SMITH. Mr. President, I rise Jim Crow, when she refused to give up today to speak about the need for hate her seat to a white passenger riding on f crimes legislation. Each Congress, Sen- the city’s bus. SAFETEA–LU ator KENNEDY and I introduce hate At the time, Mrs. Parks was working Mr. SARBANES. Mr. President, on crimes legislation that would add new as a seamstress for the Montgomery August 10 of this year the President categories to current hate crimes law, Fair Department Store. And she had signed into law the Safe, Accountable, sending a signal that violence of any been working to help build a better Flexible, Efficient Transportation Eq- kind is unacceptable in our society. America long before her famous act of uity Act: A Legacy for Users, known as Likewise, each Congress I have come to courage on that bus. SAFETEA–LU. This new multi-year re- the floor to highlight a separate hate She had been actively involved in the authorization of our Nation’s surface crime that has occurred in our coun- local chapter of the National Associa- transportation programs represents a try. tion for the Advancement of Colored On February, 25, 2005, Thomas Stock- carefully balanced package intended to People, NAACP, serving as an officer. well was on the campus of North Caro- address the needs of our roadways and She had assisted the NAACP in voter lina at Chapel Hill, when six men at- transit systems. The Chairman of the registration drives and attended orga- tacked him. Before chasing Stockwell Transportation-Treasury-HUD Appro- nizing trainings at the Higlander Folk down the street and beating him up, priations Subcommittee, in his role as Center, an educational center for work- the men were heard yelling sexually Chairman of the Transportation and ers’ rights and racial equality in Ten- derogatory slurs at him. According to Infrastructure Subcommittee on the nessee. reports, the motivation for the attack Years later, when recalling her ac- Environment and Public Works Com- was Stockwell’s sexual orientation. tions and her subsequent arrest, Mrs. mittee, was instrumental in striking I believe that our Government’s first Park had this to say: that balance. As the Chairman has rec- duty is to defend its citizens, in all cir- ognized, the Transportation-Treasury- At the time I was arrested I had no idea it cumstances, from threats to them at would turn into this. It was just a day like HUD Appropriations bill for fiscal year home. The Local Law Enforcement En- any other day. The only thing that made it 2006 was reported by the Appropria- hancement Act is a major step forward significant was that the masses of the people tions Committee prior to passage of in achieving that goal. I believe that joined in. SAFETEA–LU, and therefore does not by passing this legislation and chang- However, that one day catapulted her fully reflect the agreements reached in ing current law, we can change hearts to a leadership role in the civil rights that piece of legislation. To take one and minds as well. specific example, it does not fund the movement and began the great 381 day f Montgomery boycott of the bus system Federal transit program at the level by African Americans and others dedi- authorized by SAFETEA–LU for fiscal ELECTIONS IN HAITI cated to equal rights. year 2006, falling $400 million short. Mr. LEAHY. Mr. President, I rise to A young 26-year old Baptist minister, The funding levels in SAFETEA–LU express my strong concern regarding Reverend Martin Luther King Jr., or- were the product of a great deal of ne- the political and economic situation in ganized the boycott. gotiation, and I greatly appreciate the Haiti and the effect this will have on Throughout her life, Rosa Parks re- contributions my colleague from Ala- the upcoming elections in that coun- mained a committed civil rights activ- bama and my colleague from Missouri try. The events of the last few months ist. made to that discussion. I hope that in in Haiti have been dispiriting for those In the 1980s she worked in the anti- this, the first year of SAFETEA–LU’s who have long sought stability and apartheid movement, and opened a ca- authorization, the agreements reached progress in that country. Due to the reer counseling center for black youth in SAFETEA–LU will be honored for precarious political and security situa- in Detroit with her husband. all modes of transportation. tion in Haiti, the question must be

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23742 CONGRESSIONAL RECORD—SENATE October 26, 2005 raised; can free and fair elections be could be improved in the next 3 to 6 our country who have given their lives carried out in Haiti on schedule? Or months, and there are serious problems while serving in Iraq and Afghanistan. should they be postponed until we can that threaten the legitimacy of this We are all grateful for their sacrifice guarantee a more favorable environ- election, we owe it to the people of and offer our condolences to their fam- ment for legitimate elect to take Haiti to take the time necessary to ilies. On this Veterans Day, I join my place? work to address these problems so that colleagues and the wonderful men and Nearly a year and a half has passed the election is as fair as possible. women that have served our country in since President Aristide was removed The next few weeks present a seminal the Armed Forces—veterans young and from power and since then the country period for the Haitian people and the old—in paying tribute to them and has continued to spiral downward into future of Haiti. Enormous logistical, their service. worsening poverty and political vio- political, and security obstacles need lence. The interim government of to be overcome if Haiti is to have elec- f Prime Minister Gerard Latortue has tions with any semblance of credi- failed to deliver stability and economic bility. There are very few options left progress and for the fourth time this for a country that is already teetering ANTITRUST CRIMINAL INVESTIGA- year, has postponed the date of the on the brink of state failure and cannot TIVE IMPROVEMENTS ACT elections. Presently, elections are afford to lose much more. We must Mr. DEWINE. Mr. President, I am planned for December 15 and there is keep the best interests of the Haitian very pleased that the Senate yesterday widespread concern that, if held, these people in mind and do everything in passed the Antitrust Criminal Inves- elections will be anything but open, in- our power to create the conditions nec- tigative Improvements Act of 2005, clusive or fair. essary for Haiti to take the next step which represents a significant addition Currently, the political and social in transitioning toward democratic to the Antitrust Division’s arsenal for climate in Haiti is not conducive for stability. prosecuting criminal violations of the credible elections to take place. The f Haitian people are largely ignorant antitrust laws. about the electoral system and de- HONORING AMERICA’S VETERANS In criminal antitrust investigations, tached from the process. Out of a total Ms. STABENOW. Mr. President, I it is critical that prosecutors gain ac- of 4.5 million eligible voters approxi- rise today in recognition of Veterans cess to evidence on the inner workings mately 870,000 people have actually Day to pay tribute to the men and of the alleged conspiracy. To meet registered, with supporters of the women that have served our country as their burden of proof, prosecutors must Lavalas Party—a large portion of the members of the U.S. Armed Forces. marshal strong evidence of the partici- electorate—threatening to boycott. Ac- I join my colleagues and those across pants in the conspiracy, the nature of cording to reports, voter registration Michigan and our country in reflecting their participation, and the terms of stations have been placed in less than upon the meaning of this day and the the illegal agreement. This type of evi- 500 locations in contrast with the 5,000 service of our fellow Americans. dence is very difficult to gain without I often have the pleasure of meeting stations available under the Aristide penetrating the inner workings of a with Michigan’s proud community of administration. conspiracy in action. Currently, the veterans. I have also been privileged to Citizens are disenchanted over the Antitrust Division often has no option lack of jobs, miserable government welcome home members of our armed but to rely on the cooperation of mem- services, and rampant violence. As the services and the Michigan National bers of a conspiracy, who are fre- poorest country in the Western Hemi- Guard and reserves serving in Oper- quently reluctant to come forward to sphere, four out of five Haitians live on ation Iraqi Freedom and Operation En- assist the Division in uncovering ille- less than $2 a day and nearly half of the during Freedom. These men and women gal activities in which they, them- children in the country are malnour- are a credit to our great State, their ished. In the last year, there have been communities, and their families. selves, have taken part. Without the almost 800 killings and criminal and America’s men and women in the ability to obtain wiretaps, the Anti- political kidnappings by urban armed military give their time, and in many trust Division unnecessarily faces a gangs have reached historic levels. cases life and limb, to serve our coun- much heavier burden in detecting and Only recently, after a shaky start, the try. Today’s soldiers, sailors, airmen, preventing these conspiracies. United Nations Stabilization Mission, and marines are tomorrow’s veterans There is no principled reason for ex- MINUSTAH, has been making modest and we owe them our gratitude for cluding criminal antitrust violations progress in preventing even greater their service. from the list of over 150 predicate of- levels of violence. But the security sit- One of the most fitting ways we can fenses for obtaining a wiretap. Of- uation in Haiti remains volatile. honor the service and sacrifice of fenses, such as wire fraud, mail fraud, Equally as troubling is our own gov- America’s veterans is to ensure that we and bank fraud are predicate offenses, ernment’s seeming indifference to the honor the commitments we have made but up to now, criminal antitrust of- deteriorating situation in Haiti. Sev- to them and their families. I am proud fenses have not been on the list, de- eral weeks ago, Secretary of State Rice to be working with my colleagues from spite the fact that their penalties are flew into Port-au-Prince for a 5 hour both political parties and with vet- similar. Criminal antitrust offenses are visit that amounted to little more than erans’ organizations from across the basically white-collar fraud offenses, a photo op. The situation there is frag- country, including the American Le- and often do much more harm to con- ile and demands immediate action and gion and VFW, in leading the fight to sumers than other types of fraud of- will require a long-term international pass legislation guaranteeing that fenses. Given the gravity of these commitment. health care services for our veterans crimes, it is time that antitrust viola- Haiti’s capacity to hold credible elec- are funded. This law would eliminate tions are added as a predicate offense. tions needs to be given serious consid- the year-to-year uncertainty about eration by the interim government, funding for veterans health care by Of course, antitrust prosecutors still Bush administration and United Na- making this funding mandatory in the will need to meet the ordinary require- tions. While the Haitian constitution annual budget. As we reflect on this ments for obtaining wiretap authority grants a new administration to be Veterans Day, I urge my colleagues to to receive court permission to utilize sworn in to office by February 7, 2006, keep our promise to our Nation’s vet- this tool, but it is important that they the stakes are too great to push for- erans by supporting this important have that ability. Accordingly, I am ward an election simply to adhere to amendment. very pleased that we have passed this an arbitrary date. If the consensus is I stand today in honor of all the men legislation, and hope that the House that political and social conditions and women from Michigan and across will act soon to move it, as well.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23743 THANKING THOSE WHO HAVE Johnson Farm volunteers. I commend Tobert Begeman; Bal Humble; Paul HELPED SUPPORT THE DINO- each of them. Wiener; Frances Wiener; Anne Bredon; SAUR DISCOVERY SITE AT JOHN- 2000 volunteers include: Chad Ander- Gail Taylor; Mike Llewellyn; Curtis SON FARM son; Josephine Kellejan; T.R. Thomp- Halliday; Dale Peck; Arlea Howell; Mr. HATCH. Mr. President, I rise to son; Andrew Milner; Donnette Hatch; Shannon Ducrest; Anne Basham; pay tribute to all the men and women June Barton; Kae Crabtree; Nina Brooke Ranter; Melissa Thomson; in Washington County, UT whose hard Schwarze; Karen Rammell; Lee Michelle Bower; Jana Hightower; Brian work and diligence have made and are Rammell; Doug Bergen; Richard Gard- Schlegel; Danny Diamond; Dallas making the Dinosaur Discovery Site at ner; Ryan Babcock; Dick Groves; Rob- Jones; Andrew Neff; Lindsay Johnson Farm such a success. These ert Pritchitt; Klein Adams; Rafael Connelley-Brown. dedicated volunteers are helping to Acosta; Ryan Oburn; Hal Arrowood; Mr. President, 2004 volunteers: Carla protect and display an asset of great Jason Skeen; Clyde Terry; Vilma Ritter; Sheila Hughes; Don Hughes; value not only to Utah but to the Na- Terry; Bev Middleton; Chris Walker; Tracey O’Kelly; Jerry Harris; Jessica tion. Steve Smith; Helen Salvatore; Cindy Williams. The history of this discovery is fas- Greco; Scott Broen; Jereen Hyde; Mr. President, 2005 volunteers: Paula cinating. A few years ago, retired op- Stevan Duke; Barbara Duke; Stacie Welker; Connie Welker; Kameron tometrist Dr. Sheldon Johnson was Wilson; Constance Sherwood; Jacob Evans; Dick Vos; Rogerta Champlin; preparing his farm site for develop- Hendriks; and Brett Bronson. Wally Champlin; Richard Berger; Jus- ment and as he turned over the earth, Mr. President, 2001 volunteers: Jim tin Moosman; Christine Blum; Lamont he discovered tracks of early residents Burns; Lillian Zielke; Barbara Hatch; Reynolds; Judy D’Apuzzo; Louise Sny- of Washington County—very early resi- Peggy Wardle; Carol Duley; Gary der; Arleen Stillman; Lorene Reynolds; dents, in fact. Dinosaur tracks dating Watts; Josephine Kellijan; Ember Rod- Freddie Arrighi. To these dedicated volunteers and to back to the Jurassic period of history gers; Kirk Rehfield; Bill Reynolds; The- all of those who will continue to volun- were uncovered. They are being pre- resa Walker; Cassandra Lee; Lynnie teer, I say thank you. served and are bringing economic and Rolfe; Joel Campbell; Ryan Losee; historic benefit to St. George, Wash- Chris Gibson; Kyle Fraley; John Shaw; f ington County, UT, and the Nation. To Steve Anderson; Drew Gubler; Shelton ADDITIONAL STATEMENTS date, visitors from 68 nations and all 50 Heath; Paula Ryan; Bernie Yeager; Jill States have visited the site. Conner; Candace Crane; Nichole Bur- I want to recognize and thank Dr. ton; Austin Carter; Dusty Ott; Kirk HONORING THE STUDEBAKER Sheldon and LaVerna Johnson who dis- Richfield; Nate Leifson; Ron NATIONAL MUSEUM covered the tracks and then donated Kittelsrud; Maren Christensen; Ben Joe ∑ Mr. BAYH. Mr. President, I rise the land to preserve this heritage. The Markland; Emily Weidauer; Holly Hult; today to pay tribute to a community Johnsons have made it all possible. Carol Killian; Scott Woodworth; Brian landmark in northern Indiana. The Linda Sappington, Washington County Barrett; Warren Hoskings; Kevin Studebaker National Museum is home volunteer coordinator, aided by volun- Wiederhold; Autumn Cluff. to more than 114 years of automobile teer supervisors Kae Crabtree and Car- Mr. President, 2002 volunteers: Rudy history, including four presidential ole Chadwick began in February 2000 to Johnson; Clay Hopkins; Elizabeth carriages and several vehicles from the bring together individuals who cared Nipperus; Jeff Lingwall; Debbie original Studebaker collection. about the tracks and who were willing Woodard; Joyce Proctor; Britton Puki; The Studebaker name has been a sig- to give of themselves to help preserve Joe Borden; Melvin Done; Melanie nificant part of the South Bend com- the find. Hackmann; Kathryn VanRoosendaal; munity since 1852 when the Studebaker I also want to recognize and thank Doug Griffiths; Charlotte Rice; Angie brothers founded their blacksmith Mayor Dan McArthur, the city of St. Hendrickson; Chad Tipton; Laurie business. For more than a century, the George, Washington County, and the Barnholt; Aaron Heaton; Kathy Han- Studebaker Corporation helped form Utah State legislature for their efforts cock; Carson Blickenstaff; Glen the economic and social fabric of the to enhance, preserve, and share this Steenbuck; Bev Rhodes; Brigham area, employing tens of thousands of heritage area with the community now Mellor; Kami Cox; Kathy Cox; Russ Hoosiers and providing classic afford- and for generations to come. Childs; Delbert Vern Chadwick; Bev- able cars to thousands more. In addition to the Johnsons, I recog- erly Kirk; Matthew Wilkinson; Monte In 1966, the Studebaker Corporation nize, Suzanne Allen; Dr. Andrew Bar- Johnson; Darrell Wade; Terri Wade; donated its collection of rare and an- num; Herb Basso; Dr. David Borris; Sheena Gawer; Barbara Smith; Ken tique vehicles, beginning the auto- Alan Crooks; Lyle Drake; Kenneth Hin- Parkes; Darienne McNamara; Kat mobile collection at the Studebaker ton; Sharon Isom; unfortunately, now Duttadway; Kylea Christensen; Jacob National Museum. The collection has deceased; LaRee Jones; Dr. James Cox; Jason Rabbitt; Don Triptow; Bill continued to grow since then, dem- Kirkland; Dr. Martin Lockley; Dan Yensen; Arlene Yensen; Les Townsend; onstrating both Studebaker’s famous Matheson; Layton Ott, also deceased, Barbara Townsend; Al Abrams; John craftsmanship and innovative design, Kathy Smith; Darcy Stewart; Marshall Donnell; JoAnn Abrams; Arlea Howell; as well as the evolution of the auto- Topham; Gary Watts; John Willie. David Kitselmer; Steve Chilow; Cathy mobile industry. The collection now They are all members of the Dinosaur Freeman; Duane Freeman; Steven tells the story of America’s Industrial AH’torium, a 501 (c) 3 foundation re- Bart. Age, bringing the era to life for Hoo- sponsible for funding the project. Advi- Mr. President, 2003 volunteers: siers and Americans from across the sory members include James Hansen, Janece Tolber; George D’Apuzzo; Carl country. Dr. Jerry Harris, Gary Sanders, with Berg, Laurie Berg; Myron Hatch; David In addition to the educational and Cliff Green and Robert Milder, resident Slauf; Taylor Birthisel; Linda Baldazzi; historical services it provides, the Stu- artist. Bob Baldazzi; Sally Stephenson; Steve debaker National Museum is a com- Finally, today, I specifically want to Stephenson; Roger Head; Bonnie Head; mitted leader in the development and recognize and thank the many volun- Pat Elliott; Jacqueline Dubois; Jerry growth of South Bend’s vibrant econ- teers who have made and are making Schwantz; Shirley Surfas; Pat omy and the revitalization of the His- the Dinosaur Discovery Site at John- Vanderwark; Keith Vanderwark; Joan toric West Washington District. son Farm possible. Many of these won- Triptow; Jay Guymon; Kilby Andersen; Soon, the Museum will be relocating derful individuals have been contrib- Kelly Bringhurst; Marc Raines; Lisa into the Historic West Washington Dis- uting their time and energy for more Raines; Molly Swift; Chester Pierce; trict. On the occasion of this move, I than 5 years. A tremendous thank you Dennis Broad; George Mulle; Rena Jen- commend the Studebaker National Mu- to the Dinosaur Discovery Site at sen; Roger Taylor; Maynie Begeman; seum on their impressive service to the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23744 CONGRESSIONAL RECORD—SENATE October 26, 2005 community thus far and wish them movement of people and goods has an H.R. 3675. An act to amend the Federal well in their new location.∑ immeasurable impact on the economic Trade Commission act to increase civil penalties for violations involving unfair or de- f health of Detroit and Windsor alike. In addition, the cross-border transit rein- ceptive acts or practices that exploit popular DETROIT-WINDSOR TUNNEL’S 75TH reaction to an emergency or major disaster, forces U.S.-Canadian relations. and to authorize the Federal Trade Commis- ANNIVERSARY It is with great pride that I honor the ∑ sion to seek civil penalties for such viola- Mr. LEVIN. Mr. President, November 75 years of valuable contributions made tions in actions brought under section 13 of 3 marks the 75th anniversary of the De- by the Detroit-Windsor Tunnel. I would that Act. troit-Windsor Tunnel. Since it first like to extend my sincerest wishes of The message further announced that opened to vehicle traffic in 1930, the thanks and good luck to the people of the House has agreed to the following Detroit-Windsor Tunnel has made a Detroit and Windsor and the people concurrent resolution, in which it re- tremendous contribution not only to who keep the tunnel operating as they quests the concurrence of the Senate: my home State of Michigan, but to our work to make its future as productive H. Con. Res. 269. Concurrent resolution rec- Nation as a whole. On the occasion of and beneficial as its past.∑ ognizing the 40th anniversary of the White this historic milestone, I know my col- f House Fellows Program. leagues join me in recognition of the f Detroit-Windsor Tunnel, the hard- MESSAGES FROM THE PRESIDENT working men and women who keep it Messages from the President of the MEASURES REFERRED operating, the thousands of Americans United States were communicated to The following bills were read the first and Canadians who pass through it the Senate by Mr. Williams, one of his and the second times by unanimous each day, and the critical role it plays secretaries. consent, and referred as indicated: in our economic relationship with Can- f H.R. 758. An act to establish an inter- ada. EXECUTIVE MESSAGES REFERRED agency aerospace revitalization task force to The Detroit-Windsor Tunnel serves develop a national strategy for aerospace as much more than a conduit for trav- As in executive session the Presiding workforce recruitment, training, and cul- el, it is a critical socioeconomic link Officer laid before the Senate messages tivation; to the Committee on Commerce, between the United States and Canada. from the President of the United Science, and Transportation. The idea for a tunnel to connect the States submitting sundry nominations H.R. 3256. An act to designate the facility cities of Detroit and Windsor was first which were referred to the appropriate of the United States Postal Service located at 3038 West Liberty Avenue in Pittsburgh, conceived in the 1870s. After a number committees. (The nominations received today are Pennsylvania, as the ‘‘Congressman James of failed attempts, Windsor Mayor Ed- Grove Fulton Memorial Post Office Build- ward Blake Winter proposed a new tun- printed at the end of the Senate pro- ing’’; to the Committee on Homeland Secu- nel project in 1919. Mayor Winter be- ceedings.) rity and Governmental Affairs. lieved a tunnel would foster greater f H.R. 3368. An act to designate the facility of the United States Postal Service located unity between the two countries and MESSAGE FROM THE HOUSE would serve as a memorial to the sol- at 6483 Lincoln Street in Gagetown, Michi- diers who were killed in World War I. At 3:54 p.m., a message from the gan, as the ‘‘Gagetown Veterans Memorial House of Representatives, delivered by Post Office’’; to the Committee on Homeland After 11 years of planning and con- Security and Governmental Affairs. struction, this vision finally became a Ms. Niland, one of its reading clerks, announced that the House disagreed to H.R. 3675. An act to amend the Federal reality on November 1, 1930. On that Trade Commission Act to increase civil pen- the amendment of the Senate to the day, President Herbert Hoover pressed alties for violations involving unfair or de- a golden button in the U.S. Capitol of- bill (H.R. 2419) entitled ‘‘An Act mak- ceptive acts or practices that exploit popular ficially opening the mile-long tunnel ing appropriations for energy and reaction to an emergency or major disaster, and forever changing and strength- water development for the fiscal year and to authorize the Federal Trade Commis- ening the relationship between the ending September 30, 2006, and for sion to seek civil penalties for such viola- other purposes’’, and agreed to the con- tions in actions brought under section 13 of United States and Canada. that Act; to the Committee on Commerce Today, the Detroit-Windsor Tunnel ference asked by the Senate on the disagreeing votes of the two Houses there- Science, and Transportation. remains the only underwater inter- The following concurrent resolution was national tunnel open to vehicular traf- on; and appoints the following Mem- read, and referred as indicated: fic in the world. Its construction in the bers as the managers of the conference H. Con. Res. 269. Concurrent resolution rec- late 1920s was unparalleled by any on the part of the House: Mr. HOBSON, ognizing the 40th anniversary of the White other tunnel in the world and took Mr. FRELINGHUYSEN, Mr. LATHAM, Mr. House Fellows Program; to the Committee only 26 months to complete, nearly a WAMP, Mrs. EMERSON, Mr. DOOLITTLE, on the Judiciary. year ahead of schedule. Amazingly, the Mr. SIMPSON, Mr. REHBERG, Mr. LEWIS f of California, Mr. VISCLOSKY, Mr. tunnel allows four full lanes of traffic EXECUTIVE AND OTHER EDWARDS, Mr. PASTOR, Mr. CLYBURN, to cross the U.S.-Canadian border at a COMMUNICATIONS depth of 75 feet below the surface of the Mr. BERRY, and Mr. OBEY. The following communications were water. The message also announced that the laid before the Senate, together with However, it is not simply the marvel House passed the following bills, in accompanying papers, reports, and doc- of the tunnel’s engineering that we cel- which it requests the concurrence of uments, and were referred as indicated: ebrate on its 75th anniversary. We the Senate: must also recognize its continuing con- H.R. 758. An act to establish an inter- EC–4404. A communication from the Assist- tributions to trade and travel between agency aerospace revitalization task force to ant Attorney General, Department of Jus- develop a national strategy for aerospace tice, transmitting, pursuant to law, the July the United States and Canada. Ap- workforce recruitment, training, and cul- 2005 AMBER Alert Report; to the Committee proximately 29,000 vehicles pass tivation. on the Judiciary. through the tunnel each day, making H.R. 3256. An act to designate the facility EC–4405. A communication from the Sec- the Detroit-Windsor Tunnel one of the of the United States Postal Service located retary, Judicial Conference of the United 15 most heavily traveled border cross- at 3038 West Liberty Avenue in Pittsburgh, States, transmitting, pursuant to law, a re- ings in the United States. Pennsylvania, as the ‘‘Congressman James port relative to legislation that would au- Every day, untold numbers of work- Grove Fulton Memorial Post Office Build- thorize the remaining bankruptcy judgeships ers, manufacturers, and suppliers on ing’’. recommended by the Conference in February H.R. 3368. An act to designate the facility 2005; to the Committee on the Judiciary. both sides of the border depend on the of the United States Postal Service located EC–4406. A communication from the Acting Detroit Windsor Tunnel to get to jobs at 6483 Lincoln Street in Gagetown, Michi- Deputy Assistant Administrator, Office of and transport products. Thousands of gan, as the ‘‘Gagetown Veterans Memorial Diversion Control, Drug Enforcement Agen- families also use the tunnel. This Post Office’’. cy, Department of Justice, transmitting,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23745 pursuant to law, the report of a rule entitled iness, transmitting, a report on the approved and Administrative Law, Office of General ‘‘Schedules of Controlled Substances: Place- retirement of Vice Admiral Lowell E. Counsel, Department of Housing and Urban ment of Pregabalin into Schedule V’’ (Dock- Jacoby, United States Navy, and his ad- Development, transmitting, pursuant to law, et No. DEA-267F) received on October 21, vancement to the grade of vice admiral on the report of a nomination notification for 2005; to the Committee on the Judiciary. the retired list; to the Committee on Armed the Presidentially-appointed Senate-con- EC–4407. A communication from the Chief, Services. firmed position of Assistant Secretary for Regulatory Review Group, Farm Service EC–4417. A communication from the Acting Public and Indian Housing received on Octo- Agency, Department of Agriculture, trans- Director, Defense Procurement and Acquisi- ber 21, 2005; to the Committee on Banking, mitting, pursuant to law, the report of a rule tion Policy, Department of Defense, trans- Housing, and Urban Affairs. entitled ‘‘Guaranteed Farm Ownership and mitting, pursuant to law, the report of a rule EC–4427. A communication from the Dis- Operating Loan Requirements’’ (RIN0560- entitled ‘‘Prohibition of Foreign Taxation on trict of Columbia Auditor, transmitting, pur- AG65) received on October 21, 2005; to the U.S. Assistance Programs’’ (DFARS Case suant to law, a report entitled ‘‘Letter Re- Committee on Agriculture, Nutrition, and 2004-D012) received on October 21, 2005; to the port: Certification of the Sufficiency of the Forestry. Committee on Armed Services. Washington Convention Center Authority’s EC–4408. A communication from the Chief, EC–4418. A communication from the Acting Projected Revenues and Excess Reserve to Regulatory Review Group, Farm Service Director, Defense Procurement and Acquisi- Meet Projected Operating and Debt Service Agency, Department of Agriculture, trans- tion Policy, Department of Defense, trans- Expenditures and Reserve Requirements for mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Fiscal Year 2006’’; to the Committee on entitled ‘‘Dairy Disaster Assistance Pro- entitled ‘‘Quality Control of Aviation Crit- Homeland Security and Governmental Af- gram’’ (RIN0560-AH28) received on October ical Safety Items and Related Services’’ fairs. 21, 2005; to the Committee on Agriculture, (DFARS Case 2003-D101) received on October EC–4428. A communication from the Dis- Nutrition, and Forestry. 21, 2005; to the Committee on Armed Serv- trict of Columbia Auditor, transmitting, pur- EC–4409. A communication from the ices. suant to law, a report entitled ‘‘Audit of Ad- Human Resources Specialist, Office of the EC–4419. A communication from the Acting visory Neighborhood Commission 3E for Fis- Assistant Secretary for Administration and Director, Defense Procurement and Acquisi- cal Years 2003 and 2004’’; to the Committee Management, Department of Labor, trans- tion Policy, Department of Defense, trans- on Homeland Security and Governmental Af- mitting, pursuant to law, the report of nomi- mitting, pursuant to law, the report of a rule fairs. nations and the designation of acting officers entitled ‘‘Extension of Partnership Agree- EC–4429. A communication from the Dis- for the positions of Assistant Secretary for ment–8(a) Program’’ (DFARS Case 2005-D020) trict of Columbia Auditor, transmitting, pur- Occupational Safety and Health and Assist- received on October 21, 2005; to the Com- suant to law, a report entitled ‘‘Audit of Ad- ant Secretary for Mine Safety and Health, mittee on Armed Services. visory Neighborhood Commission 2C for Fis- received on October 21, 2005; to the Com- EC–4420. A communication from the Acting cal Years 2003 Through 2005, as of March 31, mittee on Health, Education, Labor, and Director, Defense Procurement and Acquisi- 2005’’; to the Committee on Homeland Secu- Pensions. tion Policy, Department of Defense, trans- rity and Governmental Affairs. EC–4410. A communication from the Sec- mitting, pursuant to law, the report of a rule EC–4430. A communication from the Dis- retary of Health and Human Services, trans- entitled ‘‘Central Contractor Registration’’ trict of Columbia Auditor, transmitting, pur- mitting, pursuant to law, a report relative to (DFARS Case 2003-D040) received on October suant to law, a report entitled ‘‘Audit of Ad- adding a class of certain workers of 21, 2005; to the Committee on Armed Serv- visory Neighborhood Commission 2F for Fis- Mallinckrodt Chemical Works to the Special ices. cal Years 2003 Through 2005, as of March 31, Exposure Cohort; to the Committee on EC–4421. A communication from the Acting 2005’’; to the Committee on Homeland Secu- Health, Education, Labor, and Pensions. Director, Defense Procurement and Acquisi- rity and Governmental Affairs. EC–4411. A communication from the Direc- tion Policy, Department of Defense, trans- EC–4431. A communication from the Direc- tor, Regulations Policy and Management mitting, pursuant to law, the report of a rule tor, United States Holocaust Memorial Mu- Staff, Food and Drug Administration, De- entitled ‘‘Advisory and Assistance Services’’ seum, transmitting, pursuant to law, a re- partment of Health and Human Services, (DFARS Case 2003-D042) received on October port entitled ‘‘A Strategic Plan for the Sec- transmitting, pursuant to law, the report of 21, 2005; to the Committee on Armed Serv- ond Decade’’; to the Committee on Homeland a rule entitled ‘‘Food Labeling; Nutrient ices. Security and Governmental Affairs. Content Claims, Definition of Sodium Levels EC–4422. A communication from the Acting EC–4432. A communication from the Acting for the Term ‘Healthy’ ’’ (RIN0910-AC49) re- Director, Defense Procurement and Acquisi- Assistant Secretary and Chief Financial Offi- ceived on October 21, 2005; to the Committee tion Policy, Department of Defense, trans- cer, Department of State, transmitting, pur- on Health, Education, Labor, and Pensions. EC–4412. A communication from the U.S. mitting, pursuant to law, the report of a rule suant to law, a report on the Department’s Global AIDS Coordinator, Department of entitled ‘‘Defense Logistics Agency Waiver implementation of the Federal Financial As- State, transmitting, pursuant to law, a re- Authority’’ (DFARS Case 2005-D019) received sistance Management Improvement Act of port on the President’s Emergency Plan for on October 21, 2005; to the Committee on 1999; to the Committee on Homeland Secu- AIDS Relief: Community and Faith-Based Armed Services. rity and Governmental Affairs. Organizations; to the Committee on Foreign EC–4423. A communication from the Chair- f Relations. man, Flight 93 Advisory Commission, trans- EC–4413. A communication from the Execu- mitting, pursuant to law, the Flight 93 Na- REPORTS OF COMMITTEES tive Secretary and Chief of Staff, U.S. Agen- tional Memorial International Design Com- petition Summary Report to the Committee The following reports of committees cy for International Development, transmit- were submitted: ting, pursuant to law, the reports of a va- on Energy and Natural Resources. cancy in the position of Inspector General EC–4424. A communication from the Attor- By Mr. INHOFE, from the Committee on and nominations for the positions of Inspec- ney, Office of Assistant General Counsel for Environment and Public Works, without tor General and Assistant Administrator, re- Legislation and Regulatory Law, Depart- amendment and with a preamble: ceived on October 21, 2005; to the Committee ment of Energy, transmitting, pursuant to S. Res. 255. A resolution recognizing the on Foreign Relations. law, the report of a rule entitled ‘‘Energy achievements of the United States Fish and EC–4414. A communication from the Assist- Conservation Standards for Certain Con- Wildlife Service and the Waterfowl Popu- ant Legal Adviser for Treaty Affairs, Depart- sumer Products and Commercial and Indus- lation Survey. ment of State, transmitting, pursuant to the trial Equipment’’ (RIN1904-AB54) received on By Mr. INHOFE, from the Committee on Case-Zablocki Act, 1 U.S.C. 112b, as amended, October 21, 2005; to the Committee on Energy Environment and Public Works, without the report of the texts and background state- and Natural Resources. amendment: ments of international agreements, other EC–4425. A communication from the Attor- S. 1285. A bill to designate the Federal than treaties (List 05-247–05-259); to the Com- ney, Office of Assistant General Counsel for building located at 333 Mt. Elliott Street in mittee on Foreign Relations. Legislation and Regulatory Law, Depart- Detroit, Michigan, as the ‘‘Rosa Parks Fed- EC–4415. A communication from the Under ment of Energy, transmitting, pursuant to eral Building’’. Secretary of Defense for Personnel and Read- law, the report of a rule entitled ‘‘Energy f iness, transmitting, a report on the approved Conservation Program for Consumer Prod- retirement of Lieutenant General Philip R. ucts: Test Procedures for Residential Central INTRODUCTION OF BILLS AND Kensinger, Jr., United States Army, and his Air Conditioners and Heat Pumps’’ (RIN1904- JOINT RESOLUTIONS AA46) received on October 21, 2005; to the advancement to the grade of lieutenant gen- The following bills and joint resolu- eral on the retired list; to the Committee on Committee on Energy and Natural Re- Armed Services. sources. tions were introduced, read the first EC–4416. A communication from the Under EC–4426. A communication from the Dep- and second times by unanimous con- Secretary of Defense for Personnel and Read- uty General Counsel for Equal Opportunity sent, and referred as indicated:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23746 CONGRESSIONAL RECORD—SENATE October 26, 2005

By Mr. DEMINT (for himself and Mr. (Mrs. FEINSTEIN) was added as a co- tive acts and practices associated with GRAHAM): sponsor of S. 492, a bill to make access spyware, and for other purposes. S. 1921. A bill to promote freedom, fairness, to safe water and sanitation for devel- S. 1110 and economic opportunity by repealing the oping countries a specific policy objec- income tax and other taxes, abolishing the At the request of Mr. PRYOR, the Internal Revenue Service, and replacing such tive of the United States foreign assist- name of the Senator from Hawaii (Mr. taxes with a national sales tax and a busi- ance programs, and for other purposes. INOUYE) was added as a cosponsor of S. ness tax; to the Committee on Finance. S. 632 1110, a bill to amend the Federal Haz- By Mr. CONRAD (for himself, Mr. ROB- At the request of Mr. LUGAR, the ardous Substances Act to require en- ERTS, Mr. BAUCUS, Mr. THUNE, Mr. names of the Senator from New Jersey gine coolant and antifreeze to contain JOHNSON, Mr. BROWNBACK, Mr. DOR- (Mr. LAUTENBERG) and the Senator a bittering agent in order to render the GAN, Mr. BURNS, Mr. SALAZAR, Mr. from South Carolina (Mr. DEMINT) TALENT, Mr. BOND, Mr. ENZI, Mr. coolant or antifreeze unpalatable. THOMAS, Mrs. LINCOLN, Mr. CRAPO, were added as cosponsors of S. 632, a S. 1138 Mr. CORNYN, Mr. CRAIG, Mr. COLE- bill to authorize the extension of un- At the request of Mr. ALLEN, the MAN, Mr. ALLARD, Mr. REID, and Mr. conditional and permanent nondiscrim- name of the Senator from New Hamp- CHAMBLISS): inatory treatment (permanent normal shire (Mr. GREGG) was added as a co- S. 1922. A bill to authorize appropriate ac- trade relations treatment) to the prod- sponsor of S. 1138, a bill to authorize tion if negotiations with Japan to allow the ucts of Ukraine, and for other pur- the placement of a monument in Ar- resumption of United States beef exports are poses. not successful, and for other purposes; to the lington National Cemetery honoring Committee on Finance. S. 757 the veterans who fought in World War By Ms. SNOWE (for herself, Mr. TAL- At the request of Mr. CHAFEE, the II as members of Army Ranger Battal- ENT, and Mr. BOND): names of the Senator from Utah (Mr. ions. S. 1923. A bill to address small business in- BENNETT), the Senator from North Da- S. 1197 vestment companies licensed to issue par- kota (Mr. CONRAD), the Senator from At the request of Mr. BAUCUS, his ticipating debentures, and for other pur- Maine (Ms. SNOWE), the Senator from poses; to the Committee on Small Business name was added as a cosponsor of S. Vermont (Mr. LEAHY) and the Senator and Entrepreneurship. 1197, a bill to reauthorize the Violence By Mr. DURBIN: from Louisiana (Mr. VITTER) were Against Women Act of 1994. added as cosponsors of S. 757, a bill to S. 1924. A bill to strengthen civil-military S. 1272 relationships by permitting State and local amend the Public Health Service Act At the request of Mr. NELSON of Ne- governments to enter into lease purchase to authorize the Director of the Na- agreements with the United States Armed tional Institute of Environmental braska, the name of the Senator from Forces; to the Committee on Armed Serv- Health Sciences to make grants for the South Dakota (Mr. JOHNSON) was added ices. development and operation of research as a cosponsor of S. 1272, a bill to By Mr. KENNEDY (for himself, Mr. centers regarding environmental fac- amend title 46, United States Code, and REID, Mr. HARKIN, Mr. DODD, Ms. MI- tors that may be related to the eti- title II of the Social Security Act to KULSKI, Mr. REED, Mrs. BOXER, Mr. ology of breast cancer. provide benefits to certain individuals KERRY, Mr. DORGAN, Mr. SCHUMER, who served in the United States mer- S. 828 Mr. DAYTON, and Mr. LAUTENBERG): chant marine (including the Army S. 1925. A bill to provide for workers and At the request of Mr. HARKIN, the Transport Service and the Naval businesses during the response to Hurricane name of the Senator from Minnesota Transport Service) during World War Katrina and Hurricane Rita, and for other (Mr. COLEMAN) was added as a cospon- II. purposes; to the Committee on Health, Edu- sor of S. 828, a bill to enhance and fur- cation, Labor, and Pensions. ther research into paralysis and to im- S. 1285 f prove rehabilitation and the quality of At the request of Ms. STABENOW, the SUBMISSION OF CONCURRENT AND life for persons living with paralysis names of the Senator from Vermont SENATE RESOLUTIONS and other physical disabilities, and for (Mr. JEFFORDS) and the Senator from other purposes. New York (Mrs. CLINTON) were added as The following concurrent resolutions cosponsors of S. 1285, a bill to designate S. 939 and Senate resolutions were read, and the Federal building located at 333 Mt. referred (or acted upon), as indicated: At the request of Mr. MARTINEZ, the name of the Senator from Louisiana Elliott Street in Detroit, Michigan, as By Mr. SCHUMER: the ‘‘Rosa Parks Federal Building’’. S. Res. 288. A resolution recognizing the (Mr. VITTER) was added as a cosponsor life and accomplishments of Wellington of S. 939, a bill to expedite payments of S. 1358 Mara of New York; considered and agreed to. certain Federal emergency assistance At the request of Mr. DURBIN, the f authorized pursuant to the Robert T. name of the Senator from South Da- Stafford Disaster Relief and Emer- kota (Mr. JOHNSON) was added as a co- ADDITIONAL COSPONSORS gency Assistance Act, and to direct the sponsor of S. 1358, a bill to protect sci- S. 370 Secretary of Homeland Security to ex- entific integrity in Federal research At the request of Mr. LOTT, the name ercise certain authority provided under and policymaking. of the Senator from Oklahoma (Mr. that Act. S. 1504 COBURN) was added as a cosponsor of S. S. 1002 At the request of Mr. ENSIGN, the 370, a bill to preserve and protect the At the request of Mr. GRASSLEY, the name of the Senator from Kansas (Mr. free choice of individual employees to name of the Senator from New Hamp- ROBERTS) was added as a cosponsor of form, join, or assist labor organiza- shire (Mr. SUNUNU) was added as a co- S. 1504, a bill to establish a market tions, or to refrain from such activi- sponsor of S. 1002, a bill to amend title driven telecommunications market- ties. XVIII of the Social Security Act to place, to eliminate government man- S. 407 make improvements in payments to aged competition of existing commu- At the request of Mr. JOHNSON, the hospitals under the medicare program, nication service, and to provide parity name of the Senator from New Hamp- and for other purposes. between functionally equivalent serv- shire (Mr. GREGG) was added as a co- S. 1004 ices. sponsor of S. 407, a bill to restore At the request of Mr. ALLEN, the S. 1513 health care coverage to retired mem- name of the Senator from South Caro- At the request of Mr. NELSON of Flor- bers of the uniformed services, and for lina (Mr. DEMINT) was added as a co- ida, his name was added as a cosponsor other purposes. sponsor of S. 1004, a bill to provide the of S. 1513, a bill to reauthorize the S. 492 Federal Trade Commission with the re- HOPE VI program for revitalization of At the request of Mr. FRIST, the sources necessary to protect users of severely distressed public housing, and name of the Senator from California the Internet from the unfair and decep- for other purposes.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23747 S. 1779 S. RES. 287 tended to be proposed to H.R. 3010, a At the request of Mr. AKAKA, the At the request of Mr. LEVIN, the bill making appropriations for the De- name of the Senator from California names of the Senator from Hawaii (Mr. partments of Labor, Health and Human (Mrs. FEINSTEIN) was added as a co- AKAKA), the Senator from Montana Services, and Education, and Related sponsor of S. 1779, a bill to amend the (Mr. BAUCUS), the Senator from Indi- Agencies for the fiscal year ending Sep- Humane Methods of Livestock Slaugh- ana (Mr. BAYH), the Senator from Dela- tember 30, 2006, and for other purposes. ter Act of 1958 to ensure the humane ware (Mr. BIDEN), the Senator from AMENDMENT NO. 2218 slaughter of nonambulatory livestock, New Mexico (Mr. BINGAMAN), the Sen- At the request of Mr. BINGAMAN, the and for other purposes. ator from West Virginia (Mr. BYRD), names of the Senator from Texas (Mrs. S. 1841 the Senator from Washington (Ms. HUTCHISON), the Senator from Massa- At the request of Mr. NELSON of Flor- CANTWELL), the Senator from Delaware chusetts (Mr. KENNEDY), the Senator ida, the name of the Senator from Wis- (Mr. CARPER), the Senator from North from New York (Mrs. CLINTON), the consin (Mr. KOHL) was added as a co- Dakota (Mr. CONRAD), the Senator from Senator from Connecticut (Mr. DODD), sponsor of S. 1841, a bill to amend title New Jersey (Mr. CORZINE), the Senator the Senator from Washington (Mrs. XVIII of the Social Security Act to from Minnesota (Mr. DAYTON), the Sen- MURRAY) and the Senator from Colo- provide extended and additional pro- ator from Connecticut (Mr. DODD), the rado (Mr. SALAZAR) were added as co- tection to Medicare beneficiaries who Senator from North Dakota (Mr. DOR- sponsors of amendment No. 2218 pro- enroll for the Medicare prescription GAN), the Senator from Wisconsin (Mr. posed to H.R. 3010, a bill making appro- drug benefit during 2006. FEINGOLD), the Senator from Hawaii priations for the Departments of S. 1864 (Mr. INOUYE), the Senator from Labor, Health and Human Services, At the request of Mr. TALENT, the Vermont (Mr. JEFFORDS), the Senator and Education, and Related Agencies name of the Senator from Arkansas from South Dakota (Mr. JOHNSON), the for the fiscal year ending September 30, (Mr. PRYOR) was added as a cosponsor Senator from Wisconsin (Mr. KOHL), 2006, and for other purposes. of S. 1864, a bill to amend the Internal the Senator from Louisiana (Ms. LAN- AMENDMENT NO. 2219 Revenue Code of 1986 to treat certain DRIEU), the Senator from New Jersey At the request of Mr. BINGAMAN, the farming business machinery and equip- (Mr. LAUTENBERG), the Senator from names of the Senator from Nevada (Mr. ment as 5-year property for purposes of Vermont (Mr. LEAHY), the Senator REID), the Senator from Massachusetts depreciation. from Connecticut (Mr. LIEBERMAN), the (Mr. KENNEDY), the Senator from New S. 1920 Senator from Arkansas (Mrs. LINCOLN), York (Mrs. CLINTON), the Senator from At the request of Mr. OBAMA, the the Senator from Maryland (Ms. MI- Connecticut (Mr. DODD) and the Sen- name of the Senator from Delaware KULSKI), the Senator from Washington ator from Colorado (Mr. SALAZAR) were (Mr. CARPER) was added as a cosponsor (Mrs. MURRAY), the Senator from Flor- added as cosponsors of amendment No. of S. 1920, a bill to amend the Clean Air ida (Mr. NELSON), the Senator from Ne- 2219 proposed to H.R. 3010, a bill mak- Act to establish a renewable diesel braska (Mr. NELSON), the Senator from ing appropriations for the Departments standard, and for other purposes. Arkansas (Mr. PRYOR), the Senator of Labor, Health and Human Services, from Rhode Island (Mr. REED), the Sen- S. RES. 180 and Education, and Related Agencies ator from West Virginia (Mr. ROCKE- At the request of Mr. SCHUMER, the for the fiscal year ending September 30, name of the Senator from Mississippi FELLER), the Senator from Colorado 2006, and for other purposes. (Mr. SALAZAR), the Senator from Mary- (Mr. COCHRAN) was added as a cospon- AMENDMENT NO. 2228 land (Mr. SARBANES) and the Senator sor of S. Res. 180, a resolution sup- At the request of Mr. DURBIN, the porting the goals and ideals of a Na- from Oregon (Mr. WYDEN) were added names of the Senator from New Jersey as cosponsors of S. Res. 287, a resolu- tional Epidermolysis Bullosa Aware- (Mr. LAUTENBERG), the Senator from tion honoring the life of and expressing ness Week to raise public awareness Wisconsin (Mr. FEINGOLD), the Senator the condolences of the Senate on the and understanding of the disease and to from New Mexico (Mr. BINGAMAN) and foster understanding of the impact of passing of Rosa Parks. the Senator from Massachusetts (Mr. the disease on patients and their fami- AMENDMENT NO. 2193 KENNEDY) were added as cosponsors of lies. At the request of Mr. THUNE, the amendment No. 2228 proposed to H.R. S. RES. 273 names of the Senator from Rhode Is- 3010, a bill making appropriations for At the request of Mr. COLEMAN, the land (Mr. CHAFEE) and the Senator the Departments of Labor, Health and names of the Senator from Arkansas from Montana (Mr. BURNS) were added Human Services, and Education, and (Mr. PRYOR) and the Senator from Vir- as cosponsors of amendment No. 2193 Related Agencies for the fiscal year ginia (Mr. ALLEN) were added as co- proposed to H.R. 3010, a bill making ap- ending September 30, 2006, and for sponsors of S. Res. 273, a resolution ex- propriations for the Departments of other purposes. pressing the sense of the Senate that Labor, Health and Human Services, AMENDMENT NO. 2246 the United Nations and other inter- and Education, and Related Agencies At the request of Mr. KENNEDY, the national organizations shall not be al- for the fiscal year ending September 30, name of the Senator from New York lowed to exercise control over the 2006, and for other purposes. (Mrs. CLINTON) was added as a cospon- Internet. AMENDMENT NO. 2194 sor of amendment No. 2246 proposed to S. RES. 282 At the request of Mr. REED, the H.R. 3010, a bill making appropriations At the request of Mr. BIDEN, the names of the Senator from New Jersey for the Departments of Labor, Health names of the Senator from Louisiana (Mr. CORZINE) and the Senator from and Human Services, and Education, (Ms. LANDRIEU) and the Senator from Connecticut (Mr. LIEBERMAN) were and Related Agencies for the fiscal Idaho (Mr. CRAPO) were added as co- added as cosponsors of amendment No. year ending September 30, 2006, and for sponsors of S. Res. 282, a resolution 2194 proposed to H.R. 3010, a bill mak- other purposes. supporting the goals and ideals of Na- ing appropriations for the Departments AMENDMENT NO. 2254 tional Domestic Violence Awareness of Labor, Health and Human Services, At the request of Mr. DODD, the Month and expressing the sense of the and Education, and Related Agencies names of the Senator from Connecticut Senate that Congress should raise for the fiscal year ending September 30, (Mr. LIEBERMAN), the Senator from awareness of domestic violence in the 2006, and for other purposes. Michigan (Ms. STABENOW) and the Sen- United States and its devastating ef- AMENDMENT NO. 2200 ator from South Dakota (Mr. JOHNSON) fects on families. At the request of Mr. NELSON of Flor- were added as cosponsors of amend- At the request of Ms. MURKOWSKI, her ida, the name of the Senator from Wis- ment No. 2254 proposed to H.R. 3010, a name was added as a cosponsor of S. consin (Mr. KOHL) was added as a co- bill making appropriations for the De- Res. 282, supra. sponsor of amendment No. 2200 in- partments of Labor, Health and Human

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23748 CONGRESSIONAL RECORD—SENATE October 26, 2005 Services, and Education, and Related small businesses employ more than in the Small Business Committee Agencies for the fiscal year ending Sep- half, 57 percent, of the total private- about this bill and move toward a suc- tember 30, 2006, and for other purposes. sector workforce, and are responsible cessful rejuvenation of the equity por- AMENDMENT NO. 2257 for the creation of more than two- tion of the SBIC program. I believe At the request of Mrs. FEINSTEIN, the thirds of all new jobs. Clearly, increas- that a full discussion about the pro- names of the Senator from New York ing investments in small businesses is posal by the SBA, the SBICs, and ex- (Mr. SCHUMER), the Senator from New crucial to our on-going economic suc- perts in the venture capital industry cess. Jersey (Mr. CORZINE) and the Senator will be necessary to achieve this This bill will reform and enhance the from Washington (Mrs. MURRAY) were progress. Small Business Administration’s SBIC added as cosponsors of amendment No. In July 2005 a bill, H.R. 3429, was in- program, a program that is vital to fos- 2257 intended to be proposed to H.R. troduced in the House that would also tering innovation, growth, and job cre- 3010, a bill making appropriations for create a new program to replace the ation in small businesses throughout the Departments of Labor, Health and Participating Securities program. The our country. Small Business Invest- bill we are introducing has some ele- Human Services, and Education, and ment Companies (SBICs) are privately- ments in common with that House bill, Related Agencies for the fiscal year owned and managed venture capital in- but goes further to clarify the manner ending September 30, 2006, and for vestment companies that are licensed in which the SBIC program would oper- other purposes. and regulated by the SBA. SBICs use AMENDMENT NO. 2261 their own capital, combined with funds ate, and to bring the program into At the request of Mr. COLEMAN, the borrowed from other private investors greater compliance with budgetary name of the Senator from Ohio (Mr. and supported by an SBA guarantee, to guidelines. DEWINE) was added as a cosponsor of make equity and debt investments in This bill will allow the SBA to guar- amendment No. 2261 intended to be pro- qualifying small businesses. The SBA antee the repayment of the redemption posed to H.R. 3010, a bill making appro- shares in the profits of SBICs. The price, principal, and interest for a new priations for the Departments of structure of the program is unique and type of security, a ‘‘participating de- Labor, Health and Human Services, has been a model for similar public-pri- benture,’’ issued by a SBIC. This type and Education, and Related Agencies vate partnerships around the world. of guarantee (of principal and interest for the fiscal year ending September 30, The program has been successful in for a security issued by an SBIC) ex- 2006, and for other purposes. mobilizing private venture capital in- isted in the two other SBIC programs, AMENDMENT NO. 2262 vestment, and leveraging that private and for those other two programs it At the request of Mr. BINGAMAN, the investment with additional funds sup- was explicitly authorized in the Small names of the Senator from Colorado ported by SBA guarantees. According Business Investment Act of 1958 (the (Mr. SALAZAR), the Senator from Ne- to the SBA’s annual reports to Con- SBIA). This bill will also authorize the vada (Mr. REID), the Senator from Mas- gress, the SBIC program has provided SBA to guarantee the repayment to an sachusetts (Mr. KENNEDY), the Senator over $17.2 billion in financing to small ‘‘interim funding provider’’ (an IFP) of from New York (Mrs. CLINTON), the businesses since the beginning of Fiscal any funds lost by the IFP because of Senator from Connecticut (Mr. DODD), Year 1999. Each year, this financing al- the default of an SBIC during the pe- the Senator from Washington (Mrs. lows small businesses to create or re- riod after the IFP has advanced monies MURRAY) and the Senator from Con- tain tens of thousands of jobs. For in- to the SBIC, and before the IFP has necticut (Mr. LIEBERMAN) were added stance, according to the SBA’s Office of been repaid for those funds. This type as cosponsors of amendment No. 2262 Advocacy, in 2004 alone SBIC invest- of guarantee existed in practice in the proposed to H.R. 3010, a bill making ap- ments helped small businesses create two other SBIC programs, but was not propriations for the Departments of or retain approximately 81,042 jobs. authorized by the SBIA Thus, this pro- There are currently two types of Labor, Health and Human Services, vision rectifies that problem and brings SBIC Programs, the Participating Se- and Education, and Related Agencies the new program into compliance with curities Program and the Debenture for the fiscal year ending September 30, the Federal Credit Reform Act of 1990 Program. Unfortunately, the Partici- 2006, and for other purposes. (the FCRA). pating Securities Program stopped Another section of the bill authorizes f issuing new financing to SBICs at the the SBA to guarantee the payment of STATEMENTS ON INTRODUCED beginning of FY 2005 because the pro- the redemption price and interest for a BILLS AND JOINT RESOLUTIONS gram had ceased to be a zero-subsidy trust certificate issued by a trustee of program, and there were no Federal ap- a pool of PDs. This type of guarantee By Ms. SNOWE (for herself, Mr. propriations to support the program. TALENT, and Mr. BOND): existed in the two prior SBIC pro- The Debenture Program has not suf- grams, but was not authorized by the S. 1923. A bill to address small busi- fered similar losses, and is unaffected SBIA. Similar to the current Partici- ness investment companies licensed to by this bill. pating Securities and Debenture SBIC issue participating debentures, and for This bill would create a third type of other purposes; to the Committee on SBIC program, the ‘‘Participating De- programs, the Participating Debenture Small Business and Entrepreneurship. benture’’ SBIC Program, that would re- (PD) program will raise funds by pool- Ms. SNOWE. Mr. President, I rise to place the Participating Securities pro- ing the securities issued by SBICs into support the ‘‘Small Business Invest- gram. This new program would be a a pool and selling trust certificates ment and Growth Act of 2005,’’ which I ‘‘zero-subsidy’’ program, with no Fed- that represent interests in that pool. have introduced today to facilitate in- eral appropriations necessary, that Thus, this provision rectifies that prob- creased investments in small busi- would provide financing with equity lem and brings the new program more nesses throughout this country. I am characteristics to small businesses. In into compliance with the FCRA. pleased to be joined by my esteemed response to two major problems suf- Our bill includes all of the provisions colleagues from Missouri, Senator JIM fered by the Participating Securities of H.R. 3429 that address redemption TALENT and Senator KIT BOND, in spon- Program, the new Participating Deben- and interest, and also includes several soring this bill. ture program would seek to a, ensure additional provisions. First, the bill in- As Chair of the Senate Committee on that a participating debenture is concludes repayment in default. It author- Small Business and Entrepreneurship, I sidered a debt instrument for Federal izes the SBA to guarantee repayment am committed to supporting our Na- budgetary purposes, and b, prevent fi- to IFPs for funds lost due to the de- tion’s small businesses by increasing nancial losses by the SBA by increas- fault of an SBIC. The bill also author- their access to capital. Small busi- ing the SBA’s share of SBICs’ profits. izes the SBA to guarantee the payment nesses comprise 99.7 percent of all busi- Together with Senator TALENT and of the redemption price and interest for nesses in the United States. Moreover, Senator BOND, I plan to foster a debate trust certificates issued by a trustee of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23749 a pool of PDs. For each of the guaran- contingent on a SBIC’s profitability. In SBIC has outstanding private equity tees authorized here, the SBA is em- this proposal, the payments are due re- capital invested in an amount equal to powered to charge a fee. gardless of a SBIC’s financial situation that being refinanced. This section of The fee authorized above will be suf- and if a payment is missed the SBA has the Senate bill adds that an SBIC may ficient to reduce to zero the net cost to the right to liquidate the SBIC. Thus, use proceeds of a PD if it has out- the SBA of each guarantee. For the this provision brings this new program standing private equity capital in- other two SBIC programs, the SBIA more into compliance with the FCRA. vested in an amount equal to that be only explicitly authorized such a fee In addition, the SBA is authorized to refinanced. for the first guarantee, mentioned charge an additional fee, as necessary Unless otherwise provided, an SBIC’s above, and did not authorize such a fee to reduce the cost of the program to gross receipts shall be used first for the for the other two types of guarantees. zero, as that term is defined in the payment of accrued interest on PDs, Thus, this provision rectifies that prob- FCRA, but the fee is capped at 1.5 per- and then for repayment of PD principal lem and brings the new program into cent, this may need to be adjusted. and private investments into the SBIC, compliance with the FCRA. This sec- This type of fee existed in the other and then for profit distributions. Gross tion is not found in H.R. 3429. two SBIC programs. If a SBIC fails to Receipts means all cash received by a The obligations that each SBIC hold pay any principal or interest on a PD SBIC, including proceeds of the sale of to repay the SBA will be identical, or when due, the Administration, in addi- securities, management or other fees, ‘‘matched’’, in both size and timing to tion to any other remedies that it may and cash representing return of in- the obligations that the SBA holds to have, can demand immediate repay- vested capital, other than capital con- repay to the trust certificate holders ment of the principal balance and all tributed by partners, the proceeds of that have purchased trust certificates accrued interest on all outstanding the issuance of PDs, and money bor- in the pool that holds that particular PDs of that SBIC. This was not the rowed from other sources, if any. Mar- SBICs’ PDs. For advancing funds to an case in the other two programs; thus, ketable Securities that the company SBIC in accordance with the SBIC’s li- this provision brings the new program distributes in kind will be distributed cense agreement with the SBA, an IFP more into compliance with the FCRA. as if they were Gross Receipts. shall have the right to receive interest If a default occurs, the SBA has the When an SBIC misses a payment, the from the SBIC. The manner of calcu- right to charge a default rate of inter- SBA may choose not to liquidate the lating and collecting this interest is est. Again, this is an improvement on SBIC and the SBIC may continue to op- specified. These sections is not found in the existing program. Finally, if a de- erate. In such a case, a SBIC must use H.R. 3429. The aggregate unpaid prin- fault occurs, the SBA may apply the Gross Receipts within 10 days after re- cipal balance of the PDs issued by a SBIC’s private collateral, its private ceipt to repay any outstanding past SBIC must not exceed 200 percent of investments, to pay any interest or due interest and past due principal. If a that company’s private capital. In principal that the SBIC owes the SBA. SBIC has no outstanding past due in- other words, the maximum ratio of the Again, this is an improvement (a cru- terest or principal, it must use Gross SBA’s outstanding investment in the cial improvement) on the existing pro- Receipts to prepay accrued interest. SBIC, when compared to the private in- gram. Such prepayment will be due not later vestors’ investment, is 2:1. This method The bill offers several additions, in than the end of the calendar quarter would be identical to the two current this regard, to the House bill. If default during which such Gross Receipts were SBIC programs. occurs, the SBA can charge a default received. Failure to prepay accrued in- The bill permits the SBA may au- rate of interest. The SBA can also terest will be deemed a Payment De- thorize a trust or pool acting on behalf make use of private investments to pay fault. At such time as there is no un- of the SBA to purchase PDs from an any interest or principle owed to the paid, accrued interest or past due prin- SBIC. This practice occurs in the other SBA by the SBIC. In the event of a cipal outstanding on a SBIC’s PDs, the two SBIC programs, but is not explic- SBIC’s liquidation, a PD will be senior SBIC may use Gross Receipts to prepay itly authorized by the SBIA. The prin- in priority for all purposes to any eq- PD principal that is not past due. If cipal balance of each PD will be pay- uity interests, in other words, the SBA any Gross Receipts remain, they may able in full not later than the tenth an- will have first priority to reimburse- be paid to private investors to repay niversary of the date of issuance of ment. Also, the SBIC’s private collat- their investments. As long as there are that PD. If a SBIC fails to make this eral may, at the option of the SBA, be any outstanding PDs, a SBIC may dis- payment they default immediately and applied to pay accrued interest and tribute Gross Receipts to its limited are liquidated. This was not the case in principal of outstanding PDs. partners but only if they distribute at the other two SBIC programs. Thus, In the event of a default by an SBIC, least a pro-rata share simultaneously both of these provisions bring this new a PD will be senior in priority for all to the administration. program more into compliance with purposes to any equity interests, in If Gross Receipts remain after the the FCRA. other words, the SBA will have first payment of all required payments, re- Our bill, unlike the House bill, adds priority to reimbursement. Also, the maining funds can be used for profit that if an SBIC fails to repay the re- SBIC’s private collateral may, at the distributions. When all PD principal quired principle and interest by a date option of the SBA, be applied to pay and all private capital has been repaid no later than the tenth anniversary of accrued interest and principal of out- in full, post-amortization payments the original issuance, the SBIC de- standing PDs. The bill has an addi- may made be made to the administra- faults immediately and must be liq- tional section for the defaults of the tion. The payments are 25 precent of uidated. Beginning on the date of SBIC. The section creates rights for their pro-rata share until private in- issuance, interest on the principal bal- the SBA, in case of default, that are vestors have received 100 percent of ance outstanding of a PD shall accrue the same as the SBA’s rights in liq- their principal; and thereafter, 50 per- on a daily basis, and unpaid accrued in- uidation. An SBIC also commits to in- cent of their pro-rata share. The order terest shall compound every six vest private equity in small businesses, of payments are: interest payments, months. There are no interest pay- to match the capital raised by its PDs. principal payments, pre-payments, pre- ments during the first five years of a An SBIC in this program shall have no amortization payments, and post-am- PD. All unpaid interest on a PD accru- other debt other than financing ob- ortization payments. This provision ing during the first five years will be tained pursuant to this program. provides for tax distributions that are due and payable in full out of gross re- Unless otherwise allowed by the SBA, required by law, as necessary. No dis- ceipts on the fifth anniversary. Inter- an SBIC may used the proceeds of a PD tribution may violate liquidity re- est accruing on a PD after the fifth an- issued by the company to pay the prin- quirements or other restrictions im- niversary will be due and payable semi- cipal and interest due on outstanding posed by the SBA’s regulations or any annually. Interest payments used to be PDs issued by that company, if the State’s law.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23750 CONGRESSIONAL RECORD—SENATE October 26, 2005 At any time a SBIC is in restricted pansion Act. The purpose of this bill is seize opportunities to foster coopera- operation or liquidation by reason of to provide more opportunity for mili- tion between military installations and capital impairment or regulatory vio- tary bases to enter into cooperative the states and local jurisdictions in lation, the maturity date of the SBIC’s agreements with the governments of which they are located. In so doing, we PDs, including principal and accrued the communities in which they are lo- lay the foundation for mutual under- interest, is subject to acceleration at cated. standing, a strong military and endur- the option of the administration, and One of the options available to the ing communities. whether or not there has been such an military for obtaining the facilities f acceleration, up to 100 percent of all and office space it needs is the lease- Gross Receipts and unfunded private purchase agreement. In this sort of ar- SUBMITTED RESOLUTIONS investor commitments may, at the op- rangement, the military service con- tion of the administration, be required tracts with an entity that agrees to to be distributed to the administration construct a building on military land. SENATE RESOLUTION 288—RECOG- until all accrued interest and principal The military then makes lease pay- NIZING THE LIFE AND ACCOM- on the SBIC’s PDs have been paid in ments over a term of several years. At PLISHMENTS OF WELLINGTON full. No distributions will be made to the end of that term the building be- MARA OF NEW YORK limited partners when a SBIC is in re- comes the property of the government. Mr. SCHUMER submitted the fol- stricted operations or liquidation due Current law says that the military lowing resolution; which was consid- to capital impairment or regulatory services may enter into an agreement ered and agreed to: violation. This section of the bill de- such as this only with a ‘‘private con- S. RES. 288 tails the procedures and requirements tractor.’’ Whereas Tim Wellington Mara was born on that would apply if an SBIC provided a The bill I offer today expands the August 14, 1916 in New York City; partial repayment to the SBA in the range of entities with which the mili- Whereas Wellington Mara became a ball form of securities, rather than cash. tary can enter into these agreements boy for the New York Giants at the age of 9; Another section details the schedule so that the door can be opened to coop- Whereas Wellington Mara was made co- under which payments will be made to erative lease-purchase arrangements owner of the New York Giants in 1930 at the the SBA by an SBIC. Subject to SBA between the military and governments age of 14; regulations and the permission of pri- at the local and State level. Whereas Wellington Mara graduated from We know from the recent round of Loyola High School, a Jesuit institution in vate investors, an SBIC may reinvest Manhattan, and then attended Fordham Uni- Gross Receipts back into small busi- base closures and realignments that versity; nesses. In addition, the bill provides communities across the Nation are Whereas the only interruption in Wel- that after re-payments have occurred closely connected to the military in- lington Mara’s 81 years with the New York in this program, the SBA’s share of stallations situated nearby. The health Giants organization occurred during World such re-payments shall not be reduced and prosperity of one has a direct ef- War II, when he served with distinction for or recalculated. This section does not fect on the health and prosperity of the more than 3 years in the Navy, seeing action create any ownership interest for the other. It is only prudent to allow the in both the Atlantic and Pacific theaters two to work together when it will ben- aboard aircraft carriers; SBA in any SBICs. Rather, the rela- Whereas Wellington Mara was instru- tionship is one of lender-borrower. efit both the base and the community mental in crafting an agreement in which I urge my colleagues to support this to do so. And what more stable partner larger market teams shared television rev- bill. Too much is at stake for small could a military base have than the enue with smaller market teams, thereby al- businesses, and the economy as a local government that welcomes its lowing football to thrive throughout the whole, to allow this critical legislation presence and role in the local commu- United States; to languish. Congress must find essen- nity? Whereas under nearly 80 years of Wel- tial agreement and fulfill its obligation In my own State of Illinois, for exam- lington Mara’s leadership, the New York Gi- ants made 26 postseason appearances, the to America’s small businesses. Failing ple, we are very proud to be host to Scott Air Force Base, home to the second highest in league history, including to advance this bill would diminish our 18 National Football League Divisional chances for innovation, and stifle the United States Transportation Com- championships, and 6 National Football entrepreneurial opportunities this pro- mand, the Air Force’s Air Mobility League championships; gram will produce. Instead, we have an Command, and some tireless flying Whereas Wellington Mara displayed an un- opportunity to support these key at- units that move troops and materials wavering commitment to his players and tributes of American small businesses. all over the world in defense of our Na- coaches by finding doctors for former play- tion. St. Clair County, where Scott Air ers, paying for medical expenses, and arrang- By Mr. DURBIN: Force Base is located, has for some ing help for their families; S. 1924. A bill to strengthen civil- time been willing to discuss with the Whereas Wellington Mara was an invaluable contributor to the National Football military relationships by permitting Air Force the idea of working together League as a member of many ownership com- State and local governments to enter on a lease-purchase agreement. That mittees and has been recognized for always into lease purchase agreements with idea cannot get off the ground; much putting the interests of the game ahead of the United States Armed Forces; to the less take flight, however, so long as the what was best for the New York Giants; Committee on Armed Services. current law strictly limits such agree- Whereas, in 1997, Wellington Mara was Mr. DURBIN. Mr. President, I have ments to private contractors. elected to the Professional Football Hall of often said here on the floor of the Sen- This is just one example from my Fame, joining his father, Tim Mara, who was ate that by working together, we in own State of Illinois. I expect there a charter member of the Hall of Fame; and America can build a better future for Whereas, at the end of a life dedicated to may be other military installations the great game of football, its fans, and play- all of us. Rather than limit our poten- and their neighboring jurisdictions ers, Wellington Mara passed away on October tial with an every-man-for-himself phi- that also might like to work together 25, 2005, at the age of 89: Now, therefore, be losophy, we should find ways to work in a similar fashion. The Base and it together. Anyone who has ever played Community Lease-Purchase Expansion Resolved, That the Senate— sports can recall their coach’s encour- Act which I introduce today will help (1) expresses its most sincere condolences agement to use teamwork. That was open the door to that sort of team- to the family of Wellington Mara, the former good advice for athletics and it’s a work. Ann Mumm, whom he married in 1954, their good idea in public policy too. America America is strongest when the mili- 11 children, and 40 grandchildren; and (2) recognizes the life and accomplishments could use a little bit more of a team- tary and civilian parts of our society of Wellington Mara, who, for more than 8 work society. work together in partnership on decades, dedicated his life to the New York Today I rise to introduce the Base projects of mutual benefit. To that end Giants and their millions of fans and sup- and Community Lease-Purchase Ex- we must work to reduce barriers and porters.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23751 AMENDMENTS SUBMITTED AND SA 2286. Mr. REED submitted an amend- to the bill H.R. 3010, supra; which was or- PROPOSED ment intended to be proposed by him to the dered to lie on the table. bill H.R. 3010, supra; which was ordered to lie SA 2306. Mr. ALEXANDER submitted an SA 2268. Mr. LEVIN submitted an amend- on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 2287. Mrs. BOXER (for herself and Mr. to the bill H.R. 3010, supra; which was or- bill H.R. 3010, making appropriations for the ENSIGN) submitted an amendment intended dered to lie on the table. Departments of Labor, Health and Human to be proposed by her to the bill H.R. 3010, SA 2307. Mr. ALEXANDER submitted an Services, and Education, and Related Agen- supra. amendment intended to be proposed by him cies for the fiscal year ending September 30, SA 2288. Ms. STABENOW (for herself and to the bill H.R. 3010, supra; which was or- 2006, and for other purposes. Ms. SNOWE) submitted an amendment in- dered to lie on the table. SA 2269. Mr. LAUTENBERG submitted an tended to be proposed by her to the bill H.R. SA 2308. Mr. ALEXANDER submitted an amendment intended to be proposed by him 3010, supra; which was ordered to lie on the amendment intended to be proposed by him to the bill H.R. 3010, supra; which was or- table. to the bill H.R. 3010, supra; which was ordered to lie on the table. SA 2289. Mr. DAYTON submitted an dered to lie on the table. SA 2270. Mr. LAUTENBERG submitted an amendment intended to be proposed by him SA 2309. Ms. COLLINS (for herself and Mr. amendment intended to be proposed by him to the bill H.R. 3010, supra. REED) submitted an amendment intended to to the bill H.R. 3010, supra; which was or- SA 2290. Mr. GREGG submitted an amend- be proposed by her to the bill H.R. 3010, dered to lie on the table. ment intended to be proposed by him to the SA 2271. Mr. AKAKA submitted an amend- supra; which was ordered to lie on the table. bill H.R. 3010, supra; which was ordered to lie SA 2310. Mr. STEVENS (for himself and ment intended to be proposed by him to the on the table. bill H.R. 3010, supra; which was ordered to lie Mrs. MURRAY) submitted an amendment in- SA 2291. Mr. SPECTER submitted an tended to be proposed by him to the bill H.R. on the table. amendment intended to be proposed by him SA 2272. Mr. NELSON of Nebraska (for 3010, supra; which was ordered to lie on the to the bill H.R. 3010, supra. table. himself and Mr. DEWINE) submitted an SA 2292. Mrs. CLINTON (for herself, Mr. amendment intended to be proposed by him SA 2311. Mr. SUNUNU submitted an DODD, Mr. KENNEDY, Mr. JEFFORDS, Ms. STA- to the bill H.R. 3010, supra; which was or- amendment intended to be proposed by him BENOW, Mr. DAYTON, Mr. LIEBERMAN, Mr. dered to lie on the table. to the bill H.R. 3010, supra; which was or- REID, Mr. LAUTENBERG, Mr. KOHL, Mr. SA 2273. Mr. KENNEDY submitted an dered to lie on the table. CORZINE, Ms. MIKULSKI, Mr. DURBIN, Mr. amendment intended to be proposed by him SA 2312. Ms. SNOWE submitted an amend- ROCKEFELLER, Mr. JOHNSON, and Mr. KERRY) to the bill H.R. 3010, supra; which was or- ment intended to be proposed by her to the proposed an amendment to the bill H.R. 3010, dered to lie on the table. bill H.R. 3010, supra; which was ordered to lie SA 2274. Mr. NELSON of Nebraska (for supra. on the table. SA 2293. Mr. KENNEDY submitted an himself and Mr. CARPER) submitted an SA 2313. Mrs. CLINTON (for herself and Mr. amendment intended to be proposed by him amendment intended to be proposed by him SCHUMER) proposed an amendment to the bill to the bill H.R. 3010, supra; which was or- to the bill H.R. 3010, supra; which was or- H.R. 3010, supra. dered to lie on the table. dered to lie on the table. SA 2314. Mr. CONRAD submitted an SA 2294. Mr. COLEMAN submitted an SA 2275. Mr. BYRD (for himself, Mr. LIE- amendment intended to be proposed by him amendment intended to be proposed by him BERMAN, Mr. CORZINE, Mr. ROCKEFELLER, Mr. to the bill H.R. 3010, supra; which was or- to the bill H.R. 3010, supra; which was or- SCHUMER, Mr. KERRY, Mr. REED, Mr. REID, dered to lie on the table. dered to lie on the table. Mr. KENNEDY, Mr. BINGAMAN, Mr. DODD, Mr. SA 2315. Mr. DURBIN submitted an amend- SA 2295. Mr. ENZI submitted an amend- KOHL, Mrs. MURRAY, Mr. LAUTENBERG, Ms. ment intended to be proposed by him to the ment intended to be proposed by him to the MIKULSKI, Mrs. CLINTON, and Mr. DAYTON) bill H.R. 3010, supra. bill H.R. 3010, supra; which was ordered to lie proposed an amendment to the bill H.R. 3010, SA 2316. Mr. SCHUMER submitted an on the table. supra. amendment intended to be proposed by him SA 2296. Mr. VITTER submitted an amend- SA 2276. Mr. DOMENICI submitted an to the bill H.R. 3010, supra; which was or- ment intended to be proposed by him to the amendment intended to be proposed by him dered to lie on the table. bill H.R. 3010, supra; which was ordered to lie to the bill H.R. 3010, supra; which was or- SA 2317. Mr. SCHUMER submitted an on the table. dered to lie on the table. amendment intended to be proposed by him SA 2277. Mr. CORNYN submitted an SA 2297. Mr. VITTER submitted an amendment intended to be proposed by him to the to the bill H.R. 3010, supra; which was or- amendment intended to be proposed by him dered to lie on the table. to the bill H.R. 3010, supra. bill H.R. 3010, supra; which was ordered to lie on the table. SA 2318. Mr. SCHUMER submitted an SA 2278. Mr. FRIST submitted an amend- amendment intended to be proposed by him ment intended to be proposed by him to the SA 2298. Mr. VITTER submitted an amendment intended to be proposed by him to the to the bill H.R. 3010, supra; which was or- bill H.R. 3010, supra. dered to lie on the table. SA 2279. Mr. FEINGOLD (for himself and bill H.R. 3010, supra; which was ordered to lie SA 2319. Mrs. CLINTON submitted an Ms. COLLINS) submitted an amendment in- on the table. amendment intended to be proposed by her tended to be proposed by him to the bill H.R. SA 2299. Mr. COCHRAN submitted an to the bill H.R. 3010, supra; which was or- 3010, supra; which was ordered to lie on the amendment intended to be proposed by him dered to lie on the table. table. to the bill H.R. 3010, supra; which was or- SA 2320. Mr. OBAMA submitted an amend- SA 2280. Mr. HARKIN submitted an amend- dered to lie on the table. ment intended to be proposed by him to the ment intended to be proposed by him to the SA 2300. Mr. ENSIGN (for himself, Mr. bill H.R. 3010, supra; which was ordered to lie bill H.R. 3010, supra; which was ordered to lie WARNER, and Mr. ALLEN) submitted an on the table. on the table. amendment intended to be proposed by him SA 2281. Mr. HARKIN (for himself, Mr. to the bill H.R. 3010, supra. SA 2321. Mr. BINGAMAN submitted an KENNEDY, Mr. REID, Mr. DURBIN, Mr. BAYH, SA 2301. Mr. OBAMA (for himself, Mr. DUR- amendment intended to be proposed by him and Mr. JOHNSON) submitted an amendment BIN, Mr. KERRY, Mrs. CLINTON, Mr. DODD, and to the bill H.R. 3010, supra; which was or- intended to be proposed by him to the bill Mr. CORZINE) submitted an amendment in- dered to lie on the table. H.R. 3010, supra; which was ordered to lie on tended to be proposed by him to the bill H.R. SA 2322. Mr. HARKIN submitted an amend- the table. 3010, supra; which was ordered to lie on the ment intended to be proposed by him to the SA 2282. Mr. LEVIN submitted an amend- table. bill H.R. 3010, supra. ment intended to be proposed by him to the SA 2302. Mr. SESSIONS submitted an SA 2323. Mr. HARKIN submitted an amend- bill H.R. 3010, supra; which was ordered to lie amendment intended to be proposed by him ment intended to be proposed by him to the on the table. to the bill H.R. 3010, supra; which was or- bill H.R. 3010, supra; which was ordered to lie SA 2283. Mr. HARKIN (for himself, Mr. dered to lie on the table. on the table. KENNEDY, Mr. REID, Mr. DURBIN, Mr. OBAMA, SA 2303. Mr. ALEXANDER submitted an SA 2324. Mr. ALLEN (for himself and Mr. Mr. BAYH, Mr. KOHL, Ms. MIKULSKI, Mrs. amendment intended to be proposed by him WARNER) submitted an amendment intended CLINTON, Mr. JOHNSON, Mr. DAYTON, and MR. to the bill H.R. 3010, supra; which was or- to be proposed by him to the bill H.R. 3010, BYRD) proposed an amendment to the bill dered to lie on the table. supra; which was ordered to lie on the table. H.R. 3010, supra. SA 2304. Mr. HAGEL (for himself, Mr. SA 2325. Mr. DURBIN submitted an amend- SA 2284. Ms. LANDRIEU submitted an ALEXANDER, Mr. ROBERTS, Mr. WARNER, and ment intended to be proposed by him to the amendment intended to be proposed by her Ms. MURKOWSKI) submitted an amendment bill H.R. 3010, supra; which was ordered to lie to the bill H.R. 3010, supra; which was or- intended to be proposed by him to the bill on the table. dered to lie on the table. H.R. 3010, supra; which was ordered to lie on SA 2326. Mr. DURBIN submitted an amend- SA 2285. Mrs. MURRAY submitted an the table. ment intended to be proposed by him to the amendment intended to be proposed by her SA 2305. Mr. ALEXANDER submitted an bill H.R. 3010, supra; which was ordered to lie to the bill H.R. 3010, supra. amendment intended to be proposed by him on the table.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23752 CONGRESSIONAL RECORD—SENATE October 26, 2005 SA 2327. Mr. COLEMAN (for himself and ralization under this section not later than SA 2271. Mr. AKAKA submitted an Mr. BINGAMAN) submitted an amendment in- 30 days after the submission of such applica- amendment intended to be proposed by tended to be proposed by him to the bill H.R. tion if the applicant— him to the bill H.R. 3010, making ap- 3010, supra; which was ordered to lie on the ‘‘(A) requests such expedited adjudication propriations for the Departments of table. in order to represent the United States at an SA 2328. Ms. LANDRIEU submitted an international event; and Labor, Health and Human Services, amendment intended to be proposed by her ‘‘(B) demonstrates that such expedited ad- and Education, and Related Agencies to the bill H.R. 3010, supra; which was or- judication is related to such representation. for the fiscal year ending September 30, dered to lie on the table. ‘‘(3) An applicant is ineligible for expedited 2006, and for other purposes; which was SA 2329. Mr. INHOFE submitted an amend- adjudication under paragraph (2) if the Sec- ordered to lie on the table; as follows: ment intended to be proposed by him to the retary of Homeland Security determines At the appropriate place in title II, insert bill H.R. 3010, supra; which was ordered to lie that such expedited adjudication poses a risk the following: on the table. to national security. Such a determination SEC. ll. Notwithstanding any other pro- SA 2330. Mr. WARNER (for himself and Mr. by the Secretary shall not be subject to revision of law, the Secretary of Health and LEAHY) proposed an amendment to the bill S. view. Human Services shall compute a DSH allot- 1285, to designate the Federal building lo- ‘‘(4)(A) In addition to any other fee author- ment for the State of Hawaii for fiscal year cated at 333 Mt. Elliott Street in Detroit, ized by law, the Secretary of Homeland Secu- 2006 for purposes of the Medicaid program Michigan, as the ‘‘Rosa Parks Federal Build- rity shall charge and collect a $1,000 pre- under title XIX of the Social Security Act ing’’. mium processing fee from each applicant de- SA 2331. Mr. ENZI submitted an amend- that is comparable to the DSH allotments scribed in this subsection to offset the addi- ment intended to be proposed to amendment determined under that program for other tional costs incurred to expedite the proc- SA 2283 proposed by Mr. HARKIN (for himself, States with a statewide waiver in effect essing of applications under this subsection. Mr. KENNEDY, Mr. REID, Mr. DURBIN, Mr. ‘‘(B) The fee collected under subparagraph under section 1115 of such Act. OBAMA, Mr. BAYH, Mr. KOHL, Ms. MIKULSKI, (A) shall be deposited as offsetting collec- Mrs. CLINTON, Mr. JOHNSON, Mr. DAYTON, and tions in the Immigration Examinations Fee SA 2272. Mr. NELSON of Nebraska Mr. BYRD) to the bill H.R. 3010, making ap- Account.’’. (for himself and Mr. DEWINE) sub- propriations for the Departments of Labor, (b) The amendment made by subsection (a) mitted an amendment intended to be Health and Human Services, and Education, is repealed on January 1, 2006. proposed by him to the bill H.R. 3010, and Related Agencies for the fiscal year end- making appropriations for the Depart- ing September 30, 2006, and for other pur- Mr. LAUTENBERG sub- SA 2269. ments of Labor, Health and Human poses; which was ordered to lie on the table. mitted an amendment intended to be SA 2332. Mr. ENZI submitted an amend- Services, and Education, and Related proposed by him to the bill H.R. 3010, ment intended to be proposed to amendment Agencies for the fiscal year ending Sep- making appropriations for the Depart- SA 2283 proposed by Mr. HARKIN (for himself, tember 30, 2006, and for other purposes; ments of Labor, Health and Human Mr. KENNEDY, Mr. REID, Mr. DURBIN, Mr. which was ordered to lie on the table; OBAMA, Mr. BAYH, Mr. KOHL, Ms. MIKULSKI, Services, and Education, and Related as follows: Mrs. CLINTON, Mr. JOHNSON, and Mr. DAYTON) Agencies for the fiscal year ending Sep- to the bill H.R. 3010, supra; which was or- tember 30, 2006, and for other purposes; On page 222, between lines 5 and 6, insert the following: dered to lie on the table. which was ordered to lie on the table; SA 2333. Mr. ENZI submitted an amend- SEC. lll. (a) Congress makes the fol- ment intended to be proposed to amendment as follows: lowing findings: SA 2283 proposed by Mr. HARKIN (for himself, At the appropriate place, insert the fol- (1) The American Jobs Creation Act of 2004 Mr. KENNEDY, Mr. REID, Mr. DURBIN, Mr. lowing: permitted the outsourcing or privatization OBAMA, Mr. BAYH, Mr. KOHL, Ms. MIKULSKI, SEC. ll. (a) None of the funds made avail- by the Internal Revenue Service of collec- Mrs. CLINTON, Mr. JOHNSON, and Mr. DAYTON) able in this Act may be used to provide ab- tion of unpaid and past due federal income to the bill H.R. 3010, supra; which was or- stinence education that includes information taxes. dered to lie on the table. that is medically inaccurate. For purposes of (2) The Internal Revenue Service is about SA 2334. Mr. ENZI submitted an amend- this section, the term ‘‘medically inac- to issue to private-sector debt collection ment intended to be proposed to amendment curate’’ means information that is unsup- companies tax collection contracts that will SA 2288 submitted by Ms. STABENOW (for her- ported or contradicted by peer-reviewed re- create up to 4,000 well paying private-sector self and Ms. SNOWE) and intended to be pro- search by leading medical, psychological, jobs. posed to the bill H.R. 3010, supra; which was psychiatric, and public health publications, (3) If the same tax collection activities ordered to lie on the table. organizations and agencies. were conducted by Federal employees, Fed- f eral law would give preferences in employ- SA 2270. Mr. LAUTENBERG sub- ment to disabled veterans in filling those TEXT OF AMENDMENTS mitted an amendment intended to be federal jobs. SA 2268. Mr. LEVIN submitted an proposed by him to the bill H.R. 3010, (4) By enacting legislation to improve the amendment intended to be proposed by making appropriations for the Depart- Internal Revenue Service’s tax collection ef- him to the bill H.R. 3010, making ap- ments of Labor, Health and Human forts and outsourcing or privatizing those efforts, Congress did not intend to curtail the propriations for the Departments of Services, and Education, and Related Agencies for the fiscal year ending Sep- Nation’s long-standing commitment to cre- Labor, Health and Human Services, ating meaningful job opportunities for dis- and Education, and Related Agencies tember 30, 2006, and for other purposes; abled veterans and other persons with severe for the fiscal year ending September 30, which was ordered to lie on the table; disabilities. 2006, and for other purposes; as follows: as follows: (5) The contracts the Internal Revenue At the appropriate place, insert the fol- On page 178, after line 25, insert the fol- Service will execute with private-sector debt lowing: lowing: collection companies provide a unique oppor- SEC. ll. (a) Section 316 of the Immigra- SEC. ll. None of the funds made available tunity for the Federal government to stimu- tion and Nationality Act (8 U.S.C. 1427), is under this Act may be used to enroll bene- late the creation of well paying jobs for dis- amended by adding at the end the following: ficiaries under Part D of title XVIII of the abled veterans and other persons with dis- ‘‘(g)(1) The continuous residency require- Social Security Act for a prescription drug abilities. ment under subsection (a) may be reduced to plan or an MA–PD plan that contains an ini- (b) It is the sense of the Senate that— 3 years for an applicant for naturalization tial coverage limit (as described in section (1) the Secretary of the Treasury should, to if— 1860D–2(b)(3) of such Act), unless the bene- the maximum extent practicable, ensure ‘‘(A) the applicant is the beneficiary of an ficiary signs a certification of the following that existing Federal employment pref- approved petition for classification under in a typeface of not less than 18 points: ‘‘I erences for disabled veterans and Federal section 204(a)(1)(E); understand that the Medicare Prescription policies promoting opportunities for other ‘‘(B) the applicant has been approved for Drug Plan or MA–PD Plan that I am signing disabled persons are carried forward as a adjustment of status under section 245(a); up for may result in a gap in coverage during part of any tax collection contract program and a given year. I understand that if subject to carried out under section 6306 of the Internal ‘‘(C) such reduction is necessary for the ap- this gap in coverage, I will be responsible for Revenue Code of 1986, as added by the Amer- plicant to represent the United States at an paying 100 percent of the cost of my prescrip- ican Jobs Creation Act of 2004, and international event. tion drugs and will continue to be respon- (2) the criteria applied by the Internal Rev- ‘‘(2) The Secretary of Homeland Security sible for paying the plan’s monthly premium enue Service in awarding contracts to pri- shall adjudicate an application for natu- while subject to this gap in coverage.’’. vate-sector tax collection companies under

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23753 such program should incorporate a pref- compromise shall be accompanied by the ‘‘(ii) provides for contingent payments, erence for companies hiring disabled vet- payment of the amount of the first proposed any regulations which require original issue erans and other disabled persons. installment and each proposed installment discount to be determined by reference to due during the period such offer is being the comparable yield of a noncontingent SA 2273. Mr. KENNEDY submitted an evaluated for acceptance and has not been fixed-rate debt instrument shall be applied amendment intended to be proposed by rejected by the Secretary. Any failure to as if the regulations require that such com- him to the bill H.R. 3010, making ap- make a payment required under the pre- parable yield be determined by reference to a propriations for the Departments of ceding sentence shall be deemed a with- noncontingent fixed-rate debt instrument Labor, Health and Human Services, drawal of the offer-in-compromise. which is convertible into stock. and Education, and Related Agencies ‘‘(2) RULES OF APPLICATION.— ‘‘(B) SPECIAL RULE.—For purposes of sub- for the fiscal year ending September 30, ‘‘(A) USE OF PAYMENT.—The application of paragraph (A), the comparable yield shall be any payment made under this subsection to determined without taking into account the 2006, and for other purposes; which was the assessed tax or other amounts imposed ordered to lie on the table; as follows: yield resulting from the conversion of a debt under this title with respect to such tax may instrument into stock.’’. At the end of title III (before the short be specified by the taxpayer. (b) CROSS REFERENCE.—Section 163(e)(6) of title), add the following: ‘‘(B) NO USER FEE IMPOSED.—Any user fee the Internal Revenue Code of 1986 (relating SEC. ll. ADDITIONAL FUNDING FOR PART A OF which would otherwise be imposed under this to cross references) is amended by adding at TITLE I OF ESEA. section shall not be imposed on any offer-in- the end the following: In addition to amounts otherwise appro- compromise accompanied by a payment re- ‘‘For the treatment of contingent payment priated under this Act, there are appro- quired under this subsection.’’. convertible debt, see section 1275(d)(2).’’. priated, out of any money in the Treasury (b) ADDITIONAL RULES RELATING TO TREAT- (c) EFFECTIVE DATE.—The amendments not otherwise appropriated, $85,000,000 to en- MENT OF OFFERS.— made by this section shall apply to debt insure that the amount of Federal assistance (1) UNPROCESSABLE OFFER IF PAYMENT RE- struments issued on or after the date of the received under part A of title I of the Ele- QUIREMENTS ARE NOT MET.—Paragraph (3) of enactment of this Act. mentary and Secondary Education Act of section 7122(d) of the Internal Revenue Code 1965 (20 U.S.C. 6311 et seq.) by a local edu- of 1986 (relating to standards for evaluation SEC. ll. IMPOSITION OF MARK-TO-MARKET TAX cational agency for fiscal year 2006 is not of offers), as redesignated by subsection (a), ON INDIVIDUALS WHO EXPATRIATE. less than the amount of Federal assistance is amended by striking ‘‘; and’’ at the end of (a) IN GENERAL.—Subpart A of part II of received by such agency under such part for subparagraph (A) and inserting a comma, by subchapter N of chapter 1of the Internal Rev- fiscal year 2005. striking the period at the end of subpara- enue Code of 1986 is amended by inserting graph (B) and inserting ‘‘, and’’, and by add- after section 877 the following new section: SA 2274. Mr. NELSON of Nebraska ing at the end the following new subpara- ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- (for himself and Mr. CARPER) submitted graph: TION. an amendment intended to be proposed ‘‘(C) any offer-in-compromise which does ‘‘(a) GENERAL RULES.—For purposes of this by him to the bill H.R. 3010, making ap- not meet the requirements of subsection (c) subtitle— propriations for the Departments of shall be returned to the taxpayer as ‘‘(1) MARK TO MARKET.—Except as provided in subsections (d) and (f), all property of a Labor, Health and Human Services, unprocessable.’’. (2) DEEMED ACCEPTANCE OF OFFER NOT RE- covered expatriate to whom this section ap- and Education, and Related Agencies JECTED WITHIN CERTAIN PERIOD.—Section 7122 plies shall be treated as sold on the day be- for the fiscal year ending September 30, of such Code, as amended by subsection (a), fore the expatriation date for its fair market 2006, and for other purposes; which was is amended by adding at the end the fol- value. ordered to lie on the table; as follows: lowing new subsection: ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the On page 158, strike lines 12 through 21 and ‘‘(f) DEEMED ACCEPTANCE OF OFFER NOT RE- case of any sale under paragraph (1)— insert the following: JECTED WITHIN CERTAIN PERIOD.—Any offer- ‘‘(A) notwithstanding any other provision bus Budget Reconciliation Act of 1981, in-compromise submitted under this section of this title, any gain arising from such sale $3,483,000,000. shall be deemed to be accepted by the Sec- shall be taken into account for the taxable For making payments under title XXVI of retary if such offer is not rejected by the year of the sale, and the Omnibus Budget Reconciliation Act of Secretary before the date which is 24 months ‘‘(B) any loss arising from such sale shall 1981, $300,000,000, to remain available until after the date of the submission of such offer be taken into account for the taxable year of expended: Provided, That these funds are for (12 months for offers-in-compromise sub- the sale to the extent otherwise provided by mitted after the date which is 5 years after the unanticipated home energy assistance this title, except that section 1091 shall not the date of the enactment of this sub- needs of one or more States, as authorized by apply to any such loss. section). For purposes of the preceding sen- section 2604(e) of the Act: Provided further, Proper adjustment shall be made in the tence, any period during which any tax li- That the entire amount is designated as an amount of any gain or loss subsequently re- ability which is the subject of such offer-in- alized for gain or loss taken into account emergency requirement pursuant to section compromise is in dispute in any judicial pro- 402 of H. Con. Res. 95 (109th Congress), the ceeding shall not be taken in to account in under the preceding sentence. concurrent resolution on the budget for fis- determining the expiration of the 24-month ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— cal year 2006. period (or 12-month period, if applicable).’’. ‘‘(A) IN GENERAL.—The amount which, but GENERAL PROVISION—REVENUE RAISING (c) EFFECTIVE DATE.—The amendments for this paragraph, would be includible in the PROVISIONS made by this section shall apply to offers-in- gross income of any individual by reason of SEC. ll. PARTIAL PAYMENTS REQUIRED WITH compromise submitted on and after the date this section shall be reduced (but not below SUBMISSION OF OFFERS-IN-COM- which is 60 days after the date of the enact- zero) by $600,000. For purposes of this para- PROMISE. ment of this Act. graph, allocable expatriation gain taken into (a) IN GENERAL.—Section 7122 of the Inter- SEC. ll. TREATMENT OF CONTINGENT PAY- account under subsection (f)(2) shall be nal Revenue Code of 1986 (relating to com- MENT CONVERTIBLE DEBT INSTRU- treated in the same manner as an amount re- promises) is amended by redesignating sub- MENTS. quired to be includible in gross income. sections (c) and (d) as subsections (d) and (e), (a) IN GENERAL.—Section 1275(d) of the In- ‘‘(B) COST-OF-LIVING ADJUSTMENT.— respectively, and by inserting after sub- ternal Revenue Code of 1986 (relating to reg- ‘‘(i) IN GENERAL.—In the case of an expa- section (b) the following new subsection: ulation authority) is amended— triation date occurring in any calendar year ‘‘(c) RULES FOR SUBMISSION OF OFFERS-IN- (1) by striking ‘‘The Secretary’’ and insert- after 2005, the $600,000 amount under sub- COMPROMISE.— ing the following: paragraph (A) shall be increased by an ‘‘(1) PARTIAL PAYMENT REQUIRED WITH SUB- ‘‘(1) IN GENERAL.—The Secretary’’, and amount equal to— MISSION.— (2) by adding at the end the following new ‘‘(I) such dollar amount, multiplied by ‘‘(A) LUMP-SUM OFFERS.— paragraph: ‘‘(II) the cost-of-living adjustment deter- ‘‘(i) IN GENERAL.—The submission of any ‘‘(2) TREATMENT OF CONTINGENT PAYMENT mined under section 1(f)(3) for such calendar lump-sum offer-in-compromise shall be ac- CONVERTIBLE DEBT.— year, determined by substituting ‘calendar companied by the payment of 20 percent of ‘‘(A) IN GENERAL.—In the case of a debt in- year 2004’ for ‘calendar year 1992’ in subpara- amount of such offer. strument which— graph (B) thereof. ‘‘(ii) LUMP-SUM OFFER-IN-COMPROMISE.—For ‘‘(i) is convertible into stock of the issuing ‘‘(ii) ROUNDING RULES.—If any amount after purposes of this section, the term ‘lump-sum corporation, into stock or debt of a related adjustment under clause (i) is not a multiple offer-in-compromise’ means any offer of pay- party (within the meaning of section 267(b) of $1,000, such amount shall be rounded to ments made in 5 or fewer installments. or 707(b)(1)), or into cash or other property in the next lower multiple of $1,000. ‘‘(B) PERIODIC PAYMENT OFFERS.—The sub- an amount equal to the approximate value of ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS mission of any periodic payment offer-in- such stock or debt, and UNITED STATES CITIZEN.—

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23754 CONGRESSIONAL RECORD—SENATE October 26, 2005

‘‘(A) IN GENERAL.—If a covered expatriate right under any treaty of the United States ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- elects the application of this paragraph— which would preclude assessment or collec- TIONS BY PLAN.—For purposes of this title, a ‘‘(i) this section (other than this paragraph tion of any tax imposed by reason of this sec- retirement plan to which this paragraph ap- and subsection (i)) shall not apply to the ex- tion. plies, and any person acting on the plan’s be- patriate, but ‘‘(6) ELECTIONS.—An election under para- half, shall treat any subsequent distribution ‘‘(ii) in the case of property to which this graph (1) shall only apply to property de- described in subparagraph (B) in the same section would apply but for such election, scribed in the election and, once made, is ir- manner as such distribution would be treat- the expatriate shall be subject to tax under revocable. An election may be made under ed without regard to this paragraph. this title in the same manner as if the indi- paragraph (1) with respect to an interest in a ‘‘(D) APPLICABLE PLANS.—This paragraph vidual were a United States citizen. trust with respect to which gain is required shall apply to— ‘‘(B) REQUIREMENTS.—Subparagraph (A) to be recognized under subsection (f)(1). ‘‘(i) any qualified retirement plan (as de- shall not apply to an individual unless the ‘‘(7) INTEREST.—For purposes of section fined in section 4974(c)), individual— 6601— ‘‘(ii) an eligible deferred compensation ‘‘(i) provides security for payment of tax in ‘‘(A) the last date for the payment of tax plan (as defined in section 457(b)) of an eligi- such form and manner, and in such amount, shall be determined without regard to the ble employer described in section as the Secretary may require, election under this subsection, and 457(e)(1)(A), and ‘‘(ii) consents to the waiver of any right of ‘‘(B) section 6621(a)(2) shall be applied by ‘‘(iii) to the extent provided in regulations, the individual under any treaty of the substituting ‘5 percentage points’ for ‘3 per- any foreign pension plan or similar retire- United States which would preclude assess- centage points’ in subparagraph (B) thereof. ment arrangements or programs. ment or collection of any tax which may be ‘‘(c) COVERED EXPATRIATE.—For purposes ‘‘(e) DEFINITIONS.—For purposes of this sec- imposed by reason of this paragraph, and of this section— tion— ‘‘(iii) complies with such other require- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) EXPATRIATE.—The term ‘expatriate’ ments as the Secretary may prescribe. paragraph (2), the term ‘covered expatriate’ means— means an expatriate. ‘‘(A) any United States citizen who relin- ‘‘(C) ELECTION.—An election under subparagraph (A) shall apply to all property to ‘‘(2) EXCEPTIONS.—An individual shall not quishes citizenship, and which this section would apply but for the be treated as a covered expatriate if— ‘‘(B) any long-term resident of the United election and, once made, shall be irrev- ‘‘(A) the individual— States who— ‘‘(i) became at birth a citizen of the United ocable. Such election shall also apply to ‘‘(i) ceases to be a lawful permanent resi- States and a citizen of another country and, dent of the United States (within the mean- property the basis of which is determined in as of the expatriation date, continues to be a ing of section 7701(b)(6)), or whole or in part by reference to the property citizen of, and is taxed as a resident of, such ‘‘(ii) commences to be treated as a resident with respect to which the election was made. other country, and of a foreign country under the provisions of ‘‘(b) ELECTION TO DEFER TAX.— ‘‘(ii) has not been a resident of the United a tax treaty between the United States and ‘‘(1) IN GENERAL.—If the taxpayer elects the States (as defined in section 7701(b)(1)(A)(ii)) the foreign country and who does not waive application of this subsection with respect to during the 5 taxable years ending with the the benefits of such treaty applicable to resi- any property treated as sold by reason of taxable year during which the expatriation dents of the foreign country. subsection (a), the payment of the additional date occurs, or ‘‘(2) EXPATRIATION DATE.—The term ‘expa- tax attributable to such property shall be ‘‘(B)(i) the individual’s relinquishment of triation date’ means— postponed until the due date of the return United States citizenship occurs before such ‘‘(A) the date an individual relinquishes for the taxable year in which such property individual attains age 181⁄2, and United States citizenship, or is disposed of (or, in the case of property dis- ‘‘(ii) the individual has been a resident of ‘‘(B) in the case of a long-term resident of posed of in a transaction in which gain is not the United States (as so defined) for not the United States, the date of the event de- recognized in whole or in part, until such more than 5 taxable years before the date of scribed in clause (i) or (ii) of paragraph other date as the Secretary may prescribe). relinquishment. (1)(B). ‘‘(2) DETERMINATION OF TAX WITH RESPECT ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A TO PROPERTY.—For purposes of paragraph (1), PENSION PLANS.— citizen shall be treated as relinquishing the additional tax attributable to any prop- ‘‘(1) EXEMPT PROPERTY.—This section shall United States citizenship on the earliest of— erty is an amount which bears the same not apply to the following: ‘‘(A) the date the individual renounces ratio to the additional tax imposed by this ‘‘(A) UNITED STATES REAL PROPERTY INTER- such individual’s United States nationality chapter for the taxable year solely by reason ESTS.—Any United States real property in- before a diplomatic or consular officer of the of subsection (a) as the gain taken into ac- terest (as defined in section 897(c)(1)), other United States pursuant to paragraph (5) of count under subsection (a) with respect to than stock of a United States real property section 349(a) of the Immigration and Na- such property bears to the total gain taken holding corporation which does not, on the tionality Act (8 U.S.C. 1481(a)(5)), into account under subsection (a) with re- day before the expatriation date, meet the ‘‘(B) the date the individual furnishes to spect to all property to which subsection (a) requirements of section 897(c)(2). the United States Department of State a applies. ‘‘(B) SPECIFIED PROPERTY.—Any property signed statement of voluntary relinquish- ‘‘(3) TERMINATION OF POSTPONEMENT.—No or interest in property not described in sub- ment of United States nationality con- tax may be postponed under this subsection paragraph (A) which the Secretary specifies firming the performance of an act of expa- later than the due date for the return of tax in regulations. triation specified in paragraph (1), (2), (3), or imposed by this chapter for the taxable year ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- (4) of section 349(a) of the Immigration and which includes the date of death of the expa- MENT PLANS.— Nationality Act (8 U.S.C. 1481(a)(1)–(4)), triate (or, if earlier, the time that the secu- ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(C) the date the United States Depart- rity provided with respect to the property holds on the day before the expatriation date ment of State issues to the individual a cer- fails to meet the requirements of paragraph any interest in a retirement plan to which tificate of loss of nationality, or (4), unless the taxpayer corrects such failure this paragraph applies— ‘‘(D) the date a court of the United States within the time specified by the Secretary). ‘‘(i) such interest shall not be treated as cancels a naturalized citizen’s certificate of ‘‘(4) SECURITY.— sold for purposes of subsection (a)(1), but naturalization. ‘‘(A) IN GENERAL.—No election may be ‘‘(ii) an amount equal to the present value Subparagraph (A) or (B) shall not apply to made under paragraph (1) with respect to of the expatriate’s nonforfeitable accrued any individual unless the renunciation or any property unless adequate security is pro- benefit shall be treated as having been re- voluntary relinquishment is subsequently vided to the Secretary with respect to such ceived by such individual on such date as a approved by the issuance to the individual of property. distribution under the plan. a certificate of loss of nationality by the ‘‘(B) ADEQUATE SECURITY.—For purposes of ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- United States Department of State. subparagraph (A), security with respect to TIONS.—In the case of any distribution on or ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- any property shall be treated as adequate se- after the expatriation date to or on behalf of term resident’ has the meaning given to such curity if— the covered expatriate from a plan from term by section 877(e)(2). ‘‘(i) it is a bond in an amount equal to the which the expatriate was treated as receiv- ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- deferred tax amount under paragraph (2) for ing a distribution under subparagraph (A), FICIARIES’ INTERESTS IN TRUST.— the property, or the amount otherwise includible in gross in- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(ii) the taxpayer otherwise establishes to come by reason of the subsequent distribu- paragraph (2), if an individual is determined the satisfaction of the Secretary that the se- tion shall be reduced by the excess of the under paragraph (3) to hold an interest in a curity is adequate. amount includible in gross income under trust on the day before the expatriation ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- subparagraph (A) over any portion of such date— tion may be made under paragraph (1) unless amount to which this subparagraph pre- ‘‘(A) the individual shall not be treated as the taxpayer consents to the waiver of any viously applied. having sold such interest,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23755

‘‘(B) such interest shall be treated as a sep- the trust if the beneficiary held directly all ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- arate share in the trust, and assets allocable to such interests. ficiary of a trust is a corporation, partner- ‘‘(C)(i) such separate share shall be treated ‘‘(E) TAX DEDUCTED AND WITHHELD.— ship, trust, or estate, the shareholders, part- as a separate trust consisting of the assets ‘‘(i) IN GENERAL.—The tax imposed by sub- ners, or beneficiaries shall be deemed to be allocable to such share, paragraph (A)(ii) shall be deducted and with- the trust beneficiaries for purposes of this ‘‘(ii) the separate trust shall be treated as held by the trustees from the distribution to section. having sold its assets on the day before the which it relates. ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- expatriation date for their fair market value ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE payer shall clearly indicate on its income and as having distributed all of its assets to TREATY RIGHTS.—If an amount may not be tax return— the individual as of such time, and deducted and withheld under clause (i) by ‘‘(I) the methodology used to determine ‘‘(iii) the individual shall be treated as reason of the distributee failing to waive any that taxpayer’s trust interest under this sec- having recontributed the assets to the sepa- treaty right with respect to such distribution, and rate trust. tion— ‘‘(II) if the taxpayer knows (or has reason Subsection (a)(2) shall apply to any income, ‘‘(I) the tax imposed by subparagraph to know) that any other beneficiary of such gain, or loss of the individual arising from a (A)(ii) shall be imposed on the trust and each trust is using a different methodology to de- distribution described in subparagraph trustee shall be personally liable for the termine such beneficiary’s trust interest under this section. (C)(ii). In determining the amount of such amount of such tax, and ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In distribution, proper adjustments shall be ‘‘(II) any other beneficiary of the trust the case of any covered expatriate, notwith- made for liabilities of the trust allocable to shall be entitled to recover from the dis- standing any other provision of this title— an individual’s share in the trust. tributee the amount of such tax imposed on ‘‘(1) any period during which recognition of ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- the other beneficiary. income or gain is deferred shall terminate on FIED TRUSTS.— ‘‘(F) DISPOSITION.—If a trust ceases to be a the day before the expatriation date, and ‘‘(A) IN GENERAL.—If the trust interest de- qualified trust at any time, a covered expa- ‘‘(2) any extension of time for payment of scribed in paragraph (1) is an interest in a triate disposes of an interest in a qualified tax shall cease to apply on the day before the qualified trust— trust, or a covered expatriate holding an in- expatriation date and the unpaid portion of ‘‘(i) paragraph (1) and subsection (a) shall terest in a qualified trust dies, then, in lieu such tax shall be due and payable at the time not apply, and of the tax imposed by subparagraph (A)(ii), there is hereby imposed a tax equal to the and in the manner prescribed by the Sec- ‘‘(ii) in addition to any other tax imposed retary. by this title, there is hereby imposed on each lesser of— ‘‘(h) IMPOSITION OF TENTATIVE TAX.— distribution with respect to such interest a ‘‘(i) the tax determined under paragraph (1) as if the day before the expatriation date ‘‘(1) IN GENERAL.—If an individual is re- tax in the amount determined under sub- quired to include any amount in gross in- paragraph (B). were the date of such cessation, disposition, or death, whichever is applicable, or come under subsection (a) for any taxable ‘‘(B) AMOUNT OF TAX.—The amount of tax year, there is hereby imposed, immediately under subparagraph (A)(ii) shall be equal to ‘‘(ii) the balance in the tax deferred account immediately before such date. before the expatriation date, a tax in an the lesser of— amount equal to the amount of tax which ‘‘(i) the highest rate of tax imposed by sec- Such tax shall be imposed on the trust and would be imposed if the taxable year were a tion 1(e) for the taxable year which includes each trustee shall be personally liable for the short taxable year ending on the expatria- the day before the expatriation date, multi- amount of such tax and any other bene- tion date. plied by the amount of the distribution, or ficiary of the trust shall be entitled to re- ‘‘(2) DUE DATE.—The due date for any tax ‘‘(ii) the balance in the deferred tax ac- cover from the covered expatriate or the es- imposed by paragraph (1) shall be the 90th count immediately before the distribution tate the amount of such tax imposed on the day after the expatriation date. determined without regard to any increases other beneficiary. ‘‘(3) TREATMENT OF TAX.—Any tax paid under subparagraph (C)(ii) after the 30th day ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For under paragraph (1) shall be treated as a pay- preceding the distribution. purposes of this paragraph— ment of the tax imposed by this chapter for ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes ‘‘(i) QUALIFIED TRUST.—The term ‘qualified the taxable year to which subsection (a) ap- of subparagraph (B)(ii)— trust’ means a trust which is described in plies. ‘‘(i) OPENING BALANCE.—The opening bal- section 7701(a)(30)(E). ‘‘(4) DEFERRAL OF TAX.—The provisions of ance in a deferred tax account with respect ‘‘(ii) VESTED INTEREST.—The term ‘vested subsection (b) shall apply to the tax imposed to any trust interest is an amount equal to interest’ means any interest which, as of the by this subsection to the extent attributable the tax which would have been imposed on day before the expatriation date, is vested in to gain includible in gross income by reason the allocable expatriation gain with respect the beneficiary. of this section. to the trust interest if such gain had been in- ‘‘(iii) NONVESTED INTEREST.—The term ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX cluded in gross income under subsection (a). ‘nonvested interest’ means, with respect to AMOUNTS.— ‘‘(ii) INCREASE FOR INTEREST.—The balance any beneficiary, any interest in a trust ‘‘(1) IMPOSITION OF LIEN.— in the deferred tax account shall be in- which is not a vested interest. Such interest ‘‘(A) IN GENERAL.—If a covered expatriate creased by the amount of interest deter- shall be determined by assuming the max- makes an election under subsection (a)(4) or mined (on the balance in the account at the imum exercise of discretion in favor of the (b) which results in the deferral of any tax time the interest accrues), for periods after beneficiary and the occurrence of all contin- imposed by reason of subsection (a), the de- the 90th day after the expatriation date, by gencies in favor of the beneficiary. ferred amount (including any interest, addi- using the rates and method applicable under ‘‘(iv) ADJUSTMENTS.—The Secretary may tional amount, addition to tax, assessable section 6621 for underpayments of tax for provide for such adjustments to the bases of penalty, and costs attributable to the de- such periods, except that section 6621(a)(2) assets in a trust or a deferred tax account, ferred amount) shall be a lien in favor of the shall be applied by substituting ‘5 percentage and the timing of such adjustments, in order United States on all property of the expa- points’ for ‘3 percentage points’ in subpara- to ensure that gain is taxed only once. triate located in the United States (without graph (B) thereof. ‘‘(v) COORDINATION WITH RETIREMENT PLAN regard to whether this section applies to the ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY RULES.—This subsection shall not apply to property). PAID.—The balance in the tax deferred ac- an interest in a trust which is part of a re- ‘‘(B) DEFERRED AMOUNT.—For purposes of count shall be reduced— tirement plan to which subsection (d)(2) ap- this subsection, the deferred amount is the ‘‘(I) by the amount of taxes imposed by plies. amount of the increase in the covered expa- subparagraph (A) on any distribution to the ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- triate’s income tax which, but for the elec- person holding the trust interest, and TEREST IN TRUST.— tion under subsection (a)(4) or (b), would ‘‘(II) in the case of a person holding a non- ‘‘(A) DETERMINATIONS UNDER PARAGRAPH have occurred by reason of this section for vested interest, to the extent provided in (1).—For purposes of paragraph (1), a bene- the taxable year including the expatriation regulations, by the amount of taxes imposed ficiary’s interest in a trust shall be based date. by subparagraph (A) on distributions from upon all relevant facts and circumstances, ‘‘(2) PERIOD OF LIEN.—The lien imposed by the trust with respect to nonvested interests including the terms of the trust instrument this subsection shall arise on the expatria- not held by such person. and any letter of wishes or similar docu- tion date and continue until— ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For ment, historical patterns of trust distribu- ‘‘(A) the liability for tax by reason of this purposes of this paragraph, the allocable ex- tions, and the existence of and functions per- section is satisfied or has become unenforce- patriation gain with respect to any bene- formed by a trust protector or any similar able by reason of lapse of time, or ficiary’s interest in a trust is the amount of adviser. ‘‘(B) it is established to the satisfaction of gain which would be allocable to such bene- ‘‘(B) OTHER DETERMINATIONS.—For purposes the Secretary that no further tax liability ficiary’s vested and nonvested interests in of this section— may arise by reason of this section.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23756 CONGRESSIONAL RECORD—SENATE October 26, 2005 ‘‘(3) CERTAIN RULES APPLY.—The rules set request of the Attorney General or the At- H.R. 3010, making appropriations for forth in paragraphs (1), (3), and (4) of section torney General’s delegate, the Secretary the Departments of Labor, Health and 6324A(d) shall apply with respect to the lien shall disclose whether an individual is in Human Services, and Education, and imposed by this subsection as if it were a compliance with section 877A (and if not in Related Agencies for the fiscal year lien imposed by section 6324A. compliance, any items of noncompliance) to ‘‘(j) REGULATIONS.—The Secretary shall officers and employees of the Federal agency ending September 30, 2006, and for prescribe such regulations as may be nec- responsible for administering section other purposes; which was ordered to essary or appropriate to carry out the pur- 212(a)(10)(E) of the Immigration and Nation- lie on the table; as follows: poses of this section.’’. ality Act solely for the purpose of, and to the At the end of title III (before the short NCLUSION IN INCOME OF GIFTS AND BE- (b) I extent necessary in, administering such sec- title), add the following: QUESTS RECEIVED BY UNITED STATES CITIZENS tion 212(a)(10)(E).’’. SEC. ll. ADDITIONAL TITLE I FUNDING. AND RESIDENTS FROM EXPATRIATES.—Section (B) SAFEGUARDS.—Section 6103(p)(4) of such 102 of the Internal Revenue Code of 1986 (re- In addition to amounts otherwise appro- Code (relating to safeguards) is amended by priated under this Act, there are appro- lating to gifts, etc. not included in gross in- striking ‘‘or (20)’’ each place it appears and come) is amended by adding at the end the priated, out of any money in the Treasury inserting ‘‘(20), or (21)’’. following new subsection: not otherwise appropriated, $5,000,000,000 for (3) EFFECTIVE DATES.—The amendments ‘‘(d) GIFTS AND INHERITANCES FROM COV- carrying out title I of the Elementary and made by this subsection shall apply to indi- ERED EXPATRIATES.— Secondary Education Act of 1965 (20 U.S.C. viduals who relinquish United States citizen- ‘‘(1) IN GENERAL.—Subsection (a) shall not 6301 et seq.), of which— exclude from gross income the value of any ship on or after the date of the enactment of (1) $2,500,000,000 shall be for targeted grants property acquired by gift, bequest, devise, or this Act. under section 1125 of such Act; and inheritance from a covered expatriate after (e) CONFORMING AMENDMENTS.— (2) $2,500,000,000 shall be for education fi- the expatriation date. For purposes of this (1) Section 877 of the Internal Revenue nance incentive grants under section 1125A subsection, any term used in this subsection Code of 1986 is amended by adding at the end of such Act. which is also used in section 877A shall have the following new subsection: ‘‘(h) APPLICATION.—This section shall not the same meaning as when used in section SA 2276. Mr. DOMENICI submitted an apply to an expatriate (as defined in section 877A. 877A(e)) whose expatriation date (as so de- amendment intended to be proposed by ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE fined) occurs on or after the date of the en- him to the bill H.R. 3010, making ap- SUBJECT TO ESTATE OR GIFT TAX.—Paragraph actment of the Safe, Accountable, Flexible, propriations for the Departments of (1) shall not apply to any property if either— and Efficient Transportation Equity Act of Labor, Health and Human Services, ‘‘(A) the gift, bequest, devise, or inherit- 2005.’’. ance is— and Education, and Related Agencies (2) Section 2107 of such Code is amended by ‘‘(i) shown on a timely filed return of tax for the fiscal year ending September 30, adding at the end the following new sub- imposed by chapter 12 as a taxable gift by 2006, and for other purposes; which was section: the covered expatriate, or ordered to lie on the table; as follows: ‘‘(f) APPLICATION.—This section shall not ‘‘(ii) included in the gross estate of the apply to any expatriate subject to section On page 165, strike line 2 and insert the fol- covered expatriate for purposes of chapter 11 877A.’’. lowing: and shown on a timely filed return of tax im- (3) Section 2501(a)(3) of such Code is amend- for a study of the system’s effectiveness: Pro- posed by chapter 11 of the estate of the cov- ed by adding at the end the following new vided further, That the total amount made ered expatriate, or subparagraph: available under this heading shall be in- ‘‘(B) no such return was timely filed but no ‘‘(C) APPLICATION.—This paragraph shall creased by $15,000,000, which shall be for car- such return would have been required to be not apply to any expatriate subject to sec- rying out the National Youth Sports Pro- filed even if the covered expatriate were a tion 877A.’’. gram under the Community Services Block citizen or long-term resident of the United (f) CLERICAL AMENDMENT.—The table of Grant Act. States.’’. sections for subpart A of part II of sub- (c) DEFINITION OF TERMINATION OF UNITED GENERAL PROVISION—REDUCTION chapter N of chapter 1 of the Internal Rev- STATES CITIZENSHIP.—Section 7701(a) of the SEC. . Notwithstanding any other pro- enue Code of 1986 is amended by inserting ll Internal Revenue Code of 1986 is amended by vision of this Act, $338,614,000 shall be the after the item relating to section 877 the fol- adding at the end the following new para- total amount made available under the head- lowing new item: graph: ing ‘‘GENERAL DEPARTMENTAL MANAGEMENT’’ ‘‘(49) TERMINATION OF UNITED STATES CITI- ‘‘Sec. 877A. Tax responsibilities of expatria- under the heading ‘‘OFFICE OF THE SEC- ZENSHIP.— tion.’’. RETARY’’ (other than funds transferred and ‘‘(A) IN GENERAL.—An individual shall not (g) EFFECTIVE DATE.— expended as authorized by section 201(g)(1) of cease to be treated as a United States citizen (1) IN GENERAL.—Except as provided in this the Social Security Act, and amounts avail- before the date on which the individual’s subsection, the amendments made by this able under section 241 of the Public Health citizenship is treated as relinquished under section shall apply to expatriates (within the Service Act, as described under such head- section 877A(e)(3). meaning of section 877A(e) of the Internal ings). ‘‘(B) DUAL CITIZENS.—Under regulations Revenue Code of 1986, as added by this sec- prescribed by the Secretary, subparagraph tion) whose expatriation date (as so defined) SA 2277. Mr. CORNYN submitted an (A) shall not apply to an individual who be- occurs on or after the date of the enactment amendment intended to be proposed by came at birth a citizen of the United States of this Act. him to the bill H.R. 3010, making ap- and a citizen of another country.’’. (2) GIFTS AND BEQUESTS.—Section 102(d) of (d) INELIGIBILITY FOR VISA OR ADMISSION TO the Internal Revenue Code of 1986 (as added propriations for the Departments of UNITED STATES.— by subsection (b)) shall apply to gifts and be- Labor, Health and Human Services, (1) IN GENERAL.—Section 212(a)(10)(E) of the quests received on or after the date of the and Education, and Related Agencies Immigration and Nationality Act (8 U.S.C. enactment of this Act, from an individual or for the fiscal year ending September 30, 1182(a)(10)(E)) is amended to read as follows: the estate of an individual whose expatria- 2006, and for other purposes; as follows: ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE tion date (as so defined) occurs after such On page 112, strike lines 17 and 18 and in- WITH EXPATRIATION REVENUE PROVISIONS.— date. sert the following: Any alien who is a former citizen of the (3) DUE DATE FOR TENTATIVE TAX.—The due United States who relinquishes United date under section 877A(h)(2) of the Internal Workforce Investment Act of 1998; States citizenship (within the meaning of Revenue Code of 1986, as added by this sec- $2,867,806,000 plus reimbursements, of which section 877A(e)(3) of the Internal Revenue tion, shall in no event occur before the 90th $1,871,518,000 is available for obli- Code of 1986) and who is not in compliance day after the date of the enactment of this On page 113, strike lines 8 through 13 and with section 877A of such Code (relating to Act. insert the following: expatriation).’’. $1,148,264,000 shall be for activities described (2) AVAILABILITY OF INFORMATION.— SA 2275. Mr. BYRD (for himself, Mr. in section 132(a)(2)(B) of such Act: Provided (A) IN GENERAL.—Section 6103(l) of the In- LIEBERMAN, Mr. CORZINE, Mr. ROCKE- further, That $125,000,000 shall be available ternal Revenue Code of 1986 (relating to dis- FELLER, Mr. SCHUMER, Mr. KERRY, Mr. for Community-Based Job Training Grants, closure of returns and return information for and not more than an additional $125,000,000 REED, Mr. REID, Mr. KENNEDY, Mr. purposes other than tax administration) is may be used by the Secretary of Labor for amended by adding at the end the following BINGAMAN, Mr. DODD, Mr. KOHL, Mrs. such grants from funds reserved under sec- new paragraph: MURRAY, Mr. LAUTENBERG, Ms. MIKUL- tion 132(a)(2)(A) of the Workforce Investment ‘‘(21) DISCLOSURE TO DENY VISA OR ADMIS- SKI, Mrs. CLINTON, and Mr. DAYTON) Act of 1998, to carry out such grants under SION TO CERTAIN EXPATRIATES.—Upon written proposed an amendment to the bill sec-

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23757 On page 132, line 9, strike ‘‘$320,250,000’’ and ‘‘(iii) Standard number 301 (Fuel System : Provided, That the Secretary shall under- insert ‘‘$240,250,000, of which $13,248,000 is for Integrity). take a family reunification effort in concert such management or operation of activities ‘‘(iv) Standard number 207 (Seating Sys- with national non-profit organizations en- conducted by or through the Bureau of Inter- tems) and standard number 208 (Occupant gaged in similar efforts national Labor Affairs, and’’ Crash Protection) or standard number 222 (School Bus Passenger Seating and Crash SA 2283. Mr. HARKIN (for himself, SA 2278. Mr. FRIST submitted an Protection). Mr. KENNEDY, Mr. REID, Mr. DURBIN, amendment intended to be proposed by ‘‘(v) Standard number 209 (Seat Belt As- Mr. OBAMA, Mr. BAYH, Mr. KOHL, Ms. him to the bill H.R. 3010, making ap- semblies) and standard number 210 (Seat Belt MIKULSKI, Mrs. CLINTON, Mr. JOHNSON, propriations for the Departments of Assembly Anchorages). Mr. DAYTON, and Mr. BYRD) proposed Labor, Health and Human Services, ‘‘(B) BUS MONITOR.—A waiver of the bus an amendment to the bill H.R. 3010, and Education, and Related Agencies monitor requirement may be granted if the agency or its designee is transporting less making appropriations for the Depart- for the fiscal year ending September 30, than 5 children who are enrolled in a Head ments of Labor, Health and Human 2006, and for other purposes; as follows: Start program or an Early Head Start pro- Services, and Education, and Related On page 116, line 9, strike ‘‘$132,825,000, to- gram.’’. Agencies for the fiscal year ending Sep- gether with’’ and insert ‘‘$119,825,000: Pro- tember 30, 2006, and for other purposes; vided, That amounts provided for in this Act SA 2281. Mr. HARKIN (for himself, as follows: for suicide prevention activities under the Mr. KENNEDY, Mr. REID, Mr. DURBIN, On page 222, at the appropriate place at the Garrett Lee Smith Memorial Act (Public law Mr. BAYH, and Mr. JOHNSON) submitted end of Title V, insert the following: 108–355) shall be increased by $13,000,000: Pro- an amendment intended to be proposed TITLE . vided further,’’ That’’. by him to the bill H.R. 3010, making ap- SECTION 101. SA 2279. Mr. FEINGOLD (for himself propriations for the Departments of (a) From the money in the Treasury not and Ms. COLLINS) submitted an amend- Labor, Health and Human Services, otherwise obligated or appropriated, there ment intended to be proposed by him and Education, and Related Agencies are appropriated to the Centers for Disease to the bill H.R. 3010, making appropria- for the fiscal year ending September 30, Control and Prevention $7,975,000,000 for actions for the Departments of Labor, 2006, and for other purposes; which was tivities relating to a pandemic influenza epi- ordered to lie on the table; as follows: demic during the fiscal year ending Sep- Health and Human Services, and Edu- tember 30, 2006, which shall be available cation, and Related Agencies for the On page 22, at the appropriate place at the end of Title V, insert the following: until expended. fiscal year ending September 30, 2006, (b) Of the amount appropriated under sub- and for other purposes; which was or- TITLE . section (a)— dered to lie on the table; as follows: SECTION 101. (1) $3,680,000,000 shall be for stockpiling of (a) From the money in the Treasury not At the appropriate place in title II, insert antivirals and necessary medical supplies re- otherwise obligated or appropriated, there the following: lating to pandemic influenza and public are appropriated to the Centers for Disease SEC. ll. The Secretary of Health and health infrastructure, of which not less than Human Services shall make available Control and Prevention $7,975,000,000 for ac- $600,000,000 shall be for grants to state and $800,000, from amounts appropriated in this tivities relating to a pandemic influenza epi- local public health agencies for emergency Act for General Departmental Management demic during the fiscal year ending Sep- preparedness; for the Department of Health and Human tember 30, 2006, which shall be available (2) $60,000,000 shall be for global surveil- Services, to carry out section 312 of the Pub- until expended. lance relating to avian flu; (b) Of the amount appropriated under sub- lic Health Service Act (42 U.S.C. 244). (3) $3,300,000 shall be to increase the na- section (a)— tional investment in domestic vaccine infra- Mr. HARKIN submitted an (1) $3,680,000,000 shall be for stockpiling of structure including development and re- SA 2280. antivirals and necessary medical supplies re- amendment intended to be proposed by search; lating to pandemic influenza and public (4) $750,000,000 shall be for improving hos- him to the bill H.R. 3010, making ap- health infrastructure, of which not less than pital preparedness and surge capacity and propriations for the Departments of $600,000,000 shall be for grants to state and health information technology systems and Labor, Health and Human Services, local public health agencies for emergency networks to improve detection of influenza and Education, and Related Agencies preparedness; outbreaks; for the fiscal year ending September 30, (2) $60,000,000 shall be for global surveil- (5) $75,000,000 shall be for risk communica- lance relating to avian flu; tion and outreach to providers, businesses, 2006, and for other purposes; which was (3) $3,300,000 shall be to increase the na- ordered to lie on the table; as follows: and to the American public; tional investment in domestic vaccine infra- (6) $100,000,000 shall be for research and On page 178, after line 25, insert the fol- structure including development and re- CDC lab capacity related to pandemic influ- lowing: search; enza; and SEC. 222. Section 640(i) of the Head Start (4) $750,000,000 shall be for improving hos- (7) $10,000,000 for surveillance of migratory Act (42 U.S.C. 9835(i)) is amended— pital preparedness and surge capacity and birds for the occurrence of influenza. (1) by striking ‘‘(i) The’’ and inserting the health information technology systems and (c) This title shall take effect on the date following: networks to improve detection of influenza of enactment of this Act. ‘‘(i) TRANSPORTATION SAFETY.— outbreaks; ‘‘(1) REGULATIONS.—The’’; and (5) $75,000,000 shall be for risk communica- SA 2284. Ms. LANDRIEU submitted (2) by adding at the end the following: tion and outreach to providers, businesses, an amendment intended to be proposed ‘‘(2) WAIVER AUTHORITY.— and to the American public; by her to the bill H.R. 3010, making ap- ‘‘(A) IN GENERAL.—The Secretary may (6) $100,000,000 shall be for research and waive, for a period not to exceed 2 years, any CDC lab capacity related to pandemic influ- propriations for the Departments of requirement of regulations promulgated enza; and Labor, Health and Human Services, under paragraph (1) for 1 or more vehicles (7) $10,000,000 for surveillance of migratory and Education, and Related Agencies used by the agency or its designee in trans- birds for the occurrence of influenza. for the fiscal year ending September 30, porting children enrolled in a Head Start (c) This title shall take effect on the date 2006, and for other purposes; which was program or an Early Head Start program for of enactment of this Act. ordered to lie on the table; as follows: vehicles operated by a direct or indirect re- SA 2282. Mr. LEVIN submitted an At the appropriate place, insert the fol- cipient of funding from the Federal Transit lowing: Administration if, in addition to meeting all amendment intended to be proposed by Federal Motor Vehicle Safety Standards nor- him to the bill H.R. 3010, making ap- TITLE ll—ELEMENTARY AND SEC- mally applicable to transit vehicles, transit propriations for the Departments of ONDARY EDUCATION ASSISTANCE TO buses used by the agency or its designee for STUDENTS AND SCHOOLS IMPACTED BY Labor, Health and Human Services, HURRICANE KATRINA Head Start transportation also comply with and Education, and Related Agencies the following Federal Motor Vehicle Safety SEC. ll. SHORT TITLE. Standards: for the fiscal year ending September 30, This title may be cited as the ‘‘Hurricane ‘‘(i) Standard number 220 (School Bus Roll- 2006, and for other purposes; which was Katrina Elementary and Secondary Edu- over Protection). ordered to lie on the table; as follows: cation Recovery Act’’. ‘‘(ii) Standard number 221 (School Bus On Page 165, before the period on line 5, in- SEC. ll. FINDINGS. Body Joint Strength). sert the following: Congress finds the following:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23758 CONGRESSIONAL RECORD—SENATE October 26, 2005 (1) Hurricane Katrina has had a dev- the Secretary of Education is authorized to such agencies and the re-enrollment of stu- astating and unprecedented impact on stu- make grants to States for assistance to eligi- dents in such schools as soon as possible. dents who attended schools in the disaster ble local educational agencies to enable the (b) PAYMENTS AND GRANTS AUTHORIZED.— areas. agencies to provide services, programs, and From amounts appropriated to carry out (2) Due to the devastating effects of Hurri- activities as described in subsection (c). this section, the Secretary of Education is cane Katrina, a significant number of stu- (b) STATE APPLICATIONS.—A State that de- authorized to make payments, not later than dents have enrolled in schools outside of the sires to receive a grant under this section November 30, 2005, to State educational area in which they resided on August 22, 2005, shall submit an application to the Secretary agencies (as defined in section 9101 of the El- including a significant number of students of Education at such time, in such manner, ementary and Secondary Education Act of who enrolled in non-public schools because and accompanied by such information as the 1965 (20 U.S.C. 7801 et seq.)) in Louisiana, their parents chose to enroll them in such Secretary may reasonably require. Mississippi, and Alabama to enable such schools. (c) ASSISTANCE TO LOCAL EDUCATIONAL agencies to award grants to local edu- (3) 372,000 students were displaced by Hur- AGENCIES.—A State that receives a grant cational agencies serving an area in which a ricane Katrina. Approximately 700 schools under subsection (a) shall use the funds made major disaster has been declared in accord- have been damaged or destroyed. Nine States available through the grant to provide as- ance with section 401 of the Robert T. Staf- each have more than 1,000 of such displaced sistance to eligible local educational agen- ford Disaster Relief and Emergency Assist- students enrolled in their schools. In Texas cies to enable such agencies to provide, to ance Act (42 U.S.C. 5170), related to Hurri- alone, over 45,000 displaced students have en- students displaced by Hurricane Katrina or cane Katrina. rolled in schools. students attending a school in an area de- (c) ELIGIBILITY AND CONSIDERATION.—In de- (4) In response to these extraordinary con- scribed in subsection (f)(1)— termining whether to award a grant under this section, or the amount of the grant, the ditions, this title creates a one-time only (1) supplemental educational services con- State educational agency shall consider the emergency grant for the 2005–2006 school sistent with the definitions, criteria, and following: year tailored to the needs and particular cir- amounts established under section 1116(e) of (1) The number of school-aged children cumstances of students displaced by Hurri- the Elementary and Secondary Education served by the local educational agency in the cane Katrina. Act of 1965 (20 U.S.C. 6316(e)); or academic year preceding the academic year (5) The level and type of assistance pro- (2) additional programs and activities for which the grant is awarded. vided under this title, both for students at- under part B of title IV of the Elementary (2) The severity of the impact of Hurricane tending public schools and students attend- and Secondary Education Act of 1965 (20 Katrina on the local educational agency and ing non-public schools, is being authorized U.S.C. 7171 et seq.) relating to 21st century the extent of the needs in each local edu- solely because of the unprecedented nature community learning centers. cational agency in Louisiana, Mississippi, of the crisis, the massive dislocation of stu- (d) LOCAL APPLICATIONS.—An eligible local and Alabama that is in an area in which a dents, and the short duration of assistance. educational agency that desires to receive assistance under this section from a State major disaster has been declared in accord- SEC. ll. WAIVERS AND OTHER ACTIONS. shall submit an application to the State at ance with section 401 of the Robert T. Staf- (a) CURRENT WAIVER AND OTHER AUTHOR- such time, in such manner, and accompanied ford Disaster Relief and Emergency Assist- ITY.—The Secretary of Education is encour- ance Act (42 U.S.C. 5170), related to Hurri- aged to exercise the maximum waiver au- by such information as the State may rea- thority available or exercise other actions sonably require. cane Katrina. (e) INTERACTION WITH THE ESEA.—An eligi- (d) APPLICATIONS.—Each local educational for States, local educational agencies, and ble local educational agency providing serv- agency desiring a grant under this section schools affected by Hurricane Katrina with ices described in subsection (c)(1) may pro- shall submit an application to the State edu- respect to the waiver authority or authoriza- vide such services to a student displaced by cational agency at such time, in such man- tion of actions provided under the following ner, and accompanied by such information as provisions of the Elementary and Secondary Hurricane Katrina regardless of the status of the State educational agency may reason- Education Act of 1965 (20 U.S.C. 6301 et seq.): the school under section 1116(b) of the Ele- ably require to ensure expedited and timely (1) Section 1111(b)(3)(C)(vii) of such Act (20 mentary and Secondary Education Act of payment to the local educational agency. U.S.C. 6311(b)(3)(C)(vii)). 1965 (20 U.S.C. 6316(b)) that such student at- (e) USES OF FUNDS.— (2) Section 1111(b)(7) of such Act (20 U.S.C. tends. (f) DEFINITION OF ELIGIBLE LOCAL EDU- (1) IN GENERAL.—A local educational agen- 6311(b)(7)). CATIONAL AGENCY.—In this section, the term cy receiving a grant under this section shall (3) Section 1111(c)(1) of such Act (20 U.S.C. ‘‘eligible local educational agency’’ means— use the grant funds for— 6311(c)(1)). (1) a local educational agency in an area in (A) recovery of student and personnel data, (4) Section 1111(h)(2)(A)(i) of such Act (20 which a major disaster has been declared in and other electronic information; U.S.C. 6311(h)(2)(A)(i)). accordance with section 401 of the Robert T. (B) replacement of school district informa- (5) Section 1116(b)(7)(D) of such Act (20 Stafford Disaster Relief and Emergency As- tion systems, including hardware and soft- U.S.C. 6316(b)(7)(D)). sistance Act (42 U.S.C. 5170) related to Hurri- ware; (6) Section 1116(c)(10)(F) of such Act (20 cane Katrina; or (C) financial operations; U.S.C. 6316(c)(10)(F)). (2) a local educational agency that enrolls (D) reasonable transportation costs; (7) Section 1125A(e)(3) of such Act (20 a student displaced from an area where a (E) rental of mobile educational units and U.S.C. 6337(e)(3)). major disaster has been declared in accord- leasing of neutral sites or spaces; (8) Section 3122(a)(3)(B) of such Act (20 ance with section 401 of the Robert T. Staf- (F) initial replacement of instructional U.S.C. 6842(a)(3)(B)). ford Disaster Relief and Emergency Assist- materials and equipment, including text- (9) Section 5141(c) of such Act (20 U.S.C. ance Act (42 U.S.C. 5170) related to Hurricane books; 7217(c)). Katrina. (G) redeveloping instructional plans, in- (10) Section 7118(c)(3)(A) of such Act (20 (g) AUTHORIZATION OF APPROPRIATIONS.— cluding curriculum development; U.S.C. 7428(c)(3)(A)). There is authorized to be appropriated to (H) initiating and maintaining education (11) Section 9521(c) of such Act (20 U.S.C. carry out this section $100,000,000 for fiscal and support services; and 7901(c)). year 2006. (I) such other activities related to the pur- (b) REPORT ON WAIVERS.—Not later than ll pose of this section that are approved by the December 31, 2005, the Secretary of Edu- SEC. . IMMEDIATE AID TO RESTART SCHOOL OPERATIONS. cation shall prepare and submit a report on Secretary. (a) PURPOSE.—It is the purpose of this sec- the States and local educational agencies re- (2) USE WITH OTHER AVAILABLE FUNDS.—A tion— questing a waiver of any provision under the local educational agency receiving a grant (1) to provide immediate and direct assist- Elementary and Secondary Education Act of under this section may use the grant funds 1965 (20 U.S.C. 6301 et seq.) and the Individ- ance to local educational agencies in Lou- in coordination with other Federal, State, or uals with Disabilities Education Act (20 isiana, Mississippi, and Alabama that serve local funds available for the activities de- U.S.C. 1400 et seq.) due to the impact of Hur- an area in which a major disaster has been scribed in paragraph (1). ricane Katrina to the Committee on Edu- declared in accordance with section 401 of (3) PROHIBITIONS.—Grant funds received cation and the Workforce and the Committee the Robert T. Stafford Disaster Relief and under this section shall not be used for any on Appropriations of the House of Represent- Emergency Assistance Act (42 U.S.C. 5170), of the following: atives and the Committee on Health, Edu- related to Hurricane Katrina; (A) Construction or major renovation of cation, Labor, and Pensions and the Com- (2) to assist school district administrators schools. mittee on Appropriations of the Senate. and personnel of such agencies who are (B) Payments to school administrators or SEC. ll. PROVIDING ADDITIONAL SUPPORT FOR working to restart operations in elementary teachers who are not actively engaged in re- STUDENTS AFFECTED BY HURRI- schools and secondary schools served by such starting or re-opening schools. CANE KATRINA. agencies; and (f) SUPPLEMENT NOT SUPPLANT.— (a) GRANTS TO STATES AUTHORIZED.—From (3) to facilitate the re-opening of elemen- (1) IN GENERAL.—Except as provided in amounts appropriated under subsection (g), tary schools and secondary schools served by paragraph (2), funds made available under

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23759 this section shall be used to supplement, not professional satisfied such requirements on (A) resides or resided on August 22, 2005, in supplant, any funds made available through or before August 22, 2005, in the State in an area for which a major disaster has been the Federal Emergency Management Agency which such paraprofessional resided on Au- declared in accordance with section 401 of or through a State. gust 22, 2005. the Robert T. Stafford Disaster Relief and (2) EXCEPTION.—Paragraph (1) shall not (b) DELAY.—The Secretary of Education Emergency Assistance Act (42 U.S.C. 5170), prohibit the provision of Federal assistance may delay, for a period not to exceed 1 year, related to Hurricane Katrina; under this section to an eligible educational applicability of the requirements of para- (B) cannot continue enrollment in a sec- agency that is or may be entitled to receive, graphs (2) and (3) of section 1119(a) of the El- ondary school because of Hurricane Katrina; from another source, benefits for the same ementary and Secondary Education Act of and purposes as under this section if— 1965 (20 U.S.C. 6319(a)(2) and (3)) and section (C) is expected to obtain a secondary (A) such agency has not received such 612(a)(14)(C) of the Individuals with Disabil- school diploma by the end of the 2006–2007 other benefits by the time of application for ities Education Act (20 U.S.C. 1412(a)(14)(C)) school year. Federal assistance under this section; and with respect to the States of Alabama, Lou- (3) ELIGIBLE ENTITY.—The term ‘‘eligible (B) such agency agrees to repay all dupli- isiana, and Mississippi (and local educational entity’’ means a State educational agency, cative Federal assistance received to carry agencies within the jurisdiction of such local educational agency, or consortium of out the purposes of this section. States), if any such State or local edu- such agencies, located in an area in which a cational agency demonstrates that a failure (g) AUTHORIZATION OF APPROPRIATIONS.— major disaster has been declared in accord- There is authorized to be appropriated to to comply with such requirements is due to ance with section 401 of the Robert T. Staf- carry out this section $900,000,000 for fiscal exceptional or uncontrollable circumstances, ford Disaster Relief and Emergency Assist- such as a natural disaster or a precipitous year 2006. ance Act (42 U.S.C. 5170) related to Hurricane and unforeseen decline in the financial re- Katrina, that— SEC. ll. HOLD HARMLESS FOR LOCAL EDU- sources of local educational agencies within CATIONAL AGENCIES SERVING (A) demonstrates a need for additional the State. MAJOR DISASTER AREAS. funds in order to provide an alternative edu- In the case of a local educational agency SEC. ll. ASSISTANCE FOR HOMELESS YOUTH. cation program to displaced adolescent stu- that serves an area in which the President (a) IN GENERAL.—The Secretary of Edu- dents; and cation shall provide assistance to local edu- has declared that a major disaster exists in (B) has the ability to administer the alter- cational agencies serving homeless children accordance with section 401 of the Robert T. native education program and to serve dis- and youths displaced by Hurricane Katrina, Stafford Disaster Relief and Emergency As- placed adolescent students. consistent with section 723 of the McKinney- sistance Act (42 U.S.C. 5170), related to Hur- (4) SECRETARY.—The term ‘‘Secretary’’ Vento Homeless Assistance Act (42 U.S.C. ricane Katrina, the amount made available means the Secretary of Education. 11433), including identification, enrollment for such local educational agency under each (b) PROGRAM AUTHORIZED.—From amounts assistance, assessment and school placement of sections 1124, 1124A, 1125, and 1125A of the appropriated under this section for fiscal assistance, transportation, coordination of Elementary and Secondary Education Act of year 2006, the Secretary shall award grants school services, supplies, referrals for health, 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for to States for assistance to eligible entities to mental health, and other needs. fiscal year 2006 shall be not less than the (b) EXCEPTION AND DISTRIBUTION OF enable the entities to develop and carry out amount made available for such local edu- FUNDS.— alternative education programs for displaced cational agency under each of such sections (1) EXCEPTION.—For purposes of providing adolescent students. for fiscal year 2005. assistance under subsection (a), subsections (c) STATE APPLICATIONS.—A State desiring SEC. ll. TEACHER AND PARAPROFESSIONAL (c) and (e)(1) of section 722 and subsections a grant under this section shall submit an RECIPROCITY; DELAY. (b) and (c) of section 723 of the McKinney- application to the Secretary at such time, in (a) TEACHER AND PARAPROFESSIONAL RECI- Vento Homeless Assistance Act (42 U.S.C. such manner, and containing such informa- PROCITY.— 11432(c) and (e)(1), 11433(b) and (c)) shall not tion as the Secretary may require. (1) TEACHERS.— apply. (d) ASSISTANCE TO ELIGIBLE ENTITIES.— (A) AFFECTED TEACHER.—In this sub- (2) DISBURSEMENT.—The Secretary of Edu- (1) IN GENERAL.—A State that receives a section, the term ‘‘affected teacher’’ means a cation shall disburse funding provided under grant under this section may use the funds teacher who is displaced due to Hurricane subsection (a) to State educational agencies made available through the grant to provide Katrina and relocates to a State that is dif- based on demonstrated need, as determined assistance to eligible entities to enable the ferent from the State in which such teacher by the Secretary, and such State educational eligible entities to develop and carry out al- resided on August 22, 2005. agencies shall distribute funds available ternative education programs for displaced (B) IN GENERAL.—A local educational agen- under subsection (c) to local educational adolescent students. cy may consider an affected teacher hired by agencies based on demonstrated need, for the (2) PARTNERSHIPS.—An eligible entity may such agency who is not highly qualified in purposes of carrying out section 723 of the apply for assistance under this section in the State in which such agency is located to McKinney-Vento Homeless Assistance Act partnership with 1 or more community-based be highly qualified, for purposes of section (42 U.S.C. 11433). organizations or institutions of higher edu- 1119 of the Elementary and Secondary Edu- (c) AUTHORIZATION OF APPROPRIATIONS.— cation (as such term is defined in section 101 cation Act of 1965 (20 U.S.C. 6319) and section There are authorized to be appropriated to of the Higher Education Act of 1965 (20 U.S.C. 612(a)(14) of the Individuals with Disabilities carry out this section $50,000,000. 1001)), or both. Education Act (20 U.S.C. 1412(a)(14)), for a pe- SEC. ll. ALTERNATIVE EDUCATION PROGRAMS (e) LOCAL APPLICATIONS.—An eligible enti- riod not to exceed 1 year, if such teacher was FOR DISPLACED ADOLESCENT STU- ty desiring assistance under this section highly qualified, consistent with section DENTS. from a State shall submit an application to 9101(23) of the Elementary and Secondary (a) DEFINITIONS.—In this section: the Governor of the State at such time, in Education Act of 1965 (20 U.S.C. 7801(23)) and (1) ALTERNATIVE EDUCATION PROGRAM.—The such manner, and containing such informa- section 602(10) of the Individuals with Dis- term ‘‘alternative education program’’ tion as the Governor may require. At a min- abilities Education Act (20 U.S.C. 1401(10)), means a transitional program that provides imum, the Governor shall require an entity on or before August 22, 2005, in the State in displaced adolescent students with— that desires to carry out an alternative edu- which such teacher resided on August 22, (A) instruction in reading, mathematics, cation program in an area in which another 2005. writing, study skills, and other relevant sub- organization is carrying out an alternative (2) PARAPROFESSIONAL.— jects; education program to provide an assurance (A) AFFECTED PARAPROFESSIONAL.—In this (B) counseling; that the entity will coordinate activities subsection, the term ‘‘affected paraprofes- (C) tutoring; carried out under its program with the ac- sional’’ means a paraprofessional who is dis- (D) activities designed to familiarize the tivities carried out by the organization placed due to Hurricane Katrina and relo- displaced adolescent students with the range under its program cates to a State that is different from the of career options available to the students; (f) USES OF FUNDS.—An eligible entity that State in which such paraprofessional resided (E) mentoring; receives assistance under this section shall on August 22, 2005. (F) test preparation for college entrance use the assistance to carry out an alter- (B) IN GENERAL.—A local educational agen- examinations, including the PSAT, SAT, and native education program that meets the cy may consider an affected paraprofessional ACT; needs of displaced adolescent students, in- hired by such agency who does not satisfy (G) counseling on the financial aid avail- cluding the staffing, curricular materials, the requirements of section 1119(c) of the El- able for postsecondary education; or and other programmatic costs needed to ementary and Secondary Education Act of (H) job readiness skills and career and carry out the alternative education program. 1965 (20 U.S.C. 6319(c)) in the State in which technical education. (g) AUTHORIZATION OF APPROPRIATIONS.— such agency is located to satisfy such re- (2) DISPLACED ADOLESCENT STUDENT.—The There are authorized to be appropriated to quirements, for purposes of such section, for term ‘‘displaced adolescent student’’ means a carry out this section such sums as may be a period not to exceed 1 year, if such para- secondary school student who— necessary for fiscal year 2006.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23760 CONGRESSIONAL RECORD—SENATE October 26, 2005

SEC. ll. GENERAL PROVISION. (c) APPLICATION.— bursed (by the eligible non-public school) in Nothing in the previous 9 sections of this (1) STATE EDUCATIONAL AGENCY.—A State an amount that is not less than the amount title shall be construed to permit discrimi- educational agency that desires to receive of emergency impact aid payment provided nation on the basis of race, color, religion, emergency impact aid under this section on behalf of such student under this section. sex (except as otherwise permitted under shall submit an application to the Secretary (B) In the case of an eligible BIA-funded title IX of the Education Amendments of of Education at such time, in such manner, school, the number of displaced students, in- 1972 (20 U.S.C. 1681 et seq.)), national origin, and accompanied by such information as the cluding the number of displaced students or disability in any program funded under Secretary of Education may reasonably re- who are served under part B of the Individ- such sections. quire, including— uals with Disabilities Education Act (20 SEC. ll. TEMPORARY EMERGENCY IMPACT AID (A) information on the total displaced stu- U.S.C. 1411 et seq.), enrolled in such school FOR DISPLACED STUDENTS. dent child count of the State provided by eli- for such quarter. (a) TEMPORARY EMERGENCY IMPACT AID AU- gible local educational agencies in the State (3) DETERMINATION OF NUMBER OF DIS- THORIZED.— and eligible BIA-funded schools in the State PLACED STUDENTS.—In determining the num- (1) AID TO STATE EDUCATIONAL AGENCIES.— under paragraph (2); ber of displaced students for a quarter under From amounts appropriated under sub- (B) a description of the process for the par- paragraph (2), an eligible local educational section (o), the Secretary of Education shall ent or guardian of a displaced student en- agency or eligible BIA-funded school shall provide emergency impact aid to State edu- rolled in a non-public school to indicate to include in such number the number of dis- cational agencies to enable the State edu- the eligible local educational agency serving placed students served during such quarter cational agencies to make emergency impact the area in which such school is located that prior to the date of enactment of this title. aid payments to eligible local educational the student is enrolled in such school; (d) AMOUNT OF EMERGENCY IMPACT AID.— agencies and eligible BIA-funded schools to (C) a description of the procedure to be (1) AID TO STATE EDUCATIONAL AGENCIES.— enable— used by an eligible local educational agency (A) IN GENERAL.—The amount of emer- (A) such eligible local educational agencies in such State to provide payments to ac- gency impact aid received by a State edu- and schools to provide for the instruction of counts; cational agency for the 2005–2006 school year displaced students served by such agencies (D) a description of the process to be used shall equal the sum of— and schools; and by an eligible local educational agency in (i) the product of the number of displaced students (who are not served under part B of (B) such eligible local educational agencies such State to obtain— the Individuals with Disabilities Education to make immediate impact aid payments to (i) attestations of attendance of eligible Act (20 U.S.C. 1411 et seq.)), as determined by accounts established on behalf of displaced displaced students from eligible non-public the eligible local educational agencies and students (referred to in this section as ‘‘ac- schools, in order for the local educational eligible BIA-funded schools in the State counts’’) who are attending eligible non-pub- agency to provide payments to accounts on under subsection (c)(2), times $6,000; and lic schools located in the areas served by the behalf of eligible displaced students; and (ii) the product of the number of displaced eligible local educational agencies. (ii) attestations from eligible non-public students who are served under part B of the (2) AID TO LOCAL EDUCATIONAL AGENCIES schools that accounts are used only for the Individuals with Disabilities Education Act, AND BIA-FUNDED SCHOOLS.—A State edu- purposes described in subsection (e)(2)(A); as determined by the eligible local educational agency shall make emergency im- and cational agencies and eligible BIA-funded (E) the criteria, including family income, pact aid payments to eligible local edu- schools in the State under subsection (c)(2), cational agencies and eligible BIA-funded used to determine the eligibility for and the times $7,500. schools in accordance with subsection (d). amount of assistance under this section pro- (B) INSUFFICIENT FUNDS.—If the amount (3) STATE EDUCATIONAL AGENCIES IN CERTAIN vided on behalf of a displaced student attend- available under this section to provide emer- STATES.—In the case of the States of Lou- ing an eligible non-public school. gency impact aid under this subsection is in- isiana and Mississippi, the State educational (2) LOCAL EDUCATIONAL AGENCIES AND BIA- sufficient to pay the full amount that a agency shall carry out the activities of eligi- FUNDED SCHOOLS.—An eligible local edu- State educational agency is eligible to re- ble local educational agencies that are un- cational agency or eligible BIA-funded ceive under this section, the Secretary of able to carry out this section, including eli- school that desires an emergency impact aid Education shall ratably reduce the amount gible local educational agencies in such payment under this section shall submit an of such emergency impact aid. States for which the State exercises the au- application to the State educational agency (2) AID TO ELIGIBLE LOCAL EDUCATIONAL thorities normally exercised by such local at such time, in such manner, and accom- AGENCIES AND ELIGIBLE BIA-FUNDED educational agencies. panied by such information as the State edu- SCHOOLS.— (b) DEFINITIONS.—In this section: cational agency may reasonably require, in- (A) QUARTERLY INSTALLMENTS.— (1) DISPLACED STUDENT.—The term ‘‘dis- cluding documentation submitted quarterly (i) IN GENERAL.—A State educational agen- placed student’’ means a student who en- for the 2005-2006 school year that indicates cy shall provide emergency impact aid pay- rolled in a school (other than the school that the following: ments under this section on a quarterly basis the student was enrolled in, or was eligible (A) In the case of an eligible local edu- for the 2005-2006 school year by such dates as to be enrolled in, on August 22, 2005) because cational agency— determined by the Secretary of Education. such student resides or resided on August 22, (i) the number of displaced students en- Such quarterly installment payments shall 2005, in an area for which a major disaster rolled in the elementary schools and sec- be based on the number of displaced students has been declared in accordance with section ondary schools (including charter schools reported under subsection (c)(2) and in the 401 of the Robert T. Stafford Disaster Relief and including the number of displaced stu- amount determined under clause (ii). and Emergency Assistance Act (42 U.S.C. dents who are served under part B of the In- (ii) PAYMENT AMOUNT.—Each quarterly in- 5170), related to Hurricane Katrina. dividuals with Disabilities Education Act) stallment payment under clause (i) shall (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- served by such agency for such quarter; and equal 25 percent of the sum of— CIES.—The term ‘‘eligible local educational (ii) the number of displaced students for (I) the number of displaced students (who agency’’ means a local educational agency whom the eligible local educational agency are not served under part B of the Individ- that serves— expects to provide payments to accounts uals with Disabilities Education Act (20 (A) an elementary school or secondary under subsection (e)(2) (including the num- U.S.C. 1411 et seq.)) reported by the eligible school (including a charter school) in which ber of displaced students who are served local educational agency or eligible BIA- there is enrolled a displaced student; or under part B of the Individuals with Disabil- funded school for such quarter (as deter- (B) an area in which there is located an eli- ities Education Act) for such quarter who mined under subsection (c)(2)) times $6,000; gible non-public school. meet the following criteria: and (3) ELIGIBLE NON-PUBLIC SCHOOL.—The term (I) The displaced student enrolled in an eli- (II) the number of displaced students who ‘‘eligible non-public school’’ means a non- gible non-public school prior to the date of are served under part B of the Individuals public school that— enactment of this title. with Disabilities Education Act (20 U.S.C. (A) is accredited or licensed or otherwise (II) The parent or guardian of the displaced 1411 et seq.) reported by the eligible local operates in accordance with State law; student chose to enroll the student in the el- educational agency or eligible BIA-funded (B) was in existence on August 22, 2005; and igible non-public school in which the student school for such quarter (as determined under (C) serves a displaced student on behalf of is enrolled. subsection (c)(2)) times $7,500. whom an application for an account has been (III) The parent or guardian of the dis- (iii) TIMELINE.—The Secretary of Edu- made pursuant to subsection (c)(2)(A)(ii). placed student submitted an application re- cation shall establish a timeline for quar- (4) ELIGIBLE BIA-FUNDED SCHOOL.—In this questing that the agency make a payment to terly reporting on the number of displaced section, the term ‘‘eligible BIA-funded an account on behalf of the student. students in order to make the appropriate school’’ means a school funded by the Bureau (IV) The displaced student’s tuition and disbursements in a timely manner. of Indian Affairs in which there is enrolled a fees (and transportation expenses, if any) for (iv) INSUFFICIENT FUNDS.—If, for any quar- displaced student. the 2005–2006 school year is waived or reim- ter, the amount available under this section

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23761 to make payments under this subsection is gious component), and mobile educational cational agency or school under this section insufficient to pay the full amount that an units and leasing sites or spaces, which shall that the eligible local educational agency or eligible local educational agency or eligible not be used for religious instruction, pros- school has not obligated by the end of the BIA-funded school is eligible to receive elytization, or worship. 2005–2006 school year in accordance with this under this section, the State educational (iii) Basic instructional services, including section. agency shall ratably reduce the amount of tutoring, mentoring, or academic coun- (2) STATE EDUCATIONAL AGENCY.—A State such payments. seling, which services shall be secular and educational agency that receives emergency (B) MAXIMUM PAYMENT TO ACCOUNT.—In neutral and shall not be used for religious in- impact aid under this section, shall return to providing quarterly payments to an account struction, proselytization, or worship. the Secretary of Education— for the 2005–2006 school year on behalf of a (iv) Reasonable transportation costs. (A) any aid provided to the agency under displaced student for each quarter that such (v) Health services (including counseling this section that the agency has not obli- student is enrolled in a non-public school in and mental health services), which services gated by the end of the 2005–2006 school year the area served by the agency under sub- shall be secular and neutral and shall not be in accordance with this section; and section (e)(2), an eligible local educational used for religious instruction, proselytiza- (B) any payment funds returned to the agency may provide not more than 4 quar- tion, or worship. State educational agency under paragraph terly payments to such account, and the ag- (vi) Education and support services, which (1). gregate amount of such payments shall not services shall be secular and neutral and (g) LIMITATION ON USE OF AID AND PAY- exceed the lesser of— shall not be used for religious instruction, MENTS.—Aid and payments provided under (i)(I) in the case of a displaced student who proselytization, or worship. this section shall only be used for expenses is not served under part B of the Individuals (B) VERIFICATION OF ENROLLMENT.—Before incurred during the 2005–2006 school year. with Disabilities Education Act (20 U.S.C. providing a quarterly payment to an account (h) ADMINISTRATIVE EXPENSES.—A State 1411 et seq.), $6,000; or under subparagraph (A), the eligible local educational agency that receives emergency (II) in the case of a displaced student who educational agency shall verify with the par- impact aid under this section may use not is served under part B of the Individuals with ent or guardian of a displaced student that more than 1 percent of such aid for adminis- Disabilities Education Act, $7,500; or such displaced student is enrolled in the non- trative expenses. An eligible local edu- (ii) the cost of tuition and fees (and trans- public school. cational agency or eligible BIA-funded portation expenses, if any) at the non-public (3) PROVISION OF SPECIAL EDUCATION AND school that receives emergency impact aid school for the 2005-2006 school year. RELATED SERVICES.— payments under this section may use not (e) USE OF FUNDS.— (A) IN GENERAL.—In the case of a displaced more than 2 percent of such payments for ad- (1) DISPLACED STUDENTS IN PUBLIC student who is served under part B of the In- ministrative expenses. SCHOOLS.—An eligible local educational dividuals with Disabilities Education Act (20 (i) SPECIAL FUNDING RULE.—In calculating agency or eligible BIA-funded school receiv- U.S.C. 1411 et seq.), any payment made on be- funding under section 8003 of the Elementary ing emergency impact aid payments under half of such student to an eligible local edu- and Secondary Education Act of 1965 (20 this section shall use the payments to pro- cational agency or any payment available in U.S.C. 7703) for an eligible local educational vide instructional opportunities for dis- an account for such student, shall be used to agency that receives an emergency impact placed students who enroll in elementary pay the cost of providing the student with aid payment under this section, the Sec- schools and secondary schools (including special education and related services con- retary of Education shall not count displaced charter schools) served by such agency or in sistent with the Individuals with Disabilities students served by such agency for whom an such a school, and for other expenses in- Education Act (20 U.S.C. 1400 et seq.). emergency impact aid payment is received curred as a result of the agency or school (B) SPECIAL RULE.— under this section, nor shall such students be serving displaced students, which uses may (i) RETENTION.—Notwithstanding any other counted for the purpose of calculating the include— provision of this section, if an eligible local total number of children in average daily at- (A) paying the compensation of personnel, educational agency provides services to a tendance at the schools served by such agen- including teacher aides, in schools enrolling displaced student attending an eligible non- cy as provided in section 8003(b)(3)(B)(i) of displaced students; public school under section 612(a)(10) of the such Act (20 U.S.C. 7703(b)(3)(B)(i)). (B) identifying and acquiring curricular Individuals with Disabilities Education Act (j) TERMINATION OF AUTHORITY.—The au- material, including the costs of providing ad- (20 U.S.C. 1412(a)(10)), the eligible local edu- thority provided by this section shall termi- ditional classroom supplies, and mobile educational agency may retain a portion of the nate on August 1, 2006. cational units and leasing sites or spaces; assistance received under this section for (k) NOTICE OF OPTION OF PUBLIC SCHOOL OR (C) basic instructional services for such such student to pay the cost of providing NON-PUBLIC SCHOOL ENROLLMENT.—Each students, including tutoring, mentoring, or such services. State receiving emergency impact aid under academic counseling; (ii) DETERMINATION OF PORTION.— this section shall provide, to the parent or (D) reasonable transportation costs; (I) GUIDELINES.—Each State shall issue guardian of each displaced student for whom (E) health services (including counseling guidelines that specify the portion of the as- a payment is made under this section to an and mental health services); and sistance that an eligible local educational account who resides in such State, notifica- (F) education and support services. agency in the State may retain under this tion that such parent or guardian has the op- (2) DISPLACED STUDENTS IN NON-PUBLIC subparagraph. Each State shall apply such tion of enrolling such student in a public SCHOOLS.— guidelines in a consistent manner through- school or a non-public school. (A) IN GENERAL.—An eligible local edu- out the State. (l) BY-PASS.—If a State educational agency cational agency that receives emergency im- (II) DETERMINATION OF PORTION.—The por- or eligible local educational agency is unable pact aid payments under this section and tion specified in the guidelines shall be based to carry out this section, the Secretary of that serves an area in which there is located on customary costs of providing services Education may make such arrangements an eligible non-public school shall, at the re- under such section 612(a)(10) for the local with the State as the Secretary determines quest of the parent or guardian of a displaced educational agency. appropriate to carry out this section on be- student who meets the criteria described in (C) DEFINITIONS.—In this paragraph: half of displaced students attending an eligi- subsection (c)(2)(A)(ii) and who enrolled in a (i) SPECIAL EDUCATION; RELATED SERV- ble non-public school in the area served by non-public school in an area served by the ICES.—The terms ‘‘special education’’ and such agency. For a State in which State law agency, use such emergency impact aid pay- ‘‘related services’’ have the meaning given prohibits the State from using Federal funds ment to provide payment on a quarterly such terms in section 602 of the Individuals to directly provide services on behalf of stu- basis (but not to exceed the total amount with Disabilities Education Act (20 U.S.C. dents attending non-public schools and pro- specified in subsection (d)(2)(B) for the 2005– 1401). vides that another entity shall provide such 2006 school year) to an account on behalf of (ii) INDIVIDUALIZED EDUCATION PROGRAM.— services, the Secretary of Education shall such displaced student, which payment shall The term ‘‘individualized education pro- make such arrangements with that entity. be used to assist in paying for any of the fol- gram’’ has the meaning given the term in (m) NONDISCRIMINATION.— lowing: section 614(d)(2) of the Individuals with Dis- (1) IN GENERAL.—A school that enrolls a (i) Paying the compensation of personnel, abilities Education Act (20 U.S.C. 1414(d)(2)). displaced student under this section shall including teacher aides, in the non-public (f) RETURN OF AID.— not discriminate against students on the school, which funds shall not be used for reli- (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR basis of race, color, national origin, religion, gious instruction, proselytization, or wor- ELIGIBLE BIA-FUNDED SCHOOL.—An eligible disability, or sex. ship. local educational agency or eligible BIA- (2) APPLICABILITY AND SINGLE SEX SCHOOLS, (ii) Identifying and acquiring curricular funded school that receives an emergency CLASSES, OR ACTIVITIES.— material, including the costs of providing ad- impact aid payment under this section shall (A) IN GENERAL.—To the extent consistent ditional classroom supplies (which shall be return to the State educational agency any with title IX of the Education Amendments secular, neutral, and shall not have a reli- payment provided to the eligible local edu- of 1972 (20 U.S.C. 1681 et seq.), the prohibition

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23762 CONGRESSIONAL RECORD—SENATE October 26, 2005 of sex discrimination in paragraph (1) shall and Education, and Related Agencies ment intended to be proposed by her to not apply to a non-public school that is con- for the fiscal year ending September 30, the bill H.R. 3010, making appropria- trolled by a religious organization if the ap- 2006, and for other purposes; as follows: tions for the Departments of Labor, plication of paragraph (1) would not be con- At the end of title II (before the short Health and Human Services, and Edu- sistent with the religious tenets of such or- title), insert the following: ganization. cation, and Related Agencies for the SEC. ll. (a) There are appropriated (B) SINGLE SEX SCHOOLS, CLASSES, OR AC- fiscal year ending September 30, 2006, $3,000,000 to the Office of Inspector General and for other purposes; which was or- TIVITIES.—Notwithstanding paragraph (1) and to conduct a investigation of the manage- to the extent consistent with title IX of the ment of the Food and Drug Administration dered to lie on the table; as follows: Education Amendments of 1972, a parent or to pursue examples of mismanagement and At the appropriate place in title II, insert guardian may choose and a non-public school promote economy and efficiency in the De- the following: may offer a single sex school, class, or activ- partment. SEC. ll. Amounts appropriated in this ity. (b) The investigation under subsection (a) title for the Office of the National Coordi- (C) ENROLLMENT.—The prohibition of reli- shall not include any investigation of a nator for Health Information Technology gious discrimination in paragraph (1) shall former Commissioner of Food and Drugs, but shall be increased by $29,850,000: Provided, not apply with regard to enrollment for a shall include investigation of the actions by That funds made available for General De- non-public school that is controlled by a reli- the Food and Drug Administration with re- partment Management under the heading Of- gious organization, except in the case of the spect to the over-the-counter application for fice of the Secretary shall be reduced by enrollment of displaced students assisted the drug Plan B. $29,850,000. under this section. (c) Not later than 60 days after the date of (3) GENERAL PROVISION.—Nothing in this enactment of this Act, the Inspector General SA 2289. Mr. DAYTON submitted an section may be construed to alter or modify shall complete the investigation under this amendment intended to be proposed by the provisions of the Individuals with Dis- section and submit a report to the Sub- him to the bill H.R. 3010, making ap- abilities Education Act (20 U.S.C. 1400 et committee on Labor, Health and Human propriations for the Departments of seq.), title VI of the Civil Rights Act of 1964 Services, Education and Related Agencies of Labor, Health and Human Services, (42 U.S.C. 2000d et seq.), title IX of the Edu- the Committee on Appropriations of the Sen- cation Amendments of 1972 (20 U.S.C. 1681 et ate on the findings of such investigation. and Education, and Related Agencies seq.), and the Rehabilitation Act of 1973 (29 (d) Notwithstanding any other provision of for the fiscal year ending September 30, U.S.C. 701 et seq.). this title, amounts made available under this 2006, and for other purposes; as follows: (4) OPT-IN.—A displaced student assisted Act for the Office of the Secretary shall be On page 178, after line 25, insert the fol- under this section who is enrolled in a non- reduced by $3,000,000 and transferred to the lowing: public school shall not participate in reli- Office of Inspector General to conduct the in- SEC. lll. (a) In addition to amounts oth- gious worship or religious classes at such vestigation under this section. erwise appropriated under this Act, there are school unless such student’s parent or guard- appropriated, out of any money in the Treas- ian chooses to opt-in such student for such SA 2286. Mr. REED submitted an ury not otherwise appropriated, $15,121,000 religious worship or religious classes. amendment intended to be proposed by for activities authorized by the Help Amer- (5) RULE OF CONSTRUCTION.—The amount of him to the bill H.R. 3010, making ap- ica Vote Act of 2002, of which $10,000,000 shall any payment (or other form of support pro- propriations for the Departments of be for payments to States to promote access vided on behalf of a displaced student) under Labor, Health and Human Services, for voters with disabilities, and of which this section shall not be treated as income of and Education, and Related Agencies $5,121,000 shall be for payments to States for a parent or guardian of the student for pur- for the fiscal year ending September 30, protection and advocacy systems for voters poses of Federal tax laws or for determining with disabilities. 2006, and for other purposes; which was (b) Notwithstanding any other provision of eligibility for any other Federal program. ordered to lie on the table; as follows: (n) TREATMENT OF STATE AID.—A State this Act, amounts made available under this shall not take into consideration emergency At the end of title III (before the short title for the administration and related ex- impact aid payments received under this sec- title), add the following: penses shall be reduced by $15,121,000 from SEC. . In addition to amounts otherwise tion by a local educational agency in the ll other services. appropriated under this Act, there are appro- State in determining the eligibility of such priated, out of any money in the Treasury local educational agency for State aid, or the SA 2290. Mr. GREGG submitted an not otherwise appropriated, $2,476,514 for the amount of State aid, with respect to free amendment intended to be proposed by Gaining Early Awareness and Readiness for public education of children. him to the bill H.R. 3010, making ap- Undergraduate Programs under chapter 2 of (o) AUTHORIZATION OF APPROPRIATIONS.— subpart 2 of part A of title IV of the Higher propriations for the Departments of There is authorized to be appropriated to Education Act of 1965 (20 U.S.C. 1070a–21 et Labor, Health and Human Services, carry out this section $2,400,000,000 for fiscal seq.). and Education, and Related Agencies year 2006. for the fiscal year ending September 30, SEC. ll. SUNSET PROVISION. SA 2287. Mrs. BOXER (for herself and 2006, and for other purposes; which was Except as otherwise provided in this title, Mr. ENSIGN) submitted an amendment ordered to lie on the table; as follows: the provisions of this title shall be effective intended to be proposed by her to the On page 158, strike lines 12 through 21 and for the period beginning on the date of enact- bill H.R. 3010, making appropriations ment of this title and ending on August 1, insert the following: 2006. for the Departments of Labor, Health bus Budget Reconciliation Act of 1981, and Human Services, and Education, $3,159,000,000. SEC. ll. FUNDING. and Related Agencies for the fiscal For making payments under title XXVI of (a) IN GENERAL.—Notwithstanding any the Omnibus Budget Reconciliation Act of other provision of law, of the amounts made year ending September 30, 2006, and for other purposes; as follows: 1981, $300,000,000, to remain available until available to the Department of Homeland expended: Provided, That these funds are for Security under the heading ‘‘DISASTER RE- At the appropriate place, insert the fol- the unanticipated home energy assistance LIEF’’ under the heading ‘‘EMERGENCY lowing: needs of one or more States, as authorized by PREPAREDNESS AND RESPONSE’’ of Pub- SEC. ll. 21ST CENTURY COMMUNITY LEARNING section 2604(e) of the Act: Provided further, lic Law 109–62 (119) Stat. 1991), not less than CENTERS. That the entire amount is designated as an (a) FUNDING INCREASE.—In addition to $3,450,000,000 shall be available to the heads emergency requirement pursuant to section amounts otherwise appropriated under this of the appropriate departments or agencies 402 of H. Con. Res. 95 (109th Congress), the Act, there is appropriated $51,900,000 for 21st of the Federal Government to carry out the concurrent resolution on the budget for fis- century community learning centers under programs and activities authorized under cal year 2006. this title. part B of title IV of the Elementary and Sec- GENERAL PROVISION—REDUCTION AND (b) AVAILABLE UNTIL EXPENDED.—The ondary Education Act of 1965 (20 U.S.C. 7171 RESCISSION amounts appropriated under subsection (a) et seq.). shall remain available until expended. (b) OFFSET FROM TITLE I DEPARTMENTAL SEC. ll. (a) Amounts made available in MANAGEMENT.—The amounts appropriated this Act, not otherwise required by law, are SA 2285. Mrs. MURRAY submitted an under title I under the heading ‘‘DEPART- reduced by 0.982 percent. MENTAL MANAGEMENT’’ for salaries and ex- (b) The reduction described in subsection amendment intended to be proposed by penses shall be reduced by $51,900,000. (a) shall not apply to amounts made avail- her to the bill H.R. 3010, making appro- able under this Act— priations for the Departments of SA 2288. Ms. STABENOW (for herself (1) for the account under the heading Labor, Health and Human Services, and Ms. SNOWE) submitted an amend- ‘‘LOW-INCOME HOME ENERGY ASSISTANCE’’; or

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23763

(2) for the account under the heading Mr. KOHL, Mr. CORZINE, Ms. MIKULSKI, (6) include a list of possible incentives for ‘‘REFUGEE AND ENTRANT ASSISTANCE’’ (with Mr. DURBIN, Mr. ROCKEFELLER, Mr. greater business involvement in the pro- respect to amounts designated as emergency JOHNSON, and Mr. KERRY) proposed an gram; and requirements). amendment to the bill H.R. 3010, mak- (7) determine whether additional business SEC. ll. (a) There is rescinded an amount participation in the program would help ad- equal to 0.981 percent of the budget author- ing appropriations for the Departments dress the critical need for a strong, highly ity provided in any prior appropriation Act of Labor, Health and Human Services, skilled workforce in science, technology, en- for fiscal year 2006, for any discretionary ac- and Education, and Related Agencies gineering, and mathematics. count described in this Act. for the fiscal year ending September 30, (b) REPORT.—Not later than 180 days after (b) Any rescission made by subsection (a) 2006, and for other purposes; as follows: the date of enactment of this section, the shall be applied proportionately— At the end of title III (before the short Secretary of Education shall report the Sec- (1) to each discretionary account described title), add the following: retary’s findings to Congress. in subsection (a) to the extent that it relates SEC. ll. In addition to amounts otherwise Mr. ENZI submitted an to budget authority described in subsection appropriated under this Act, there are appro- SA 2295. (a), and to each item of budget authority de- priated, out of any money in the Treasury amendment intended to be proposed by scribed in subsection (a); and not otherwise appropriated, $3,958,901,143 for him to the bill H.R. 3010, making ap- (2) within each such account or item, to carrying out part B of the Individuals with propriations for the Departments of each program, project, and activity (as delin- Disabilities Education Act (20 U.S.C. 1411 et Labor, Health and Human Services, eated in the appropriation Act or accom- seq.). and Education, and Related Agencies panying report for the relevant fiscal year for the fiscal year ending September 30, covering such account or item). SA 2293. Mr. KENNEDY submitted an (c) The rescission described in subsection 2006, and for other purposes; which was amendment intended to be proposed by ordered to lie on the table; as follows: (a) shall not apply to budget authority pro- him to the bill H.R. 3010, making ap- vided as described in subsection (a)— On page 115, strike line 15, and insert the (1) for the account under the heading propriations for the Departments of following: ‘‘LOW-INCOME HOME ENERGY ASSISTANCE’’; or Labor, Health and Human Services, under title I of the Workforce Investment (2) for the account under the heading and Education, and Related Agencies Act of 1998, or to approve, through regu- ‘‘REFUGEE AND ENTRANT ASSISTANCE (with for the fiscal year ending September 30, latory or administrative action, the redesig- respect to amounts designated as emergency 2006, and for other purposes; which was nation of local areas that were in effect requirements)’’. ordered to lie on the table; as follows: under subtitle B of that title on June 30, 2005 and that have substantially met (as defined At the appropriate place, insert the fol- by the State board involved) the local per- SA 2291. Mr. SPECTER submitted an lowing: formance measures for the local areas under amendment intended to be proposed by SEC. ll. None of the funds appropriated him to the bill H.R. 3010, making ap- under this Act shall be used to enforce or that subtitle and sustained the fiscal integ- propriations for the Departments of otherwise comply with the provisions of rity of the funds used by the areas to carry out activities under that subtitle (as speci- Labor, Health and Human Services, Proclamation 7924 (70 Fed. Reg. 54227), as issued by the President, relating to the sus- fied in section 116(a)(3)(B) of that Act but and Education, and Related Agencies notwithstanding the time limits specified in for the fiscal year ending September 30, pension of the application of the provisions of subchapter IV of chapter 31 of title 40, section 116(a)(3)(B) of that Act), until 2006, and for other purposes; as follows: United States Code (commonly referred to as SA 2296. Mr. VITTER submitted an On page 178, after line 25, insert the fol- the Davis-Bacon Act). lowing: amendment intended to be proposed by SEC. ll. (a) Notwithstanding any other SA 2294. Mr. COLEMAN submitted an him to the bill H.R. 3010, making ap- provision of law, none of the funds made amendment intended to be proposed by propriations for the Departments of available under this Act may be used to im- him to the bill H.R. 3010, making ap- Labor, Health and Human Services, plement or enforce the interim final rule propriations for the Departments of and Education, and Related Agencies published in the Federal Register by the Cen- for the fiscal year ending September 30, ters for Medicare & Medicaid Services on Au- Labor, Health and Human Services, gust 26, 2005 (70 Fed. Reg. 50940) or any cor- and Education, and Related Agencies 2006, and for other purposes; which was responding similar regulation or ruling— for the fiscal year ending September 30, ordered to lie on the table; as follows: (1) prior to April 1, 2006; and 2006, and for other purposes; which was On page 222, between lines 5 and 6, insert (2) on or after April 1, 2006, unless the Sec- ordered to lie on the table; as follows: the following: retary of Health and Human Services pub- At the end of title III (before the short TITLE VI—KATRINA RECOVERY lishes— title), add the following: SEC. 601. SHORT TITLE. (A) by not later than January 1, 2006, a pro- SEC. ll. ASSESSMENT OF MATHEMATICS AND This title may be cited as the ‘‘Louisiana posed rule with respect to motorized or pow- SCIENCE PARTNERSHIPS PROGRAM. Katrina Recovery Act of 2005’’. ered wheelchairs, followed by a 45-day period (a) IN GENERAL.—The Secretary of Edu- SEC. 602. DEFINITIONS. to comment on the proposed rule; and cation shall conduct an assessment of the In this title: (B) by not later than February 14, 2006, a Mathematics and Science Partnerships pro- (1) ADMINISTRATOR.—The term ‘‘Adminis- final rule with respect to motorized or pow- gram under part B of title II of the Elemen- trator’’ means the Louisiana Katrina Recov- ered wheelchairs, followed by a 45-day transi- tary and Secondary Education Act of 1965 (20 ery Administrator. tion period for implementation of the final U.S.C. 6661 et seq.). The assessment shall— (2) AGENCY.—The term ‘‘agency’’ has the rule. (1) include the current participation level meaning given the term under section 551(1) (b)(1) Notwithstanding any other provision of businesses and nonprofit organizations in of title 5, United States Code. of law, with respect to a covered item con- the program; (3) OFFICE.—The term ‘‘Office’’ means the sisting of a motorized or power wheelchair (2) include a comparative analysis between Office of the Louisiana Katrina Recovery Ad- furnished during 2006, the Secretary of those partnerships that include either a busi- ministrator. Health and Human Services shall reduce the ness or a nonprofit organization and those (4) RECOVERY.—The term ‘‘recovery’’ in- payment amount otherwise applicable under that do not; cludes relief, rebuilding, and reconstruction. section 1834 of the Social Security Act (42 (3) include a general comparative survey of SEC. 603. ESTABLISHMENT. U.S.C. 1395m) for such item by 1.5 percent. other competing nations that involve busi- (a) ESTABLISHMENT.—There is established (2) The payment reduction provided under nesses in similar programs; within the Executive Office of the President, paragraph (1) for 2006— (4) include the level of interest and demand the Office of the Louisiana Katrina Recovery (A) shall not apply to a covered item con- by institutions of higher education and high- Administrator. sisting of a motorized or power wheelchair need local educational agencies for business (b) ADMINISTRATOR.— that is furnished after 2006; and participation in the program; (1) APPOINTMENT.—The Louisiana Katrina (B) shall not be taken into account in cal- (5) include a determination as to whether Recovery Administrator shall be the head of culating the payment amounts applicable for greater participation in the program by busi- the Office. Not later than 30 days after the such a covered item furnished after 2006. nesses and nonprofit organizations would im- date of enactment of this Act, the President prove the program’s effectiveness and effi- shall appoint the Administrator. SA 2292. Mrs. CLINTON (for herself, ciency in meeting the goals of such program (2) QUALIFICATIONS.—The individual ap- Mr. DODD, Mr. KENNEDY, Mr. JEFFORDS, and better ensures that the learning process pointed as Administrator— Ms. STABENOW, Mr. DAYTON, Mr. LIE- is geared towards the development of mar- (A) shall be a United States citizen at least BERMAN, Mr. REID, Mr. LAUTENBERG, ketable skills for teachers and students; 30 years of age; and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23764 CONGRESSIONAL RECORD—SENATE October 26, 2005 (B) shall be appointed on the basis of— (2) 2 shall be appointed by the Governor of of title 5, United States Code, for purposes of (i) extensive business and management ex- the State of Louisiana; chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and perience; (3) 1 shall be appointed by the mayor of the 90 of that title. (ii) demonstrated political independence city of New Orleans; and (ii) MEMBERS OF BOARD.—Subparagraph (A) and integrity; and (4) 2 shall be appointed by a majority of shall not be construed to apply to members (iii) independence from financial interests the parish presidents of Jefferson, of the Board. associated with recovery from Hurricane Plaquemines, St. Bernard, St. Tammany, (4) DETAIL OF GOVERNMENT EMPLOYEES.— Katrina in Louisiana. and Washington Parishes, Louisiana. Any Federal Government employee may be SEC. 604. AUTHORITIES AND FUNCTIONS. (c) DUTIES.—The Board shall provide ad- detailed to the Board without reimburse- (a) IN GENERAL.—The Administrator vice and recommendations to the Adminis- ment, and such detail shall be without inter- shall— trator to carry out the purposes of this title. ruption or loss of civil service status or (1) provide leadership in— (d) CHAIRPERSON.—The Administrator shall privilege. (A) developing a plan for the recovery of designate 1 member as Chairperson of the (5) PROCUREMENT OF TEMPORARY AND INTER- areas in Louisiana adversely impacted by Board. MITTENT SERVICES.—The Chairperson of the Hurricane Katrina; and (e) POWERS OF THE BOARD.— Board may procure temporary and intermit- (B) ensuring accountability in and trans- (1) HEARINGS.—The Board may hold such tent services under section 3109(b) of title 5, parency of recovery efforts; hearings, sit and act at such times and United States Code, at rates for individuals (2) have management and oversight au- places, take such testimony, and receive which do not exceed the daily equivalent of thority of all agencies in all Federal activi- such evidence as the Board considers advis- the annual rate of basic pay prescribed for ties and the use of Federal resources relating able to carry out this section. level V of the Executive Schedule under sec- to the recovery from Hurricane Katrina in (2) INFORMATION FROM FEDERAL AGENCIES.— tion 5316 of such title. Louisiana; The Board may secure directly from any (g) TERMINATION OF THE BOARD.—The Board (3) ensure the activities and resources re- Federal department or agency such informa- shall terminate on the date of the termi- ferred to under paragraph (2) are performed tion as the Board considers necessary to nation of the Office of the Louisiana Katrina and used in the most efficient and effective carry out this section. Upon request of the Recovery Administrator. manner practicable; Chairperson of the Board, the head of such (h) AUTHORIZATION OF APPROPRIATIONS.— (4) coordinate the efforts of the Federal department or agency shall furnish such in- There are authorized to be appropriated such Government and the State and local govern- formation to the Board. sums as necessary to the Board to carry out ments of Louisiana in the recovery from (3) POSTAL SERVICES.—The Board may use this title. Hurricane Katrina in Louisiana; and the United States mails in the same manner SEC. 607. DISAPPROVAL RESOLUTIONS. (5) after consultation with the relevant and under the same conditions as other de- (a) IN GENERAL.—Notwithstanding any head of an agency, have the authority to— partments and agencies of the Federal Gov- other provision of this title, if Congress en- (A) if necessary to ensure streamlined Fed- ernment. acts a joint resolution as provided under this eral action and avoid unnecessary bureau- (4) GIFTS.—The Board may accept, use, and section— cratic delays in long-term recovery efforts, dispose of gifts or donations of services or (1) a waiver under section 604(a)(5) shall direct the head of an agency to exercise any property. not take effect or cease to be in effect, as the administrative waiver authority of that (f) BOARD PERSONNEL MATTERS.— case may be; or agency relating to a requirement of Federal (1) COMPENSATION OF MEMBERS.—Each (2) notwithstanding section 610(b), the Of- law, including any waiver authority under member of the Board who is not an officer or fice shall terminate. section 301 of the Robert T. Stafford Disaster employee of the Federal Government shall (b) CONTENTS OF RESOLUTION.—For the pur- Relief and Emergency Assistance Act (42 be compensated at a rate equal to the daily pose of subsection (a), the term ‘‘joint reso- U.S.C. 5141); and equivalent of the annual rate of basic pay lution’’ means a joint resolution, the matter (B) extend any such waiver for any period prescribed for level IV of the Executive after the resolving clause of which is only 1 until the termination of the Office. Schedule under section 5315 of title 5, United of the following: (b) CHAIRPERSON OF THE INTERAGENCY States Code, for each day (including travel ‘‘That Congress disapproves the waiver ex- WORKING GROUP.— time) during which such member is engaged tension under section 604(a)(5) of the Lou- (1) ESTABLISHMENT.—There is established in the performance of the duties of the isiana Katrina Recovery Act of 2005 relating the Louisiana Katrina Interagency Working Board. All members of the Board who are of- to llllll (the blank space being appro- Group (in this subsection referred to as the ficers or employees of the United States priately filled in).’’. ‘‘Working Group’’). The Administrator shall shall serve without compensation in addition ‘‘The Congress disapproves the extension of be the Chairperson of the Working Group. to that received for their services as officers termination under section 610(b) of the Lou- (2) FUNCTIONS.—The Working Group shall or employees of the United States. isiana Katrina Recovery Act of 2005, of which coordinate with the Administrator to carry (2) TRAVEL EXPENSES.—The members of the the President submitted notice to Congress out this title. Board shall be allowed travel expenses, in- on llllll (the blank space being filled (3) MEMBERS.—The Working Group shall cluding per diem in lieu of subsistence, at in by the appropriate date).’’. include— rates authorized for employees of agencies (c) REFERRAL TO COMMITTEE.—A resolution (A) the Secretary of Housing and Urban under subchapter I of chapter 57 of title 5, described in subsection (b) introduced in the Development; United States Code, while away from their House of Representatives shall be referred to (B) the Secretary of Commerce; homes or regular places of business in the the Committee on Homeland Security of the (C) the Secretary of Education; performance of services for the Board. House of Representatives. A resolution de- (D) the Secretary of Labor; (3) STAFF.— scribed in subsection (b) introduced in the (E) the Secretary of Agriculture; (A) IN GENERAL.—The Chairperson of the Senate shall be referred to the Committee on (F) the Administrator of the Small Busi- Board may, without regard to the civil serv- Homeland Security and Governmental Af- ness Administration; ice laws and regulations, appoint and termi- fairs of the Senate. Such a resolution may (G) the Director of the Environmental Pro- nate an executive director and such other ad- not be reported before the 8th day after its tection Agency; and ditional personnel as may be necessary to introduction. (H) any other head of an agency, as deter- enable the Board to perform its duties. The (d) DISCHARGE OF COMMITTEE.—If the com- mined by the President. employment of an executive director shall be mittee to which is referred a resolution de- (4) TERMINATION.—The Working Group subject to confirmation by the Board. scribed in subsection (b) has not reported shall terminate on the date of the termi- (B) COMPENSATION.—The Chairperson of the such resolution (or an identical resolution) nation of the Office. Board may fix the compensation of the exec- at the end of 15 calendar days after its intro- SEC. 605. ADMINISTRATIVE AND SUPPORT SERV- utive director and other personnel without duction, such committee shall be deemed to ICES. regard to chapter 51 and subchapter III of be discharged from further consideration of The President shall provide administrative chapter 53 of title 5, United States Code, re- such resolution and such resolution shall be and support services (including personnel) lating to classification of positions and Gen- placed on the appropriate calendar of the for the Office. eral Schedule pay rates, except that the rate House involved. SEC. 606. LOUISIANA KATRINA ADVISORY BOARD. of pay for the executive director and other (e) FLOOR CONSIDERATION.— (a) ESTABLISHMENT.—There is established personnel may not exceed the rate payable (1) IN GENERAL.—When the committee to the Louisiana Katrina Advisory Board (in for level V of the Executive Schedule under which a resolution is referred has reported, this section referred to as the ‘‘Board’’). section 5316 of such title. or has been deemed to be discharged (under (b) MEMBERSHIP.—The Board shall be com- (C) PERSONNEL AS FEDERAL EMPLOYEES.— subsection (d)) from further consideration of, prised of 6 members, none of whom shall be (i) IN GENERAL.—The executive director a resolution described in subsection (b), it is an elected official, and of whom— and any personnel of the Board who are em- at any time thereafter in order (even though (1) 2 shall be appointed by the President; ployees shall be employees under section 2105 a previous motion to the same effect has

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23765 been disagreed to) for any Member of the re- Act for Defense and for the Reconstruction the Secretary of State and the Secretary of spective House to move to proceed to the of Iraq and Afghanistan, 2004 (Public Law Defense with respect to activities relating to consideration of the resolution, and all 108–106; 117 Stat. 1234; 5 U.S.C. App. 3 section the Iraq Relief and Reconstruction Fund. points of order against the resolution (and 8G note) is amended— ‘‘(B) Except as provided in paragraph (2), against consideration of the resolution) are (A) in subsection (b), by striking ‘‘Office of the Inspector General shall report directly waived. The motion is highly privileged in the Special Inspector General for Iraq Recon- to, and be under the general supervision of, the House of Representatives and is privi- struction’’ and inserting ‘‘Office of the Spe- the Director of the Office of Management leged in the Senate and is not debatable. The cial Inspector General for Relief and Recon- and Budget and the Secretary of Homeland motion is not subject to amendment, or to a struction’’; and Security with respect to activities relating motion to postpone, or to a motion to pro- (B) in subsection (c)(1), by striking all to Hurricane Katrina recovery activities.’’; ceed to the consideration of other business. after ‘‘The head of the Office of the Special and A motion to reconsider the vote by which Inspector General’’ and inserting ‘‘for Relief (B) in paragraph (2)— the motion is agreed to or disagreed to shall and Reconstruction is the Special Inspector (i) by striking ‘‘Department of Defense, the not be in order. If a motion to proceed to the General for Relief and Reconstruction (in Department of State, or the United States consideration of the resolution is agreed to, this section referred to as the ‘Inspector Agency for International Development’’ and the resolution shall remain the unfinished General’). If a vacancy occurs after the serv- inserting ‘‘Federal Government’’; and business of the respective House until dis- ice of the individual as provided under sec- (ii) by inserting ‘‘and Hurricane Katrina posed of. tion 608(b) of the Louisiana Katrina Recov- recovery activities’’ after ‘‘Iraq Relief and (2) DEBATE.—Debate on the resolution, and ery Act of 2005, the Inspector General shall Reconstruction Fund’’; on all debatable motions and appeals in con- be appointed by the President, by and with (2) in subsection (f)— nection therewith, shall be limited to not the advice and consent of the Senate.’’. (A) in paragraph (1)— more than 10 hours, which shall be divided (2)(A) The heading of such section is (i) by inserting ‘‘(A)’’ after ‘‘(1)’’; equally between those favoring and those op- amended to read as follows: (ii) by redesignating subparagraphs (A) posing the resolution. A motion further to ‘‘SEC. 3001. SPECIAL INSPECTOR GENERAL FOR through (E) as clauses (i) through (v), respec- limit debate is in order and not debatable. RELIEF AND RECONSTRUCTION.’’. tively; and An amendment to, or a motion to postpone, (B) The heading of title III of such Act is (iii) by adding at the end the following: or a motion to proceed to the consideration amended to read as follows: ‘‘(B) It shall be the duty of the Inspector of other business, or a motion to recommit General to conduct and coordinate audits ‘‘TITLE III—SPECIAL INSPECTOR GEN- and investigations of the treatment, han- the resolution is not in order. A motion to ERAL FOR RELIEF AND RECONSTRUC- dling, and expenditure of amounts appro- reconsider the vote by which the resolution TION’’. priated or otherwise made available for Hur- is agreed to or disagreed to is not in order. (b) CONTINUATION IN OFFICE.—The indi- ricane Katrina recovery by the Federal Gov- (3) VOTE ON FINAL PASSAGE.—Immediately vidual serving as the Special Inspector Gen- ernment, and of the programs, operations, following the conclusion of the debate on a eral for Iraq Reconstruction as of the date of and contracts carried out utilizing such resolution described in subsection (b), and a the enactment of this Act may continue to funds, including— single quorum call at the conclusion of the serve as the Special Inspector General for ‘‘(i) the oversight and accounting of the ob- debate if requested in accordance with the Relief and Reconstruction (with all addi- ligation and expenditure of such funds; rules of the appropriate House, the vote on tional duties and responsibilities as provided ‘‘(ii) the monitoring and review of recon- final passage of the resolution shall occur. under this title) after that date without restruction activities funded by such funds; (4) RULINGS OF THE CHAIR ON PROCEDURE.— appointment under paragraph (1) of section ‘‘(iii) the monitoring and review of con- Appeals from the decisions of the Chair re- 3001(c) of the Emergency Supplemental Ap- tracts funded by such funds; lating to the application of the rules of the propriations Act for Defense and for the Re- ‘‘(iv) the monitoring and review of the Senate or the House of Representatives, as construction of Iraq and Afghanistan, 2004, transfer of such funds and associated infor- the case may be, to the procedure relating to but remaining subject to removal as speci- mation between and among departments, a resolution described in subsection (b) shall fied in paragraph (4) of that section. agencies, and entities of the United States, be decided without debate. (c) PURPOSES.—Subsection (a) of such sec- State and local governments, and private (f) COORDINATION WITH ACTION BY OTHER tion is amended— and nongovernmental entities; HOUSE.—If, before the passage by 1 House of (1) in paragraph (1), by inserting ‘‘and for ‘‘(v) the maintenance of records on the use a resolution of that House described in sub- Hurricane Katrina recovery activities’’ after of such funds to facilitate future audits and section (b), that House receives from the ‘‘Iraq Relief and Reconstruction Fund’’; and investigations of the use of such funds; and other House a resolution described in sub- (2) in paragraph (3), by striking ‘‘the Sec- ‘‘(vi) the monitoring of Federal grants and section (b) relating to the same matter, then retary of State and the Secretary of De- benefit programs.’’; and the following procedures shall apply: fense’’ and inserting ‘‘the Secretary of State, (B) in paragraph (4)— (1) The resolution of the other House shall the Secretary of Homeland Security, the (i) by inserting ‘‘(A)’’ after ‘‘(4)’’; not be referred to a committee. Secretary of Defense, and the heads of other (ii) by striking all after ‘‘cooperation of’’ (2) With respect to a resolution described Federal agencies, as appropriate,’’. and inserting ‘‘the inspectors general and au- in subsection (b) of the House receiving the (d) RESPONSIBILITIES OF ASSISTANT INSPEC- diting entities of all other Federal depart- resolution— TOR GENERAL FOR AUDITING.—Subsection (d) ments and agencies.’’; and (A) the procedure in that House shall be of such section is amended to read as follows: (iii) by adding at the end the following: the same as if no resolution had been re- ‘‘(d) ASSISTANT INSPECTORS GENERAL.—(1) ‘‘(B)(i) The Inspector General shall ensure, ceived from the other House; but The Inspector General shall, in accordance to the greatest extent possible, that the ac- (B) the vote on final passage shall be on with applicable laws and regulations gov- tivities of the Inspector General do not du- the resolution of the other House. erning the civil service— plicate audits and investigations of inspec- (g) RULES OF HOUSE OF REPRESENTATIVES ‘‘(A) appoint 1 or more Assistant Inspec- tors general and other auditors of Federal AND SENATE.—This subsection is enacted by tors General for Auditing who shall have the departments and agencies, and State and Congress— responsibility for supervising the perform- local government entities. (1) as an exercise of the rulemaking power ance of auditing activities relating to— ‘‘(ii) The Inspector General shall notify the of the Senate and House of Representatives, ‘‘(i) programs and operations supported by inspector general of the relevant agency or respectively, and as such it is deemed a part the Iraq Relief and Reconstruction Fund; department before initiating an audit or in- of the rules of each House, respectively, but and vestigation relating to Hurricane Katrina ac- applicable only with respect to the procedure ‘‘(ii) programs and operations relating to tivities. to be followed in that House in the case of a Hurricane Katrina recovery activities; and ‘‘(iii) Nothing in this section shall be con- resolution described in subsection (b), and it ‘‘(B) appoint 1 or more Assistant Inspec- strued to limit the statutory authority of in- supersedes other rules only to the extent tors General for Investigations who shall spectors general to conduct audits or inves- that it is inconsistent with such rules; and have the responsibility for supervising the tigations relating to Hurricane Katrina ac- (2) with full recognition of the constitu- performance of investigative activities relat- tivities.’’; tional right of either House to change the ing to such programs and operations.’’. (3) in subsection (h)(4)(B), by striking rules (so far as relating to the procedure of (e) SUPERVISION.—Such section is further ‘‘Secretary of State or Secretary of Defense’’ that House) at any time, in the same man- amended— and inserting ‘‘Director of the Office of Man- ner, and to the same extent as in the case of (1) in subsection (e)— agement and Budget and heads of relevant any other rule of that House. (A) by striking paragraph (1) and inserting agencies’’; and SEC. 608. SPECIAL INSPECTOR GENERAL FOR RE- the following: (4) in subsection (h)(5)— LIEF AND RECONSTRUCTION. ‘‘(1)(A) Except as provided in paragraph (2), (A) by inserting ‘‘(A)’’ after ‘‘(5)’’; (a) REDESIGNATION.—(1) Section 3001 of the the Inspector General shall report directly (B) by inserting ‘‘for activities relating to Emergency Supplemental Appropriations to, and be under the general supervision of, Iraq’’ after ‘‘operation of such offices’’; and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23766 CONGRESSIONAL RECORD—SENATE October 26, 2005

(C) by adding at the end the following: ‘‘(2) A contract described in this paragraph (i) WAIVER.—Subsection (l) of such section ‘‘(B) The Secretary of Homeland Security is any major contract or other agreement is amended— shall provide the Inspector General with ap- that is entered into by any department or (1) in paragraph (1), by inserting ‘‘or para- propriate and adequate office space, together agency of the United States Government graph (1) or (3) of subsection (j)’’ after ‘‘sub- with such equipment, office supplies, and that involves the use of amounts appro- section (i)’’; and communications facilities and services as priated or otherwise made available for Hur- (2) in paragraph (2), by inserting ‘‘or para- may be necessary for the operations of such ricane Katrina recovery with any public or graph (1) or (3) of subsection (j)’’ after ‘‘sub- offices for activities relating to Hurricane private sector entity. section (i)’’ each place that term occurs. Katrina, and shall provide necessary mainte- ‘‘(3) Not later than 45 days after the date of (j) APPROPRIATE COMMITTEES OF CON- nance services for such offices and equip- enactment of the Louisiana Katrina Recov- GRESS.—Subsection (m) of such section is ment and facilities located therein.’’. ery Act of 2005, the Inspector General shall amended— (f) REPORTS RELATING TO THE IRAQI RELIEF submit to the appropriate committees of (1) in paragraph (1), by striking ‘‘and For- AND RECONSTRUCTION.—Subsection (i) of such Congress an interim report on the status of eign Relations’’ and inserting ‘‘Foreign Rela- section is amended by adding at the end the Hurricane Katrina recovery activities of the tions, and Homeland Security and Govern- following: Federal Government. The interim report mental Affairs’’; and ‘‘(7)(A) The Inspector General shall also shall include the following: (2) in paragraph (2), by striking ‘‘and Inter- submit each report under this subsection to ‘‘(A) The operational activities of the Of- national Relations’’ and inserting ‘‘Inter- the Secretary of State and the Secretary of fice of the Special Inspector General for Re- national Relations, and Homeland Security’’. Defense. lief and Reconstruction. (k) FUNDING.—Subsection (n) of such sec- ‘‘(B)(i) Not later than 30 days after receipt ‘‘(B) The status of auditors and investigation is amended by adding at the end the fol- of a report under subparagraph (A), the Sec- tors deployed to Louisiana. lowing: retary of State and the Secretary of Defense ‘‘(C) A strategic plan for oversight, includ- ‘‘(3) There are authorized to be appro- may submit to the appropriate committees ing audits of no bid contracts. priated to the Office of the Special Inspector of Congress any comments on the matters ‘‘(D) Vulnerabilities identified and imme- General for Relief and Reconstruction to covered by the report as the Secretary of diate actions to address such vulnerabilities. carry out the responsibilities of the Special State or the Secretary of Defense, as the ‘‘(E) Measures taken to coordinate inter- Inspector General relating to Hurricane case may be, considers appropriate. agency oversight elements. Katrina recovery such sums as necessary for ‘‘(ii) A report under this subparagraph may ‘‘(4) Not later than March 31, 2006, and fiscal year 2006.’’. include a classified annex if the Secretary of semiannually thereafter, the Inspector Gen- (l) APPLICATION TO LOUISIANA AND TERMI- State or the Secretary of Defense, as the eral shall submit to the appropriate commit- NATION.—Such section is amended by strik- case may be, considers it necessary.’’. tees of Congress a report meeting the re- ing subsection (o) and inserting the fol- (g) REPORTS RELATING TO HURRICANE quirements of section 5 of the Inspector Gen- lowing: KATRINA RELIEF AND RECONSTRUCTION.—Sub- eral Act of 1978 (5 U.S.C. App.). ‘‘(o) APPLICATION TO LOUISIANA.—Any ref- section (j) of such section is amended to read ‘‘(5) The Inspector General shall publish erence in this section to Hurricane Katrina as follows: each report under this subsection on an ac- recovery shall only apply with respect to ‘‘(j) REPORTS RELATING TO HURRICANE cessible Federal Government Internet Hurricane Katrina recovery in the State of KATRINA RELIEF AND RECONSTRUCTION.— website. Louisiana. (1)(A) At the end of each calendar quarter, ‘‘(6) Nothing in this subsection shall be ‘‘(p) TERMINATION.—(1)(A) The responsibil- beginning with the first full quarter after construed to authorize the public disclosure ities of the Office of the Special Inspector the date of enactment of the Louisiana of information that is— General for Relief and Reconstruction with Katrina Recovery Act of 2005, the Inspector ‘‘(A) specifically prohibited from disclosure respect to the Iraq Relief and Reconstruction General shall submit to the appropriate com- by any other provision of law; Fund shall terminate on the date that is 10 mittees of Congress a report summarizing for ‘‘(B) specifically required by Executive months after the date, as determined by the the period of that quarter the activities of order to be protected from disclosure in the Secretary of State and Secretary of Defense, the Inspector General and of the Hurricane interest of national defense or national secu- on which 80 percent of the amounts appro- Katrina recovery activities of the Federal rity or in the conduct of foreign affairs; or priated or otherwise made available to the Government. Each report shall include, for ‘‘(C) a part of an ongoing criminal inves- Iraq Relief and Reconstruction Fund by the period covered by such report, a detailed tigation. chapter 2 of title II of this Act have been ob- statement of all obligations, expenditures, ‘‘(7)(A) The Inspector General shall also ligated. and revenues associated with recovery ac- submit each report under this subsection to ‘‘(B) The responsibilities of the Office of tivities for Hurricane Katrina, including the the Director of the Office of Management the Special Inspector General for Relief and following: and Budget, Secretary of Homeland Secu- Reconstruction with respect to Hurricane ‘‘(i) Obligations and expenditures of appro- rity, or heads of other appropriate agencies. Katrina recovery activities shall terminate 2 priated funds. ‘‘(B) Not later than 30 days after receipt of years after the date of enactment of the Lou- ‘‘(ii) Accounting of the costs incurred to a report under paragraph (1), the Director of isiana Katrina Recovery Act of 2005. date for Hurricane Katrina recovery, to- the Office of Management and Budget and ‘‘(2) The Office of the Special Inspector gether with the estimate of the Federal Gov- the heads of other appropriate agencies may General for Relief and Reconstruction shall ernment’s costs to complete each project and submit to the appropriate committees of terminate on the later date occurring under each program. Congress any comments on the matters cov- subparagraph (A) or (B) of paragraph (1).’’. ‘‘(iii) Operating expenses of any Federal ered by the report as the Director of the Of- SEC. 609. AUTHORIZATION OF APPROPRIATIONS. departments, agencies, or entities receiving fice of Management and Budget and heads of There are authorized to be appropriated appropriated funds for Hurricane Katrina re- relevant agencies consider appropriate. such sums as necessary to carry out this covery activities. ‘‘(8) The Inspector General shall respond to title. ‘‘(iv) In the case of any contract described any reasonable summons to appear and tes- SEC. 610. TERMINATION OF OFFICE. in paragraph (2)— tify before any duly constituted committee (a) IN GENERAL.—The Office and position of ‘‘(I) the amount of the contract or other of Congress.’’. Administrator shall terminate 2 years after agreement; (h) TRANSPARENCY.—Subsection (k) of such the date of enactment of this Act. ‘‘(II) a brief discussion of the scope of the section is amended— (b) EXTENSION OF TERMINATION.— contract or other agreement; (1) in paragraph (1), by striking ‘‘sub- (1) IN GENERAL.—The President may extend ‘‘(III) a discussion of how the contracting section (i), the Secretary of State and the the date of termination under subsection (a) department or agency identified, and solic- Secretary of Defense shall jointly’’ and in- in accordance with this subsection. ited offers from, potential contractors to serting ‘‘subsection (i) or (j), the Director of (2) CONDITIONS OF EXTENSION.—Any exten- perform the contract, together with a list of the Office of Management and Budget and sion of termination under this subsection— the potential contractors that were issued the heads of the relevant departments (A) shall not be effective for any period oc- solicitations for the offers; and shall’’; and curring 5 years after the date of enactment ‘‘(IV) the justification and approval docu- (2) in paragraph (2), by striking ‘‘sub- of this Act; ments on which was based the determination section (j)(2) of comments on a report under (B) may not apply retroactively if the Of- to use procedures other than procedures that subsection (i), the Secretary of State and the fice and the position of Director have termi- provide for full and open competition. Secretary of Defense shall jointly’’ and in- nated under this section; ‘‘(B) The first quarterly report required to serting ‘‘subsection (i)(7)(B) or (j)(7)(B) of (C) shall not be effective unless 60 days be- be submitted under subparagraph (A) shall comments on a report under subsection (i) or fore the date on which a termination would also summarize activities for Hurricane (j), the Director of the Office of Management occur the President submits a notice to Con- Katrina recovery undertaken before that and Budget and the heads of relevant depart- gress of a determination to extend the termi- quarter. ments shall’’. nation; and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23767 (D) subject to subparagraph (A), shall be (2) of the amount available to carry out (A) to support the registration in the pro- for a 6-month period. this section for fiscal year 2006, use not more gram under this section of displaced students than one third of one percent of such amount by means of an Internet site, toll-free tele- SA 2297. Mr. VITTER submitted an for administrative expenses, including out- phone number, or paper form; and amendment intended to be proposed by reach, support services, and dissemination of (B) to facilitate the timely payment of him to the bill H.R. 3010, making ap- information; and funds from the accounts of families partici- propriations for the Departments of (3) contract with a nongovernmental enti- pating in the program under this section to Labor, Health and Human Services, ty to administer and operate the program. the school or preschool program authorized (b) REIMBURSEMENT.— to be reimbursed for educational and other and Education, and Related Agencies (1) IN GENERAL.—In carrying out this sec- services rendered. for the fiscal year ending September 30, tion, the Secretary— (2) SYSTEM REQUIREMENTS.— 2006, and for other purposes; which was (A) shall allow the parent of the partici- (A) INTERNET SITE; TOLL-FREE TELEPHONE ordered to lie on the table; as follows: pating displaced student to select the school NUMBER; PAPER FORM.—The Internet site and At the end of title I (before the short title), or preschool program to be attended by the toll-free telephone number developed pursu- insert the following: student during the 2005–2006 school year; ant to paragraph (1)— (B) at the direction of the parent, shall SEC. ll. COMMUNITY-BASED TRAINING GRANTS. (i) shall be integrated with each other; provide reimbursement to that school or pre- (ii) shall, with respect to the toll-free tele- (a) INCREASE FOR TRAINING AND EMPLOY- school program on a quarterly basis; and MENT.—In addition to amounts otherwise ap- phone number, not be fully automated; (C) in the case of a public school, may pro- (iii) shall be operational not later than 2 propriated under this Act, the $2,787,806,000 vide such reimbursement to the appropriate appropriated under title I under the heading weeks after the date of the enactment of this local fiscal agent for the school. section; ‘‘TRAINING AND EMPLOYMENT SERVICES (IN- (2) AMOUNT.—In providing reimbursement CLUDING RESCISSION)’’ under the heading (iv) shall include privacy controls, con- under paragraph (1), the Secretary shall— sistent with section 444 of the General Edu- ‘‘EMPLOYMENT AND TRAINING ADMINISTRA- (A) determine the amount of reimburse- TION’’ shall be increased by an additional cation Provisions Act (20 U.S.C. 1232g); ment to a school or preschool program based (v) shall be accessible to participating dis- $125,000,000, which additional amount shall on the number of weeks during which the be available for obligation for the period placed students and their parents for the participating displaced student attended the purpose of determining— July 1, 2006, through June 30, 2007. school or preschool program during the pre- (b) INCREASE FOR COMMUNITY-BASED JOB (I) the amount expended under this section ceding quarter; on the student’s behalf to date; and TRAINING GRANTS.—In addition to amounts (B) subject to subparagraph (C), provide (II) the amount remaining for expenditure otherwise appropriated or made available the same amount of reimbursement to each under this section on the student’s behalf; under this Act for Community-Based Job school and preschool program for each week (vi) shall be accessible to schools and pre- Training Grants, not more than an addi- of attendance by one participating displaced school programs for the purpose of facili- tional $125,000,000 may be used by the Sec- student; tating reimbursement under subsection (b); retary of Labor for such grants, from funds (C) not provide reimbursement that ex- (vii) shall support non-English speaking reserved under section 132(a)(2)(A) of the ceeds the actual cost of the school for edu- parents by providing information and reg- Workforce Investment Act of 1998, to carry cating students, or the actual cost of the istration in an understandable and uniform out such grants under section 171(d) of such preschool program, for the same period for format and, to the extent practicable, in a Act, except that the 10 percent limitation students who are not displaced students; language the parents can understand; otherwise applicable to the amount of funds (D) not provide reimbursement of more (viii) may use existing Federal grant man- that may be used to carry out section 171(d) than $6,700 on behalf of any student for the agement and electronic payment systems; shall not by applicable to funds used for 2005–2006 school year; and (ix) shall include information technology Community-Based Job Training Grants. (E) discontinue reimbursement once a dis- and other controls necessary to prevent (c) OFFSET FROM DEPARTMENTAL MANAGE- placed student returns to the school he or fraud and overpayment, including mecha- MENT.—Notwithstanding any other provision she attended prior to August 29, 2005. nisms to validate family and school informa- of this Act, the amounts appropriated under (3) USE OF FUNDS.—The Secretary may pro- tion; and title I under the heading ‘‘SALARIES AND EX- vide reimbursement under paragraph (1) on (x) shall provide technical support services PENSES’’ under the heading ‘‘DEPARTMENTAL behalf of a displaced student only if the (including support for registration and proc- MANAGEMENT’’, for management or operation school or preschool program involved essing of accounts) to the families of partici- of activities conducted by or through the Bu- agrees— pating displaced students and the schools reau of International Labor Affairs, shall be (A) to use the reimbursement for providing and preschool programs in which the stu- reduced by $125,000,000. educational and other services to the dis- dents are enrolled. placed student; and (B) PAYMENT SYSTEM.—The Secretary shall SA 2298. Mr. VITTER submitted an (B) not to use the reimbursement for the ensure that— amendment intended to be proposed by construction or renovation of facilities. (i) the payment system required to carry him to the bill H.R. 3010, making ap- (c) ACCOUNTING OF FUNDS.—The Secretary shall provide an appropriate accounting of out this section is operational not later than propriations for the Departments of 4 weeks after the date of the enactment of Labor, Health and Human Services, funds for each school or program that receives a payment on behalf of one or more this section; and and Education, and Related Agencies participating displaced students under this (ii) the first disbursements under this sec- for the fiscal year ending September 30, section. tion are made not later than 5 weeks after 2006, and for other purposes; which was (d) REGISTRATION.— the date of the enactment of this section. ordered to lie on the table; as follows: (1) IN GENERAL.—To seek to participate in (3) CONTRACTOR REQUIREMENTS.—The Sec- retary shall award the contract required by At the appropriate place, insert the fol- the program under this section, the parent of subsection (a)(3) to a nongovernmental enti- lowing: a displaced student shall sign up by means of the Internet site, toll-free telephone number, ty that— ll— TITLE FAMILY EDUCATION or paper form developed under subsection (e). (A) has experience meeting the require- REIMBURSEMENT ACCOUNT PROGRAM (2) ACCOUNT NUMBERS.—Upon completion of ments described in paragraph (2)(A); SEC. ll. SHORT TITLE. registration for the program under this sec- (B) demonstrates expertise in the develop- This title may be cited as the ‘‘Family tion— ment and operation of information tech- Education Reimbursement Act of 2005’’. (A) the displaced student shall be assigned nology infrastructures, including the manu- SEC. ll. FAMILY EDUCATION REIMBURSEMENT an account number; and facture and supply of hardware and software, ACCOUNTS. (B) the account number shall be made information management, electronic fund (a) ESTABLISHMENT.—The Secretary of Edu- available to the parent of the student. transfer payment systems, and customer re- cation, in consultation with the Secretary of (3) FAMILIES.—If a parent has more than lations management and outreach; Health and Human Services, shall— one child who is a displaced student— (C) demonstrates significant experience in (1) establish a Family Education Reim- (A) the parent shall be allowed to register the development, implementation, and tech- bursement Account Program under which, at each child under this subsection at the same nical support for payment management sys- the direction of the parent of each displaced time; and tems operated by agencies of the Federal student who signs up under subsection (d), (B) the same account number under para- Government, including the Department of the Secretary provides reimbursement to en- graph (2) shall be provided to each child. Education and the Department of Health and able the student or preschool-age child to at- (e) FERA SYSTEM DEVELOPMENT AND ES- Human Services; and tend the school or preschool program of his TABLISHMENT.— (D) is based, and operates help desk serv- or her parent’s choice during the 2005–2006 (1) IN GENERAL.—The Secretary shall de- ices, in the United States. school year; velop and implement a web-based system— (f) TRANSFERRING STUDENTS.—

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23768 CONGRESSIONAL RECORD—SENATE October 26, 2005

(1) IN GENERAL.—Subject to paragraph (2), modify the provisions of the Individuals with cation Act of 1965 (20 U.S.C. 7801)), including the Secretary shall continue to provide re- Disabilities Education Act. a religious elementary school or secondary imbursement under this section on behalf of (4) RELIGIOUSLY AFFILIATED SCHOOLS.— school, that was legally operating in the a participating displaced student who trans- (A) IN GENERAL.—Notwithstanding any State involved before September 1, 2005. fers to one or more schools or preschool pro- other provision of law, a school or preschool (7) The term ‘‘Secretary’’ means the Sec- grams during the 2005–2006 school year. program receiving reimbursement under this retary of Education, in consultation with the (2) EXCEPTION.—The Secretary shall not section that is operated by, supervised by, Secretary of Health and Human Services. provide reimbursement under this section on controlled by, or connected to, a religious or- (m) FUNDING.— behalf of a participating displaced student ganization may exercise its right in matters (1) IN GENERAL.— with respect to any school or preschool proof employment consistent with title VII of (A) APPROPRIATION.—Out of funds not oth- gram which the student attends for less than the Civil Rights Act of 1964 (42 U.S.C. 2000e– erwise appropriated, there is hereby appro- 2 consecutive weeks during the 2005–2006 1 et seq.), including the exemptions in such priated to the Secretary of Education, to school year. title. carry out this section, $2,500,000,000, to re- (g) ADDITIONAL AMOUNT FOR ADMINISTRA- (B) MAINTENANCE OF PURPOSE.—Notwith- main available through the period ending on TIVE EXPENSES.—In providing reimbursement standing any other provision of law, funds July 31, 2006. Any such funds that are not ob- to an entity under this section— made available under this section on behalf ligated by the end of such period shall revert (1) the Secretary shall include an addi- of participating displaced students that are to the Treasury. tional amount equal to 1 percent of the total received by a school or preschool program, as (B) OFFSET.—Notwithstanding any other amount of such reimbursement to the entity a result of their parents’ choice, shall not, provision of this Act, each account for which for the purpose of defraying administrative consistent with the first amendment of the amounts are appropriated under this Act and expenses; United States Constitution, necessitate any are not otherwise required by law shall be re- (2) such additional amount shall not be change in the school or program’s teaching duced by 1.76 percent. counted for purposes of the maximum reim- mission, require any school or program to re- (2) CONTRIBUTIONS.—Under such terms and bursement amount specified in subsections move religious art, icons, scriptures, or conditions as the Secretary may impose, the (b)(2)(C) and (b)(2)(D); and other symbols, or preclude any school or pro- Secretary may, for the purpose of carrying (3) of the amount specified in subsections gram from retaining religious terms in its out this section, accept and use such (b)(2)(C) and (b)(2)(D), 100 percent of such name, selecting its board members on a reli- amounts as may be contributed by individ- amount shall be made available to the school gious basis, or including religious references uals, business concerns, or other entities for or preschool program. in its mission statements and other char- such purpose. (h) PROCUREMENT.—For purposes of the tering or governing documents. contract required by subsection (a)(3), the (5) RULE OF CONSTRUCTION.—Reimburse- SA 2299. Mr. COCHRAN submitted an following provisions of Federal acquisition ment (or any other form of support provided amendment intended to be proposed by law shall not apply: on behalf of participating displaced students) (1) Title III of the Federal Property and under this section shall be considered assist- him to the bill H.R. 3010, making ap- Administrative Services Act of 1949 (41 ance to the student and shall not be consid- propriations for the Departments of U.S.C. 251 et seq.). ered assistance to the school or preschool Labor, Health and Human Services, (2) The Office of Federal Procurement Pol- program that enrolls the student. and Education, and Related Agencies icy Act (41 U.S.C. 403 et seq.). (k) REPORTS.—At the end of each quarter for the fiscal year ending September 30, (3) The Federal Acquisition Streamlining described in subsection (b)(2)(A), the Sec- 2006, and for other purposes; which was Act of 1994 (Public Law 103–355). retary shall submit a report to the appro- ordered to lie on the table; as follows: (4) The Competition in Contracting Act of priate committees of the Congress describing 1984 (Public Law 98–369). the implementation and results of the pro- At the end of title II (before the short (5) Subchapter V of chapter 35 of subtitle gram under this section. Such report shall— title), add the following: III of title 31, relating to the procurement (1) specify the number of children served, SEC. ll. ADDITIONAL PUBLIC HEALTH FUND- protest system. the percentage of funds used on instructional ING. (6) The Federal Acquisition Regulation and activities, and the percentage of funds used (a) MINORITY PUBLIC HEALTH.—In addition any laws not listed in paragraphs (1) through for supplemental educational services; and to amounts otherwise appropriated under (5) providing authority to promulgate regu- (2) include information on the mobility of this Act, there are appropriated, out of any lations in the Federal Acquisition Regula- displaced students. money in the Treasury not otherwise appro- tion. (l) DEFINITIONS.—In this section: priated, $10,000,000 for the Office of Minority (i) AUDIT.—The Secretary may provide re- (1) The term ‘‘displaced student’’ means a Health. imbursement under this section to a school student who is at least 4 years old, has not (b) SICKLE CELL DISEASE.—From amounts or program on behalf of a displaced student completed 12th grade, and would have at- appropriated under the title for the Office of only if the school or program agrees to allow tended another school or preschool program the Secretary of Health and Human Services, the Secretary to conduct an audit to review during the 2005–2006 school year, but for the such Secretary shall make available and and verify that the school or program is fact that— amount not to exceed $2,000,000 of such using the reimbursement in accordance with (A) the school, the program, or the sur- amounts to provide funding for grants under subsection (b)(3). rounding area was damaged by a Gulf hurri- paragraph (1) of section 712(c) of Public Law (j) NONDISCRIMINATION.— cane disaster; and 108–357 (42 U.S.C. 300b-1 note). (1) IN GENERAL.—The Secretary may pro- (B) the school or program could not reopen (c) OFFSET.—Notwithstanding any other vide reimbursement under this section to a shortly after the disaster. provision of this Act, amounts made avail- school or preschool program only if the (2) The term ‘‘Gulf hurricane disaster’’ able under this Act under the heading Pro- school or program agrees not to discriminate means a major disaster that was declared to gram Management for the Centers for Medi- against participating displaced students (in- exist by the President, in accordance with care and Medicaid Services shall be reduced, cluding applicants) on the basis of race, section 401 of the Robert T. Stafford Disaster on a pro rata basis, by an additional color, national origin, religion, or sex. Relief and Emergency Assistance Act (42 $12,000,000. (2) APPLICABILITY AND SINGLE SEX SCHOOLS, U.S.C. 5170), and was caused by Hurricane CLASSES, OR ACTIVITIES.— Katrina or Hurricane Rita. SA 2300. Mr. ENSIGN (for himself, (A) IN GENERAL.—Notwithstanding any (3) The term ‘‘parent’’ has the meaning Mr. WARNER and Mr. ALLEN) submitted other provision of law, the prohibition of sex given to that term in section 9101 of the Ele- discrimination in paragraph (1) shall not mentary and Secondary Education Act of an amendment intended to be proposed apply to a school or preschool program that 1965 (20 U.S.C. 7801). by him to the bill H.R. 3010, making ap- is operated by, supervised by, controlled by, (4) The term ‘‘participating displaced stu- propriations for the Departments of or connected to a religious organization to dent’’ means a displaced student partici- Labor, Health and Human Services, the extent that the application of paragraph pating in the program under this section. and Education, and Related Agencies (1) is inconsistent with the religious tenets (5) The term ‘‘preschool program’’ means a for the fiscal year ending September 30, or beliefs of the school or program. public or private program serving 4 or 5 year 2006, and for other purposes; as follows: (B) SINGLE SEX SCHOOLS, CLASSES, OR AC- old children, including any such Head Start TIVITIES.—Notwithstanding paragraph (1) or program, that is in compliance with applica- At the end of title III (before the short any other provision of law, a parent may ble State health and safety requirements. title), insert the following: choose and a school may offer a single sex (6) The term ‘‘school’’ means a public or SEC. ll. PROHIBITION REGARDING THE E-LAN- school, class, or activity. private elementary school or secondary GUAGE LEARNING SYSTEM. (3) CHILDREN WITH DISABILITIES.—Nothing school (as those terms are defined in section Notwithstanding any other provision of in this section may be construed to alter or 9101 of the Elementary and Secondary Edu- this Act, none of the funds made available

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23769 under this Act shall be used to support, de- for the fiscal year ending September 30, the States and local educational agencies re- velop, or distribute the Department of Edu- 2006, and for other purposes; which was questing a waiver of any provision under the cation’s e-Language Learning System ordered to lie on the table; as follows: Elementary and Secondary Education Act of (ELLS). 1965 (20 U.S.C. 6301 et seq.) and the Individ- At the appropriate place, insert the fol- uals with Disabilities Education Act (20 lowing: SA 2301. Mr. OBAMA (for himself, Dr. U.S.C. 1400 et seq.) due to the impact of Hur- DURBIN, Mr. KERRY, Mrs. CLINTON, Mr. TITLE ll—ELEMENTARY AND SEC- ricane Katrina to the Committee on Edu- ONDARY EDUCATION ASSISTANCE TO DODD, and Mr. CORZINE) submitted an cation and the Workforce and the Committee STUDENTS AND SCHOOLS IMPACTED BY on Appropriations of the House of Represent- amendment intended to be proposed by HURRICANE KATRINA him to the bill H.R. 3010, making ap- atives and the Committee on Health, Edu- SEC. ll. SHORT TITLE. cation, Labor, and Pensions and the Com- propriations for the Departments of This title may be cited as the ‘‘Hurricane mittee on Appropriations of the Senate. Labor, Health and Human Services, Katrina Elementary and Secondary Edu- SEC. ll. PROVIDING ADDITIONAL SUPPORT FOR and Education, and Related Agencies cation Recovery Act’’. STUDENTS AFFECTED BY HURRI- for the fiscal year ending September 30, SEC. ll. FINDINGS. CANE KATRINA. 2006, and for other purposes; which was Congress finds the following: (a) GRANTS TO STATES AUTHORIZED.—From ordered to lie on the table; as follows: (1) Hurricane Katrina has had a dev- amounts appropriated under subsection (g), astating and unprecedented impact on stu- At the end of title III (before the short the Secretary of Education is authorized to dents who attended schools in the disaster title), insert the following: make grants to States for assistance to eligi- areas. ble local educational agencies to enable the SEC. lll. THURGOOD MARSHALL LEGAL EDU- (2) Due to the devastating effects of Hurri- CATIONAL OPPORTUNITY PROGRAM agencies to provide services, programs, and AND POSITIVE BEHAVIORAL INTER- cane Katrina, a significant number of stu- activities as described in subsection (c). dents have enrolled in schools outside of the VENTIONS AND SUPPORTS. (b) STATE APPLICATIONS.—A State that de- (a) INCREASES.—In addition to amounts area in which they resided on August 22, 2005, sires to receive a grant under this section otherwise appropriated under this Act, there including a significant number of students shall submit an application to the Secretary is appropriated, out of any money in the who enrolled in non-public schools because of Education at such time, in such manner, Treasury not otherwise appropriated, an ad- their parents chose to enroll them in such and accompanied by such information as the ditional $3,500,000 for subpart 3 of part A of schools. Secretary may reasonably require. (3) 372,000 students were displaced by Hur- title VII of the Higher Education Act of 1965 (c) ASSISTANCE TO LOCAL EDUCATIONAL ricane Katrina. Approximately 700 schools (20 U.S.C. 1136 et seq.), and an additional AGENCIES.—A State that receives a grant have been damaged or destroyed. Nine States $1,000,000 to the Office of Special Education under subsection (a) shall use the funds made each have more than 1,000 of such displaced Programs of the Department of Education available through the grant to provide as- students enrolled in their schools. In Texas for the expansion of positive behavioral sistance to eligible local educational agen- alone, over 45,000 displaced students have en- interventions and supports. cies to enable such agencies to provide, to rolled in schools. (b) OFFSET FROM CONSULTING EXPENSES.— students displaced by Hurricane Katrina or (4) In response to these extraordinary con- (1) Notwithstanding any other provision of students attending a school in an area de- ditions, this title creates a one-time only this Act, each amount provided by this Act scribed in subsection (f)(1)— emergency grant for the 2005–2006 school for consulting expenses for the Department (1) supplemental educational services con- year tailored to the needs and particular cir- of Health and Human Services shall be re- sistent with the definitions, criteria, and cumstances of students displaced by Hurri- duced by the pro rata percentage required to amounts established under section 1116(e) of cane Katrina. reduce the total amount provided by this Act the Elementary and Secondary Education (5) The level and type of assistance pro- for such expenses by $4,500,000. Act of 1965 (20 U.S.C. 6316(e)); or vided under this title, both for students at- (2) Not later than 30 days after the date of (2) additional programs and activities tending public schools and students attend- enactment of this Act, the Director of the under part B of title IV of the Elementary ing non-public schools, is being authorized Office of Management and Budget shall sub- and Secondary Education Act of 1965 (20 solely because of the unprecedented nature mit to the Committee on Appropriations of U.S.C. 7171 et seq.) relating to 21st century of the crisis, the massive dislocation of stu- the House of Representatives and the Com- community learning centers. mittee on Appropriations of the Senate a dents, and the short duration of assistance. (d) LOCAL APPLICATIONS.—An eligible local SEC. ll. WAIVERS AND OTHER ACTIONS. listing of the amounts by account of the re- educational agency that desires to receive (a) CURRENT WAIVER AND OTHER AUTHOR- ductions made pursuant to paragraph (1). assistance under this section from a State (c) REPORT ON THURGOOD MARSHALL LEGAL ITY.—The Secretary of Education is encour- shall submit an application to the State at EDUCATIONAL OPPORTUNITY PROGRAM.—Not aged to exercise the maximum waiver au- such time, in such manner, and accompanied later than September 30, 2006, the Secretary thority available or exercise other actions by such information as the State may rea- of Education shall prepare and submit to for States, local educational agencies, and sonably require. Congress a report on the evaluation data re- schools affected by Hurricane Katrina with garding the educational and professional per- respect to the waiver authority or authoriza- (e) INTERACTION WITH THE ESEA.—An eligi- formance of individuals who have partici- tion of actions provided under the following ble local educational agency providing serv- pated, during fiscal year 2006 or any pre- provisions of the Elementary and Secondary ices described in subsection (c)(1) may pro- ceding year, in the program under subpart 3 Education Act of 1965 (20 U.S.C. 6301 et seq.): vide such services to a student displaced by of part A of title VII of the Higher Education (1) Section 1111(b)(3)(C)(vii) of such Act (20 Hurricane Katrina regardless of the status of Act of 1965 (20 U.S.C. 1136 et seq.). U.S.C. 6311(b)(3)(C)(vii)). the school under section 1116(b) of the Ele- (2) Section 1111(b)(7) of such Act (20 U.S.C. mentary and Secondary Education Act of SA 2302. Mr. SESSIONS submitted an 6311(b)(7)). 1965 (20 U.S.C. 6316(b)) that such student at- amendment intended to be proposed by (3) Section 1111(c)(1) of such Act (20 U.S.C. tends. him to the bill H.R. 3010, making ap- 6311(c)(1)). (f) DEFINITION OF ELIGIBLE LOCAL EDU- CATIONAL AGENCY.—In this section, the term propriations for the Departments of (4) Section 1111(h)(2)(A)(i) of such Act (20 U.S.C. 6311(h)(2)(A)(i)). ‘‘eligible local educational agency’’ means— Labor, Health and Human Services, (5) Section 1116(b)(7)(D) of such Act (20 (1) a local educational agency in an area in and Education, and Related Agencies U.S.C. 6316(b)(7)(D)). which a major disaster has been declared in for the fiscal year ending September 30, (6) Section 1116(c)(10)(F) of such Act (20 accordance with section 401 of the Robert T. 2006, and for other purposes; which was U.S.C. 6316(c)(10)(F)). Stafford Disaster Relief and Emergency As- ordered to lie on the table; as follows: (7) Section 1125A(e)(3) of such Act (20 sistance Act (42 U.S.C. 5170) related to Hurri- cane Katrina; or On page 182, beginning on line 4, strike ‘‘, U.S.C. 6337(e)(3)). (2) a local educational agency that enrolls and $1,250,000 shall be for a grant to the Uni- (8) Section 3122(a)(3)(B) of such Act (20 a student displaced from an area where a versity of Hawaii School of Law for a Center U.S.C. 6842(a)(3)(B)). major disaster has been declared in accord- of Excellence in Native Hawaiian law’’. (9) Section 5141(c) of such Act (20 U.S.C. 7217(c)). ance with section 401 of the Robert T. Staf- Mr. ALEXANDER submitted (10) Section 7118(c)(3)(A) of such Act (20 ford Disaster Relief and Emergency Assist- SA 2303. ance Act (42 U.S.C. 5170) related to Hurricane an amendment intended to be proposed U.S.C. 7428(c)(3)(A)). (11) Section 9521(c) of such Act (20 U.S.C. Katrina. by him to the bill H.R. 3010, making ap- 7901(c)). (g) AUTHORIZATION OF APPROPRIATIONS.— propriations for the Departments of (b) REPORT ON WAIVERS.—Not later than There is authorized to be appropriated to Labor, Health and Human Services, December 31, 2005, the Secretary of Edu- carry out this section $100,000,000 for fiscal and Education, and Related Agencies cation shall prepare and submit a report on year 2006.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23770 CONGRESSIONAL RECORD—SENATE October 26, 2005 SEC. ll. IMMEDIATE AID TO RESTART SCHOOL (I) such other activities related to the pur- on or before August 22, 2005, in the State in OPERATIONS. pose of this section that are approved by the which such teacher resided on August 22, (a) PURPOSE.—It is the purpose of this sec- Secretary. 2005. tion— (2) USE WITH OTHER AVAILABLE FUNDS.—A (2) PARAPROFESSIONAL.— (1) to provide immediate and direct assist- local educational agency receiving a grant (A) AFFECTED PARAPROFESSIONAL.—In this ance to local educational agencies in Lou- under this section may use the grant funds subsection, the term ‘‘affected paraprofes- isiana, Mississippi, and Alabama that serve in coordination with other Federal, State, or sional’’ means a paraprofessional who is dis- an area in which a major disaster has been local funds available for the activities de- placed due to Hurricane Katrina and relo- declared in accordance with section 401 of scribed in paragraph (1). cates to a State that is different from the the Robert T. Stafford Disaster Relief and (3) PROHIBITIONS.—Grant funds received State in which such paraprofessional resided Emergency Assistance Act (42 U.S.C. 5170), under this section shall not be used for any on August 22, 2005. related to Hurricane Katrina; of the following: (B) IN GENERAL.—A local educational agen- (2) to assist school district administrators (A) Construction or major renovation of cy may consider an affected paraprofessional and personnel of such agencies who are schools. hired by such agency who does not satisfy working to restart operations in elementary (B) Payments to school administrators or the requirements of section 1119(c) of the El- schools and secondary schools served by such teachers who are not actively engaged in re- ementary and Secondary Education Act of agencies; and starting or re-opening schools. 1965 (20 U.S.C. 6319(c)) in the State in which (3) to facilitate the re-opening of elemen- (f) SUPPLEMENT NOT SUPPLANT.— such agency is located to satisfy such retary schools and secondary schools served by (1) IN GENERAL.—Except as provided in quirements, for purposes of such section, for such agencies and the re-enrollment of stu- paragraph (2), funds made available under a period not to exceed 1 year, if such para- dents in such schools as soon as possible. this section shall be used to supplement, not professional satisfied such requirements on (b) PAYMENTS AND GRANTS AUTHORIZED.— supplant, any funds made available through or before August 22, 2005, in the State in From amounts appropriated to carry out the Federal Emergency Management Agency which such paraprofessional resided on Au- this section, the Secretary of Education is or through a State. gust 22, 2005. authorized to make payments, not later than (2) EXCEPTION.—Paragraph (1) shall not (b) DELAY.—The Secretary of Education November 30, 2005, to State educational prohibit the provision of Federal assistance may delay, for a period not to exceed 1 year, agencies (as defined in section 9101 of the El- under this section to an eligible educational applicability of the requirements of para- ementary and Secondary Education Act of agency that is or may be entitled to receive, graphs (2) and (3) of section 1119(a) of the El- 1965 (20 U.S.C. 7801 et seq.)) in Louisiana, from another source, benefits for the same ementary and Secondary Education Act of Mississippi, and Alabama to enable such purposes as under this section if— 1965 (20 U.S.C. 6319(a)(2) and (3)) and section agencies to award grants to local edu- (A) such agency has not received such 612(a)(14)(C) of the Individuals with Disabil- cational agencies serving an area in which a other benefits by the time of application for ities Education Act (20 U.S.C. 1412(a)(14)(C)) major disaster has been declared in accord- Federal assistance under this section; and with respect to the States of Alabama, Lou- ance with section 401 of the Robert T. Staf- (B) such agency agrees to repay all dupli- isiana, and Mississippi (and local educational ford Disaster Relief and Emergency Assist- cative Federal assistance received to carry agencies within the jurisdiction of such ance Act (42 U.S.C. 5170), related to Hurri- out the purposes of this section. States), if any such State or local edu- cane Katrina. (g) AUTHORIZATION OF APPROPRIATIONS.— cational agency demonstrates that a failure (c) ELIGIBILITY AND CONSIDERATION.—In de- There is authorized to be appropriated to to comply with such requirements is due to termining whether to award a grant under carry out this section $900,000,000 for fiscal exceptional or uncontrollable circumstances, this section, or the amount of the grant, the year 2006. such as a natural disaster or a precipitous State educational agency shall consider the SEC. ll. HOLD HARMLESS FOR LOCAL EDU- and unforeseen decline in the financial re- following: CATIONAL AGENCIES SERVING sources of local educational agencies within (1) The number of school-aged children MAJOR DISASTER AREAS. the State. served by the local educational agency in the In the case of a local educational agency SEC. ll. ASSISTANCE FOR HOMELESS YOUTH. academic year preceding the academic year that serves an area in which the President (a) IN GENERAL.—The Secretary of Edu- for which the grant is awarded. has declared that a major disaster exists in cation shall provide assistance to local edu- (2) The severity of the impact of Hurricane accordance with section 401 of the Robert T. cational agencies serving homeless children Katrina on the local educational agency and Stafford Disaster Relief and Emergency As- and youths displaced by Hurricane Katrina, the extent of the needs in each local edu- sistance Act (42 U.S.C. 5170), related to Hur- consistent with section 723 of the McKinney- cational agency in Louisiana, Mississippi, ricane Katrina, the amount made available Vento Homeless Assistance Act (42 U.S.C. and Alabama that is in an area in which a for such local educational agency under each 11433), including identification, enrollment major disaster has been declared in accord- of sections 1124, 1124A, 1125, and 1125A of the assistance, assessment and school placement ance with section 401 of the Robert T. Staf- Elementary and Secondary Education Act of assistance, transportation, coordination of ford Disaster Relief and Emergency Assist- 1965 (20 U.S.C. 6333, 6334, 6335, and 6337) for school services, supplies, referrals for health, ance Act (42 U.S.C. 5170), related to Hurri- fiscal year 2006 shall be not less than the mental health, and other needs. cane Katrina. amount made available for such local edu- (b) EXCEPTION AND DISTRIBUTION OF (d) APPLICATIONS.—Each local educational cational agency under each of such sections FUNDS.— agency desiring a grant under this section for fiscal year 2005. (1) EXCEPTION.—For purposes of providing shall submit an application to the State edu- SEC. ll. TEACHER AND PARAPROFESSIONAL assistance under subsection (a), subsections cational agency at such time, in such man- RECIPROCITY; DELAY. (c) and (e)(1) of section 722 and subsections ner, and accompanied by such information as (a) TEACHER AND PARAPROFESSIONAL RECI- (b) and (c) of section 723 of the McKinney- the State educational agency may reason- PROCITY.— Vento Homeless Assistance Act (42 U.S.C. ably require to ensure expedited and timely (1) TEACHERS.— 11432(c) and (e)(1), 11433(b) and (c)) shall not payment to the local educational agency. (A) AFFECTED TEACHER.—In this sub- apply. (e) USES OF FUNDS.— section, the term ‘‘affected teacher’’ means a (2) DISBURSEMENT.—The Secretary of Edu- (1) IN GENERAL.—A local educational agen- teacher who is displaced due to Hurricane cation shall disburse funding provided under cy receiving a grant under this section shall Katrina and relocates to a State that is dif- subsection (a) to State educational agencies use the grant funds for— ferent from the State in which such teacher based on demonstrated need, as determined (A) recovery of student and personnel data, resided on August 22, 2005. by the Secretary, and such State educational and other electronic information; (B) IN GENERAL.—A local educational agen- agencies shall distribute funds available (B) replacement of school district informa- cy may consider an affected teacher hired by under subsection (c) to local educational tion systems, including hardware and soft- such agency who is not highly qualified in agencies based on demonstrated need, for the ware; the State in which such agency is located to purposes of carrying out section 723 of the (C) financial operations; be highly qualified, for purposes of section McKinney-Vento Homeless Assistance Act (D) reasonable transportation costs; 1119 of the Elementary and Secondary Edu- (42 U.S.C. 11433). (E) rental of mobile educational units and cation Act of 1965 (20 U.S.C. 6319) and section (c) AUTHORIZATION OF APPROPRIATIONS.— leasing of neutral sites or spaces; 612(a)(14) of the Individuals with Disabilities There are authorized to be appropriated to (F) initial replacement of instructional Education Act (20 U.S.C. 1412(a)(14)), for a pe- carry out this section $50,000,000. materials and equipment, including text- riod not to exceed 1 year, if such teacher was SEC. ll. ALTERNATIVE EDUCATION PROGRAMS books; highly qualified, consistent with section FOR DISPLACED ADOLESCENT STU- (G) redeveloping instructional plans, in- 9101(23) of the Elementary and Secondary DENTS. cluding curriculum development; Education Act of 1965 (20 U.S.C. 7801(23)) and (a) DEFINITIONS.—In this section: (H) initiating and maintaining education section 602(10) of the Individuals with Dis- (1) ALTERNATIVE EDUCATION PROGRAM.—The and support services; and abilities Education Act (20 U.S.C. 1401(10)), term ‘‘alternative education program’’

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23771 means a transitional program that provides imum, the Governor shall require an entity agency’’ means a local educational agency displaced adolescent students with— that desires to carry out an alternative edu- that serves— (A) instruction in reading, mathematics, cation program in an area in which another (A) an elementary school or secondary writing, study skills, and other relevant sub- organization is carrying out an alternative school (including a charter school) in which jects; education program to provide an assurance there is enrolled a displaced student; or (B) counseling; that the entity will coordinate activities (B) an area in which there is located an eli- (C) tutoring; carried out under its program with the ac- gible non-public school. (D) activities designed to familiarize the tivities carried out by the organization (3) ELIGIBLE NON-PUBLIC SCHOOL.—The term displaced adolescent students with the range under its program ‘‘eligible non-public school’’ means a non- of career options available to the students; (f) USES OF FUNDS.—An eligible entity that public school that— (E) mentoring; receives assistance under this section shall (A) is accredited or licensed or otherwise (F) test preparation for college entrance use the assistance to carry out an alter- operates in accordance with State law; examinations, including the PSAT, SAT, and native education program that meets the (B) was in existence on August 22, 2005; and ACT; needs of displaced adolescent students, in- (C) serves a displaced student on behalf of (G) counseling on the financial aid avail- cluding the staffing, curricular materials, whom an application for an account has been able for postsecondary education; or and other programmatic costs needed to made pursuant to subsection (c)(2)(A)(ii). (H) job readiness skills and career and carry out the alternative education program. (4) ELIGIBLE BIA-FUNDED SCHOOL.—In this technical education. (g) AUTHORIZATION OF APPROPRIATIONS.— section, the term ‘‘eligible BIA-funded (2) DISPLACED ADOLESCENT STUDENT.—The There are authorized to be appropriated to school’’ means a school funded by the Bureau term ‘‘displaced adolescent student’’ means a carry out this section such sums as may be of Indian Affairs in which there is enrolled a secondary school student who— necessary for fiscal year 2006. displaced student. (A) resides or resided on August 22, 2005, in SEC. ll. GENERAL PROVISION. (c) APPLICATION.— an area for which a major disaster has been Nothing in the previous 9 sections of this (1) STATE EDUCATIONAL AGENCY.—A State declared in accordance with section 401 of title shall be construed to permit discrimi- educational agency that desires to receive the Robert T. Stafford Disaster Relief and nation on the basis of race, color, religion, emergency impact aid under this section Emergency Assistance Act (42 U.S.C. 5170), sex (except as otherwise permitted under shall submit an application to the Secretary related to Hurricane Katrina; title IX of the Education Amendments of of Education at such time, in such manner, and accompanied by such information as the (B) cannot continue enrollment in a sec- 1972 (20 U.S.C. 1681 et seq.)), national origin, Secretary of Education may reasonably re- ondary school because of Hurricane Katrina; or disability in any program funded under quire, including— and such sections. (A) information on the total displaced stu- (C) is expected to obtain a secondary SEC. ll. TEMPORARY EMERGENCY IMPACT AID dent child count of the State provided by eli- school diploma by the end of the 2006–2007 FOR DISPLACED STUDENTS. gible local educational agencies in the State school year. (a) TEMPORARY EMERGENCY IMPACT AID AU- and eligible BIA-funded schools in the State (3) ELIGIBLE ENTITY.—The term ‘‘eligible THORIZED.— under paragraph (2); entity’’ means a State educational agency, (1) AID TO STATE EDUCATIONAL AGENCIES.— (B) a description of the process for the par- local educational agency, or consortium of From amounts appropriated under sub- ent or guardian of a displaced student en- such agencies, located in an area in which a section (o), the Secretary of Education shall rolled in a non-public school to indicate to major disaster has been declared in accord- provide emergency impact aid to State edu- the eligible local educational agency serving ance with section 401 of the Robert T. Staf- cational agencies to enable the State edu- the area in which such school is located that ford Disaster Relief and Emergency Assist- cational agencies to make emergency impact the student is enrolled in such school; ance Act (42 U.S.C. 5170) related to Hurricane aid payments to eligible local educational (C) a description of the procedure to be Katrina, that— agencies and eligible BIA-funded schools to used by an eligible local educational agency (A) demonstrates a need for additional enable— in such State to provide payments to ac- funds in order to provide an alternative edu- (A) such eligible local educational agencies counts; cation program to displaced adolescent stu- and schools to provide for the instruction of (D) a description of the process to be used dents; and displaced students served by such agencies by an eligible local educational agency in (B) has the ability to administer the alter- and schools; and such State to obtain— native education program and to serve dis- (B) such eligible local educational agencies (i) attestations of attendance of eligible placed adolescent students. to make immediate impact aid payments to displaced students from eligible non-public (4) SECRETARY.—The term ‘‘Secretary’’ accounts established on behalf of displaced schools, in order for the local educational means the Secretary of Education. students (referred to in this section as ‘‘ac- agency to provide payments to accounts on (b) PROGRAM AUTHORIZED.—From amounts counts’’) who are attending eligible non-pub- behalf of eligible displaced students; and appropriated under this section for fiscal lic schools located in the areas served by the (ii) attestations from eligible non-public year 2006, the Secretary shall award grants eligible local educational agencies. schools that accounts are used only for the to States for assistance to eligible entities to (2) AID TO LOCAL EDUCATIONAL AGENCIES purposes described in subsection (e)(2)(A); enable the entities to develop and carry out AND BIA-FUNDED SCHOOLS.—A State edu- and alternative education programs for displaced cational agency shall make emergency im- (E) the criteria, including family income, adolescent students. pact aid payments to eligible local edu- used to determine the eligibility for and the (c) STATE APPLICATIONS.—A State desiring cational agencies and eligible BIA-funded amount of assistance under this section pro- a grant under this section shall submit an schools in accordance with subsection (d). vided on behalf of a displaced student attend- application to the Secretary at such time, in (3) STATE EDUCATIONAL AGENCIES IN CERTAIN ing an eligible non-public school. such manner, and containing such informa- STATES.—In the case of the States of Lou- (2) LOCAL EDUCATIONAL AGENCIES AND BIA- tion as the Secretary may require. isiana and Mississippi, the State educational FUNDED SCHOOLS.—An eligible local edu- (d) ASSISTANCE TO ELIGIBLE ENTITIES.— agency shall carry out the activities of eligi- cational agency or eligible BIA-funded (1) IN GENERAL.—A State that receives a ble local educational agencies that are un- school that desires an emergency impact aid grant under this section may use the funds able to carry out this section, including eli- payment under this section shall submit an made available through the grant to provide gible local educational agencies in such application to the State educational agency assistance to eligible entities to enable the States for which the State exercises the au- at such time, in such manner, and accom- eligible entities to develop and carry out al- thorities normally exercised by such local panied by such information as the State edu- ternative education programs for displaced educational agencies. cational agency may reasonably require, in- adolescent students. (b) DEFINITIONS.—In this section: cluding documentation submitted quarterly (2) PARTNERSHIPS.—An eligible entity may (1) DISPLACED STUDENT.—The term ‘‘dis- for the 2005-2006 school year that indicates apply for assistance under this section in placed student’’ means a student who en- the following: partnership with 1 or more community-based rolled in a school (other than the school that (A) In the case of an eligible local edu- organizations or institutions of higher edu- the student was enrolled in, or was eligible cational agency— cation (as such term is defined in section 101 to be enrolled in, on August 22, 2005) because (i) the number of displaced students en- of the Higher Education Act of 1965 (20 U.S.C. such student resides or resided on August 22, rolled in the elementary schools and sec- 1001)), or both. 2005, in an area for which a major disaster ondary schools (including charter schools (e) LOCAL APPLICATIONS.—An eligible enti- has been declared in accordance with section and including the number of displaced stu- ty desiring assistance under this section 401 of the Robert T. Stafford Disaster Relief dents who are served under part B of the In- from a State shall submit an application to and Emergency Assistance Act (42 U.S.C. dividuals with Disabilities Education Act) the Governor of the State at such time, in 5170), related to Hurricane Katrina. served by such agency for such quarter; and such manner, and containing such informa- (2) ELIGIBLE LOCAL EDUCATIONAL AGEN- (ii) the number of displaced students for tion as the Governor may require. At a min- CIES.—The term ‘‘eligible local educational whom the eligible local educational agency

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23772 CONGRESSIONAL RECORD—SENATE October 26, 2005 expects to provide payments to accounts uals with Disabilities Education Act (20 student who meets the criteria described in under subsection (e)(2) (including the num- U.S.C. 1411 et seq.)) reported by the eligible subsection (c)(2)(A)(ii) and who enrolled in a ber of displaced students who are served local educational agency or eligible BIA- non-public school in an area served by the under part B of the Individuals with Disabil- funded school for such quarter (as deter- agency, use such emergency impact aid pay- ities Education Act) for such quarter who mined under subsection (c)(2)) times $6,000; ment to provide payment on a quarterly meet the following criteria: and basis (but not to exceed the total amount (I) The displaced student enrolled in an eli- (II) the number of displaced students who specified in subsection (d)(2)(B) for the 2005– gible non-public school prior to the date of are served under part B of the Individuals 2006 school year) to an account on behalf of enactment of this title. with Disabilities Education Act (20 U.S.C. such displaced student, which payment shall (II) The parent or guardian of the displaced 1411 et seq.) reported by the eligible local be used to assist in paying for any of the fol- student chose to enroll the student in the el- educational agency or eligible BIA-funded lowing: igible non-public school in which the student school for such quarter (as determined under (i) Paying the compensation of personnel, is enrolled. subsection (c)(2)) times $7,500. including teacher aides, in the non-public (III) The parent or guardian of the dis- (iii) TIMELINE.—The Secretary of Edu- school, which funds shall not be used for reli- placed student submitted an application re- cation shall establish a timeline for quar- gious instruction, proselytization, or wor- questing that the agency make a payment to terly reporting on the number of displaced ship. an account on behalf of the student. students in order to make the appropriate (ii) Identifying and acquiring curricular (IV) The displaced student’s tuition and disbursements in a timely manner. material, including the costs of providing ad- fees (and transportation expenses, if any) for (iv) INSUFFICIENT FUNDS.—If, for any quar- ditional classroom supplies (which shall be the 2005–2006 school year is waived or reim- ter, the amount available under this section secular, neutral, and shall not have a reli- bursed (by the eligible non-public school) in to make payments under this subsection is gious component), and mobile educational an amount that is not less than the amount insufficient to pay the full amount that an units and leasing sites or spaces, which shall of emergency impact aid payment provided eligible local educational agency or eligible not be used for religious instruction, pros- on behalf of such student under this section. BIA-funded school is eligible to receive elytization, or worship. (B) In the case of an eligible BIA-funded under this section, the State educational (iii) Basic instructional services, including school, the number of displaced students, in- agency shall ratably reduce the amount of tutoring, mentoring, or academic coun- cluding the number of displaced students such payments. seling, which services shall be secular and who are served under part B of the Individ- (B) MAXIMUM PAYMENT TO ACCOUNT.—In neutral and shall not be used for religious in- uals with Disabilities Education Act (20 providing quarterly payments to an account struction, proselytization, or worship. U.S.C. 1411 et seq.), enrolled in such school for the 2005–2006 school year on behalf of a (iv) Reasonable transportation costs. for such quarter. displaced student for each quarter that such (v) Health services (including counseling (3) DETERMINATION OF NUMBER OF DIS- student is enrolled in a non-public school in and mental health services), which services PLACED STUDENTS.—In determining the num- the area served by the agency under sub- shall be secular and neutral and shall not be ber of displaced students for a quarter under section (e)(2), an eligible local educational used for religious instruction, proselytiza- paragraph (2), an eligible local educational agency may provide not more than 4 quar- tion, or worship. agency or eligible BIA-funded school shall terly payments to such account, and the ag- (vi) Education and support services, which include in such number the number of dis- gregate amount of such payments shall not services shall be secular and neutral and placed students served during such quarter exceed the lesser of— shall not be used for religious instruction, prior to the date of enactment of this title. (i)(I) in the case of a displaced student who proselytization, or worship. (d) AMOUNT OF EMERGENCY IMPACT AID.— is not served under part B of the Individuals (B) VERIFICATION OF ENROLLMENT.—Before (1) AID TO STATE EDUCATIONAL AGENCIES.— with Disabilities Education Act (20 U.S.C. providing a quarterly payment to an account (A) IN GENERAL.—The amount of emergency impact aid received by a State edu- 1411 et seq.), $6,000; or under subparagraph (A), the eligible local cational agency for the 2005–2006 school year (II) in the case of a displaced student who educational agency shall verify with the par- shall equal the sum of— is served under part B of the Individuals with ent or guardian of a displaced student that (i) the product of the number of displaced Disabilities Education Act, $7,500; or such displaced student is enrolled in the non- students (who are not served under part B of (ii) the cost of tuition and fees (and trans- public school. the Individuals with Disabilities Education portation expenses, if any) at the non-public (3) PROVISION OF SPECIAL EDUCATION AND Act (20 U.S.C. 1411 et seq.)), as determined by school for the 2005-2006 school year. RELATED SERVICES.— the eligible local educational agencies and (e) USE OF FUNDS.— (A) IN GENERAL.—In the case of a displaced eligible BIA-funded schools in the State (1) DISPLACED STUDENTS IN PUBLIC student who is served under part B of the In- under subsection (c)(2), times $6,000; and SCHOOLS.—An eligible local educational dividuals with Disabilities Education Act (20 (ii) the product of the number of displaced agency or eligible BIA-funded school receiv- U.S.C. 1411 et seq.), any payment made on be- students who are served under part B of the ing emergency impact aid payments under half of such student to an eligible local edu- Individuals with Disabilities Education Act, this section shall use the payments to pro- cational agency or any payment available in as determined by the eligible local edu- vide instructional opportunities for dis- an account for such student, shall be used to cational agencies and eligible BIA-funded placed students who enroll in elementary pay the cost of providing the student with schools in the State under subsection (c)(2), schools and secondary schools (including special education and related services con- times $7,500. charter schools) served by such agency or in sistent with the Individuals with Disabilities (B) INSUFFICIENT FUNDS.—If the amount such a school, and for other expenses in- Education Act (20 U.S.C. 1400 et seq.). available under this section to provide emer- curred as a result of the agency or school (B) SPECIAL RULE.— gency impact aid under this subsection is in- serving displaced students, which uses may (i) RETENTION.—Notwithstanding any other sufficient to pay the full amount that a include— provision of this section, if an eligible local State educational agency is eligible to re- (A) paying the compensation of personnel, educational agency provides services to a ceive under this section, the Secretary of including teacher aides, in schools enrolling displaced student attending an eligible non- Education shall ratably reduce the amount displaced students; public school under section 612(a)(10) of the of such emergency impact aid. (B) identifying and acquiring curricular Individuals with Disabilities Education Act (2) AID TO ELIGIBLE LOCAL EDUCATIONAL material, including the costs of providing ad- (20 U.S.C. 1412(a)(10)), the eligible local edu- AGENCIES AND ELIGIBLE BIA-FUNDED ditional classroom supplies, and mobile educational agency may retain a portion of the SCHOOLS.— cational units and leasing sites or spaces; assistance received under this section for (A) QUARTERLY INSTALLMENTS.— (C) basic instructional services for such such student to pay the cost of providing (i) IN GENERAL.—A State educational agen- students, including tutoring, mentoring, or such services. cy shall provide emergency impact aid pay- academic counseling; (ii) DETERMINATION OF PORTION.— ments under this section on a quarterly basis (D) reasonable transportation costs; (I) GUIDELINES.—Each State shall issue for the 2005-2006 school year by such dates as (E) health services (including counseling guidelines that specify the portion of the as- determined by the Secretary of Education. and mental health services); and sistance that an eligible local educational Such quarterly installment payments shall (F) education and support services. agency in the State may retain under this be based on the number of displaced students (2) DISPLACED STUDENTS IN NON-PUBLIC subparagraph. Each State shall apply such reported under subsection (c)(2) and in the SCHOOLS.— guidelines in a consistent manner through- amount determined under clause (ii). (A) IN GENERAL.—An eligible local edu- out the State. (ii) PAYMENT AMOUNT.—Each quarterly in- cational agency that receives emergency im- (II) DETERMINATION OF PORTION.—The por- stallment payment under clause (i) shall pact aid payments under this section and tion specified in the guidelines shall be based equal 25 percent of the sum of— that serves an area in which there is located on customary costs of providing services (I) the number of displaced students (who an eligible non-public school shall, at the re- under such section 612(a)(10) for the local are not served under part B of the Individ- quest of the parent or guardian of a displaced educational agency.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23773

(C) DEFINITIONS.—In this paragraph: half of displaced students attending an eligi- and Ms. MURKOWSKI) submitted an (i) SPECIAL EDUCATION; RELATED SERV- ble non-public school in the area served by amendment intended to be proposed by ICES.—The terms ‘‘special education’’ and such agency. For a State in which State law him to the bill H.R. 3010, making ap- ‘‘related services’’ have the meaning given prohibits the State from using Federal funds propriations for the Departments of such terms in section 602 of the Individuals to directly provide services on behalf of stu- with Disabilities Education Act (20 U.S.C. dents attending non-public schools and pro- Labor, Health and Human Services, 1401). vides that another entity shall provide such and Education, and Related Agencies (ii) INDIVIDUALIZED EDUCATION PROGRAM.— services, the Secretary of Education shall for the fiscal year ending September 30, The term ‘‘individualized education pro- make such arrangements with that entity. 2006, and for other purposes; which was gram’’ has the meaning given the term in (m) NONDISCRIMINATION.— ordered to lie on the table; as follows: section 614(d)(2) of the Individuals with Dis- (1) IN GENERAL.—A school that enrolls a At the end of title III (before the short abilities Education Act (20 U.S.C. 1414(d)(2)). displaced student under this section shall title), add the following: not discriminate against students on the (f) RETURN OF AID.— SEC. ll.(a) In addition to amounts other- (1) ELIGIBLE LOCAL EDUCATIONAL AGENCY OR basis of race, color, national origin, religion, wise appropriated under this Act, there are ELIGIBLE BIA-FUNDED SCHOOL.—An eligible disability, or sex. appropriated, out of any money in the Treas- local educational agency or eligible BIA- (2) APPLICABILITY AND SINGLE SEX SCHOOLS, ury not otherwise appropriated, $408,000,000 funded school that receives an emergency CLASSES, OR ACTIVITIES.— to carry out part B of the Individuals with impact aid payment under this section shall (A) IN GENERAL.—To the extent consistent Disabilities Education Act (20 U.S.C. 1411 et return to the State educational agency any with title IX of the Education Amendments seq.). payment provided to the eligible local edu- of 1972 (20 U.S.C. 1681 et seq.), the prohibition (b) Notwithstanding any other provision of cational agency or school under this section of sex discrimination in paragraph (1) shall this Act, amounts appropriated under this that the eligible local educational agency or not apply to a non-public school that is con- Act for discretionary programs (other than school has not obligated by the end of the trolled by a religious organization if the ap- programs under title I of the Elementary and 2005–2006 school year in accordance with this plication of paragraph (1) would not be con- Secondary Education Act of 1965 (20 U.S.C. section. sistent with the religious tenets of such or- 6301 et seq.) and programs under the Individ- (2) STATE EDUCATIONAL AGENCY.—A State ganization. uals with Disabilities Education Act (20 educational agency that receives emergency (B) SINGLE SEX SCHOOLS, CLASSES, OR AC- U.S.C. 1400 et seq.)) shall be reduced, on a pro impact aid under this section, shall return to TIVITIES.—Notwithstanding paragraph (1) and rata basis, by $408,000,000. the Secretary of Education— to the extent consistent with title IX of the (A) any aid provided to the agency under Education Amendments of 1972, a parent or SA 2305. Mr. ALEXANDER submitted this section that the agency has not obli- guardian may choose and a non-public school an amendment intended to be proposed may offer a single sex school, class, or activ- gated by the end of the 2005–2006 school year by him to the bill H.R. 3010, making ap- in accordance with this section; and ity. (B) any payment funds returned to the (C) ENROLLMENT.—The prohibition of reli- propriations for the Departments of State educational agency under paragraph gious discrimination in paragraph (1) shall Labor, Health and Human Services, (1). not apply with regard to enrollment for a and Education, and Related Agencies (g) LIMITATION ON USE OF AID AND PAY- non-public school that is controlled by a reli- for the fiscal year ending September 30, MENTS.—Aid and payments provided under gious organization, except in the case of the 2006, and for other purposes; which was this section shall only be used for expenses enrollment of displaced students assisted ordered to lie on the table; as follows: incurred during the 2005–2006 school year. under this section. At the end of title III (before the short (h) ADMINISTRATIVE EXPENSES.—A State (3) GENERAL PROVISION.—Nothing in this title), add the following: educational agency that receives emergency section may be construed to alter or modify SEC. ll.(a) There are appropriated, out of impact aid under this section may use not the provisions of the Individuals with Dis- any money in the Treasury not otherwise ap- more than 1 percent of such aid for adminis- abilities Education Act (20 U.S.C. 1400 et propriated, $7,000,000 to the National Assess- trative expenses. An eligible local edu- seq.), title VI of the Civil Rights Act of 1964 ment Governing Board for the purposes of cational agency or eligible BIA-funded (42 U.S.C. 2000d et seq.), title IX of the Edu- implementing a National Assessment of Edu- school that receives emergency impact aid cation Amendments of 1972 (20 U.S.C. 1681 et cational Progress test in United States his- payments under this section may use not seq.), and the Rehabilitation Act of 1973 (29 tory. more than 2 percent of such payments for ad- U.S.C. 701 et seq.). (b) Notwithstanding any other provision of ministrative expenses. (4) OPT-IN.—A displaced student assisted this Act, amounts appropriated under title I (i) SPECIAL FUNDING RULE.—In calculating under this section who is enrolled in a non- under the heading ‘‘SALARIES AND EXPENSES’’ funding under section 8003 of the Elementary public school shall not participate in reli- under the heading ‘‘DEPARTMENTAL MANAGE- and Secondary Education Act of 1965 (20 gious worship or religious classes at such MENT’’ shall be reduced by $7,000,000. U.S.C. 7703) for an eligible local educational school unless such student’s parent or guardian chooses to opt-in such student for such agency that receives an emergency impact SA 2306. Mr. ALEXANDER submitted aid payment under this section, the Sec- religious worship or religious classes. an amendment intended to be proposed retary of Education shall not count displaced (5) RULE OF CONSTRUCTION.—The amount of students served by such agency for whom an any payment (or other form of support pro- by him to the bill H.R. 3010, making ap- emergency impact aid payment is received vided on behalf of a displaced student) under propriations for the Departments of under this section, nor shall such students be this section shall not be treated as income of Labor, Health and Human Services, counted for the purpose of calculating the a parent or guardian of the student for pur- and Education, and Related Agencies total number of children in average daily at- poses of Federal tax laws or for determining for the fiscal year ending September 30, tendance at the schools served by such agen- eligibility for any other Federal program. 2006, and for other purposes; which was (n) TREATMENT OF STATE AID.—A State cy as provided in section 8003(b)(3)(B)(i) of ordered to lie on the table; as follows: such Act (20 U.S.C. 7703(b)(3)(B)(i)). shall not take into consideration emergency (j) TERMINATION OF AUTHORITY.—The au- impact aid payments received under this sec- At the end of title III (before the short thority provided by this section shall termi- tion by a local educational agency in the title), add the following: nate on August 1, 2006. State in determining the eligibility of such SEC. ll.(a) There are appropriated, out of (k) NOTICE OF OPTION OF PUBLIC SCHOOL OR local educational agency for State aid, or the any money in the Treasury not otherwise ap- NON-PUBLIC SCHOOL ENROLLMENT.—Each amount of State aid, with respect to free propriated, $7,000,000 to the National Assess- State receiving emergency impact aid under public education of children. ment Governing Board for the purposes of this section shall provide, to the parent or (o) AUTHORIZATION OF APPROPRIATIONS.— implementing a National Assessment of Edu- guardian of each displaced student for whom There is authorized to be appropriated to cational Progress test in United States his- a payment is made under this section to an carry out this section $2,400,000,000 for fiscal tory. account who resides in such State, notifica- year 2006. (b) Notwithstanding any other provision of tion that such parent or guardian has the op- SEC. ll. SUNSET PROVISION. this Act, amounts appropriated under title I tion of enrolling such student in a public Except as otherwise provided in this title, for the State Unemployment Insurance and school or a non-public school. the provisions of this title shall be effective Employment Service Operations shall be reduced by $7,000,000. (l) BY-PASS.—If a State educational agency for the period beginning on the date of enact- or eligible local educational agency is unable ment of this title and ending on August 1, to carry out this section, the Secretary of 2006. SA 2307. Mr. ALEXANDER submitted Education may make such arrangements an amendment intended to be proposed with the State as the Secretary determines SA 2304. Mr. HAGEL (for himself, Mr. by him to the bill H.R. 3010, making ap- appropriate to carry out this section on be- ALEXANDER, Mr. ROBERTS, Mr. WARNER, propriations for the Departments of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23774 CONGRESSIONAL RECORD—SENATE October 26, 2005 Labor, Health and Human Services, propriations for the Departments of ment to the bill H.R. 3010, making ap- and Education, and Related Agencies Labor, Health and Human Services, propriations for the Departments of for the fiscal year ending September 30, and Education, and Related Agencies Labor, Health and Human Services, 2006, and for other purposes; which was for the fiscal year ending September 30, and Education, and Related Agencies ordered to lie on the table; as follows: 2006, and for other purposes; which was for the fiscal year ending September 30, At the end of title III (before the short ordered to lie on the table; as follows: 2006, and for other purposes; as follows: title), add the following: 1. At the appropriate place insert the fol- At the appropriate place, insert the fol- SEC. ll.(a) In addition to amounts other- lowing: lowing: wise appropriated under this Act, there are SEC. —. PROHIBITION OF THE USE OF FUNDS SEC. ll.(a) Notwithstanding any other appropriated, out of any money in the Treas- FOR RELIANCE ON STUDENT INTER- provision of law, $125,000,000 shall be avail- ury not otherwise appropriated, $502,738,000 EST SURVEYS IN DETERMINING able and shall remain available until ex- for targeted grants under section 1125 of the COMPLIANCE WITH TITLE IX. pended to replace the funds appropriated but Elementary and Secondary Education Act of None of the funds provided under this Act not expended under chapter 8 of division B of 1965 (20 U.S.C. 6335) and education finance in- shall be used— the Department of Defense and Emergency centive grants under section 1125A of the El- (1) for any educational, compliance, or en- Supplemental Appropriations for Recovery ementary and Secondary Education Act of forcement activities that are based on the from and Response to Terrorist Attacks on 1965 (20 U.S.C. 6337). Department of Education’s March 17, 2005 the United States Act, 2002 (Public Law 107– (b) Notwithstanding any other provision of policy guidance entitled ‘‘Additional Clari- 117), and of such amount, $50,000,000 shall be this Act, amounts appropriated under this fication of Intercollegiate Athletics Policy: made available for payment to the New York Act for discretionary programs (other than Three Part Test—Part Three,’’ or on the State Uninsured Employers Fund for reim- programs under title I of the Elementary and principles governing the interpretation of bursement of claims related to the terrorist Secondary Education Act of 1965 (20 U.S.C. surveys set forth in that guidance, regarding attacks of September 11, 2001 and for reim- 6301 et seq.) and programs under the Individ- compliance with the Patsy Takemoto Mink bursement of claims related to the first re- uals with Disabilities Education Act (20 Equal Opportunity in Education Act (20 sponse emergency services personnel who U.S.C. 1400 et seq.)) shall be reduced, on a pro U.S.C. 1681 et seq.) (commonly referred to as were injured, were disabled, or died due to rata basis, by $502,738,000. ‘‘title IX’’); or such terrorist attacks, and $75,000,000 shall (2) to rely on the results of any survey of be made available to the Centers for Disease SA 2308. Mr. ALEXANDER submitted student interest as a basis for presuming Control and Prevention upon enactment of an amendment intended to be proposed that an educational institution has complied this Act, and shall remain available until ex- with such title IX. by him to the bill H.R. 3010, making appended, for purposes related to the Sep- propriations for the Departments of tember 11, 2001 terrorist attacks. In expend- SA 2311. Mr. SUNUNU submitted an ing such funds, the Director of the Centers Labor, Health and Human Services, amendment intended to be proposed by for Disease Control and Prevention shall give and Education, and Related Agencies him to the bill H.R. 3010, making ap- first priority to the existing programs co- for the fiscal year ending September 30, propriations for the Departments of ordinated by the Mount Sinai Center for Oc- 2006, and for other purposes; which was Labor, Health and Human Services, cupational and Environmental Medicine, the ordered to lie on the table; as follows: and Education, and Related Agencies Fire Department of New York City Bureau of At the end of title III (before the short for the fiscal year ending September 30, Health Services and Counseling Services title), add the following: Unit, the New York City Police Foundation’s 2006, and for other purposes; which was Project COPE, Police Organization Pro- SEC. ll.(a) There are appropriated, out of ordered to lie on the table; as follows: any money in the Treasury not otherwise ap- viding Peer Assistance, and the New York At the appropriate place in title II, insert propriated, $7,000,000 to the National Assess- City Department of Health and Mental Hy- the following: ment Governing Board for the purposes of giene World Trade Center Health Registry SEC. ll. Amounts appropriated in this that administer baseline and follow-up implementing a National Assessment of Edu- title for community health center programs cational Progress test in United States his- screening, clinical examinations, or long- under section 330 of the Public Health Serv- term medical health monitoring, analysis, or tory. ice Act (42 U.S.C. 254b) shall be increased by (b) Notwithstanding any other provision of treatment for emergency services personnel $198,560,000. Notwithstanding any other pro- this Act, amounts appropriated under title I or rescue and recovery personnel, and shall vision of this Act, amounts appropriated for the Job Corps: Operations shall be re- give secondary priority to similar programs under this Act shall be reduced by 0.14 per- duced by $7,000,000. coordinated by other entities working with cent. the State of New York and New York City. SA 2309. Ms. COLLINS (for herself On page 116, line 10, strike ‘‘$3,326,000,000’’ SA 2312. Ms. SNOWE submitted an and insert ‘‘$3,201,000,000’’ in lieu thereof. and Mr. REED) submitted an amend- amendment intended to be proposed by ment intended to be proposed by her to her to the bill H.R. 3010, making appro- SA 2314. Mr. CONRAD submitted an the bill H.R. 3010, making appropria- priations for the Departments of amendment intended to be proposed by tions for the Departments of Labor, Labor, Health and Human Services, him to the bill H.R. 3010, making ap- Health and Human Services, and Edu- and Education, and Related Agencies propriations for the Departments of cation, and Related Agencies for the for the fiscal year ending September 30, Labor, Health and Human Services, fiscal year ending September 30, 2006, 2006, and for other purposes; which was and Education, and Related Agencies and for other purposes; which was or- ordered to lie on the table; as follows: for the fiscal year ending September 30, dered to lie on the table; as follows: At the end of title III (before the short 2006, and for other purposes; which was At the appropriate place, insert the fol- title), insert the following: ordered to lie on the table; as follows: lowing: SEC. ll. FUNDING INCREASE FOR EVEN START. At the end of title III (before the short SEC. ll. It is the sense of the Senate that (a) INCREASE.—In addition to amounts oth- title), add the following: the additional $2,920,000,000 in new budget erwise appropriated under this Act, there is SEC. ll.(a) In addition to amounts other- authority provided in this Act to the Low-In- appropriated, out of any money in the Treas- wise appropriated under this Act, there are come Home Energy Assistance Program ury not otherwise appropriated, an addi- appropriated, out of any money in the Treas- should be offset by the reconciliation bill tional $200,000,000 for carrying out subpart 3 ury not otherwise appropriated, $29,376,000 pursuant to subsection (b) of section 202 of H. of part B of title I of the Elementary and for the Rural Education Achievement Pro- Con. Res. 95, the Concurrent Resolution on Secondary Education Act of 1965 (20 U.S.C. gram under part B of title VI of the Elemen- the Budget for Fiscal Year 2006, by scaling 6381 et seq.). tary and Secondary Education Act of 1965 (20 back or eliminating certain tax deductions, (b) OFFSET.—Notwithstanding any other U.S.C. 7341 et seq.). exemptions, preferences, subsidies, or other provision of this Act, each amount appro- (b) Notwithstanding any other provision of tax expenditures provided under current law priated under this Act for salaries and ex- this Act, the amount appropriated under this to the oil and gas industry, to provide sav- penses at the Occupational Safety and title under the heading ‘‘PROGRAM ADMINIS- ings totaling $2,920,000,000 over the period of Health Administration and the Employment TRATION’’ under the heading ‘‘DEPARTMENTAL fiscal years 2006 through 2010. Standards Administration is reduced by a MANAGEMENT’’ shall be reduced by $29,376,000. uniform percentage necessary to reduce the SA 2310. Mr. STEVENS (for himself total amounts so appropriated by $200,000,000. SA 2315. Mr. DURBIN submitted an and Mrs. MURRAY) submitted an amendment intended to be proposed by amendment intended to be proposed by SA 2313. Mrs. CLINTON (for herself him to the bill H.R. 3010, making ap- him to the bill H.R. 3010, making ap- and Mr. SCHUMER) proposed an amend- propriations for the Departments of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23775 Labor, Health and Human Services, to the Congress a report on the formula used her to the bill H.R. 3010, making appro- and Education, and Related Agencies to determine trade adjustment assistance priations for the Departments of for the fiscal year ending September 30, funding levels for States. The report shall Labor, Health and Human Services, 2006, and for other purposes; as follows: examine the formula and determine if State and Education, and Related Agencies funding levels are in proportion to the On page 222, after line 8, insert the fol- amount of eligible displaced workers in each for the fiscal year ending September 30, lowing: State, or if other factors affect the overall 2006, and for other purposes; which was SEC. 517. Notwithstanding any other provi- funding levels that States receive. The re- ordered to lie on the table; as follows: sion of law, not later than 60 days after the port shall include information on States that date of enactment of this Act, MidAmerica At the appropriate place, insert the fol- have had to request funding from the reserve lowing: St. Louis Airport in Mascoutah, Illinois, because the formula did not provide enough shall be designated as a port of entry. base funding to immediately assist all work- SEC. ll. SURVIVORS OF SEXUAL ASSAULT; PRO- VISION BY HOSPITALS OF EMER- ers who are eligible, the length and incidence GENCY CONTRACEPTIVES. SA 2316. Mr. SCHUMER submitted an of waiting lists established because of lack of amendment intended to be proposed by base funding, the effect of waiting lists on (a) IN GENERAL.—No Federal funds appro- him to the bill H.R. 3010, making ap- displaced workers and communities, and the priated in this Act may be provided to a hos- propriations for the Departments of burden that is placed on States when funding pital under any health-related program, un- is dispersed late due to a delayed appropria- less the hospital meets the conditions speci- Labor, Health and Human Services, fied in subsection (b) in the case of— and Education, and Related Agencies tions process. The report shall examine whether or not the rigorous and complicated (1) any woman who presents at the hospital for the fiscal year ending September 30, and states that she is a victim of sexual as- 2006, and for other purposes; which was timelines and deadlines that citizens are required to meet affects the overall number of sault, or is accompanied by someone who ordered to lie on the table; as follows: people who are able to successfully apply for states she is a victim of sexual assault; and At the appropriate place insert the fol- assistance and the overall funding level that (2) any woman who presents at the hospital lowing: States will be able to receive in the future. whom hospital personnel have reason to be- SEC. ll. Not later than 12 months after The report shall include recommendations lieve is a victim of sexual assault. the date of enactment of this Act, the Comp- on how to make the process of meeting the (b) ASSISTANCE FOR VICTIMS.—The condi- troller General of the United States shall rigorous timelines and deadlines easier to tions specified in this subsection regarding a transmit to the Congress a report on the for- understand, less complicated, and easier for hospital and a woman described in sub- mula used to determine trade adjustment as- States to administer. The report shall also section (a) are as follows: sistance funding levels for States. The report address the overall level of funding needed to (1) The hospital promptly provides the shall examine the formula and determine if provide assistance to firms and workers af- woman with medically and factually accu- State funding levels are in proportion to the fected by the Dominican Republic-Central rate and unbiased written and oral informa- amount of eligible displaced workers in each America-United States Free Trade Agree- tion about emergency contraception, includ- State, or if other factors affect the overall ment. ing information explaining that— funding levels that States receive. The re- (A) emergency contraception does not port shall include information on States that SA 2318. Mr. SCHUMER submitted an cause an abortion; and have had to request funding from the reserve amendment intended to be proposed by (B) emergency contraception is effective in because the formula did not provide enough him to the bill H.R. 3010, making ap- most cases in preventing pregnancy after un- base funding to immediately assist all work- propriations for the Departments of protected sex. ers who are eligible, the length and incidence (2) The hospital promptly offers emergency of waiting lists established because of lack of Labor, Health and Human Services, contraception to the woman, and promptly base funding, the effect of waiting lists on and Education, and Related Agencies provides such contraception to her on her re- displaced workers and communities, and the for the fiscal year ending September 30, quest. burden that is placed on States when funding 2006, and for other purposes; which was (3) The information provided pursuant to is dispersed late due to a delayed appropria- ordered to lie on the table; as follows: paragraph (1) is in clear and concise lan- tions process. The report shall examine At the appropriate place in title I, insert guage, is readily comprehensible, and meets whether or not the rigorous and complicated the following: such conditions regarding the provision of timelines and deadlines that citizens are re- SEC. ll. The Secretary of Labor, in con- the information in languages other than quired to meet affects the overall number of sultation with the Secretary of Health and English as the Secretary may establish. people who are able to successfully apply for Human Services and the Secretary of En- (4) The services described in paragraphs (1) assistance and the overall funding level that ergy, shall investigate, and submit to Con- through (3) are not denied because of the in- States will be able to receive in the future. gress a report on, whether the coverage dates ability of the woman or her family to pay for The report shall include recommendations for uranium rolling activities at the Beth- the services. on how to make the process of meeting the lehem Steel atomic weapons employer facil- (c) DEFINITIONS.—For purposes of this sec- rigorous timelines and deadlines easier to ity in Lackawana, New York (which is de- tion: understand, less complicated, and easier for tailed in the Department of Energy’s list of (1) The term ‘‘emergency contraception’’ States to administer. The report shall also facilities covered under the Energy Employ- means a drug, drug regimen, or device that— address the overall level of funding needed to ees Occupational Illness Compensation Pro- (A) is used postcoitally; provide assistance to firms and workers af- gram Act (42 U.S.C. 7384 et seq.)) is accurate (B) prevents pregnancy by delaying ovula- fected by the Dominican Republic-Central and complete. In making such determination, preventing fertilization of an egg, or America-United States Free Trade Agree- tion, the Secretary of Labor shall undertake preventing implantation of an egg in a uter- ment. diligent measures and apply the full array of us; and investigative tools available to the Depart- (C) is approved by the Food and Drug Ad- SA 2317. Mr. SCHUMER submitted an ment of Labor, including on-site inspection ministration. amendment intended to be proposed by and review records at Bethlehem Steel (2) The term ‘‘hospital’’ has the meanings him to the bill H.R. 3010, making ap- records facilities, in order to determine given such term in title XVIII of the Social propriations for the Departments of whether the records of Bethlehem Steel, and Security Act, including the meaning applica- Labor, Health and Human Services, its successor, contain shipping, receiving, ble in such title for purposes of making payments for emergency services to hospitals and Education, and Related Agencies contracting, or production-related information pertaining to activities on behalf of the that do not have agreements in effect under for the fiscal year ending September 30, Atomic Energy Commission or its contrac- such title. 2006, and for other purposes; which was tors or subcontractors in processing radio- (3) The term ‘‘Secretary’’ means the Sec- ordered to lie on the table; as follows: active materials extended beyond the time retary of Health and Human Services. At the appropriate place insert the fol- periods of 1949 through 1952. The Secretary of (4) The term ‘‘sexual assault’’ means coitus lowing: Labor, in consultation with the Secretary of in which the woman involved does not con- SEC. ll. (a) The amount appropriated Energy, shall also review uranium shipping sent or lacks the legal capacity to consent. under title I for trade adjustment assistance and receipt records at the Hanford and Sa- (d) EFFECTIVE DATE; AGENCY CRITERIA.— under the heading ‘‘FEDERAL UNEMPLOYMENT vannah River facilities and provide a list of This section takes effect upon the expiration BENEFITS AND ALLOWANCES’’ is hereby in- dates and shipments involving Bethlehem of the 180-day period beginning on the date of creased by $90,900,000. Steel. enactment of this Act. Not later than 30 days (b) Not later than 12 months after the date prior to the expiration of such period, the of enactment of this Act, the Comptroller SA 2319. Mrs. CLINTON submitted an Secretary shall publish in the Federal Reg- General of the United States shall transmit amendment intended to be proposed by ister criteria for carrying out this section.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23776 CONGRESSIONAL RECORD—SENATE October 26, 2005 SA 2320. Mr. OBAMA submitted an under section 1902(a)(4)(A) of the Social Se- issue regarding the definition of ‘‘hospital amendment intended to be proposed by curity Act (42 U.S.C. 1396a(a)(4)(A)). costs’’ incurred by the State of Virginia for him to the bill H.R. 3010, making ap- (b) EXCLUSION OF APPLICATIONS RECEIVED purposes of Medicaid reimbursement to that propriations for the Departments of AND PROCESSED ON AN OUTSTATION BASIS.— State and urges the Administrator of the The percentages described in subsection (a) Labor, Health and Human Services, Centers for Medicare & Medicaid Services to shall be determined without regard to appli- work with the State to resolve the pending and Education, and Related Agencies cations received and processed by the Health issue. for the fiscal year ending September 30, Resources Services Administration. 2006, and for other purposes; which was SA 2325. Mr. DURBIN submitted an ordered to lie on the table; as follows: SA 2323. Mr. HARKIN submitted an amendment intended to be proposed by At the appropriate place in title II, insert amendment intended to be proposed by him to the bill H.R. 3010, making ap- the following: him to the bill H.R. 3010, making appropriations for the Departments of SEC. ll. Amounts appropriated in this propriations for the Departments of Labor, Health and Human Services, Act to carry out the preventive health and Labor, Health and Human Services, health services block grant program under and Education, and Related Agencies part A of title XIX of the Public Health and Education, and Related Agencies for the fiscal year ending September 30, Service Act (42 U.S.C. 300w et seq.) shall be for the fiscal year ending September 30, 2006, and for other purposes; which was increased by $9,000,000, such increased 2006, and for other purposes; which was ordered to lie on the table; as follows: amounts to be used to maintain critical ordered to lie on the table; as follows: At the appropriate place, insert the fol- health promotion and disease prevention ac- At the appropriate place in title II, insert lowing: tivities in States. the following: SEC. ll. None of the funds made available SEC. ll. Notwithstanding section 403(a)(1) in this Act may be used to disseminate sci- SA 2321. Mr. BINGAMAN submitted of the Social Security Act (42 U.S.C. an amendment intended to be proposed entific information that is deliberately false 603(a)(1)), the Secretary of Health and or misleading. by him to the bill H.R. 3010, making ap- Human Services shall reduce the State fam- propriations for the Departments of ily assistance grant payable to a State under SA 2326. Mr. DURBIN submitted an Labor, Health and Human Services, the Temporary Assistance for Needy Fami- amendment intended to be proposed by and Education, and Related Agencies lies Program established under part A of title IV of the Social Security Act for a fis- him to the bill H.R. 3010, making ap- for the fiscal year ending September 30, propriations for the Departments of 2006, and for other purposes; which was cal year quarter by the amount of administrative expenditures incurred for the pre- Labor, Health and Human Services, ordered to lie on the table; as follows: ceding quarter if more than 10 percent of ap- and Education, and Related Agencies At the appropriate place in title II, insert plications for assistance under the State pro- for the fiscal year ending September 30, the following: gram funded under such part that are re- 2006, and for other purposes; which was SEC. ll. (a) IN GENERAL.—No amounts ap- ceived or initially processed in the preceding ordered to lie on the table; as follows: propriated under this title for the Office of quarter are received or initially processed by the Secretary of Health and Human Services individuals who are not State employees At the appropriate place, insert the fol- shall be expended for travel during the pe- meeting personnel standards that are estab- lowing: riod that begins on January 2, 2006, and ends lished and maintained on a merit basis. SEC. ll. (a) None of the funds made avail- on the date regulations implementing the able in this Act may be used to request that amendments made by section 506(a) of the SA 2324. Mr. ALLEN (for himself and a candidate for appointment to a Federal sci- Medicare Prescription Drug, Improvement, Mr. WARNER) submitted an amendment entific advisory committee disclose the po- and Modernization Act of 2003 (Public Law intended to be proposed by him to the litical affiliation or voting history of the 108–173, 117 Stat. 2294) are promulgated. candidate or the position that the candidate (b) NONAPPLICATION.—This Act shall be ap- bill H.R. 3010, making appropriations holds with respect to political issues not di- plied without regard to subsection (a) if, not for the Departments of Labor, Health rectly related to and necessary for the work later than January 1, 2006, the Secretary of and Human Services, and Education, of the committee involved. Health and Human Services promulgates reg- and Related Agencies for the fiscal ulations implementing the amendments year ending September 30, 2006, and for SA 2327. Mr. COLEMAN (for himself made by section 506(a) of the Medicare Pre- other purposes; which was ordered to and Mr. BINGAMAN) submitted an scription Drug, Improvement, and Mod- ernization Act of 2003 (Public Law 108–173, 117 lie on the table; as follows: amendment intended to be proposed by Stat. 2294). On page 178, after line 25, add the fol- him to the bill H.R. 3010, making ap- lowing: propriations for the Departments of SA 2322. Mr. HARKIN submitted an SEC. 222.(a) FINDINGS.—The Senate makes Labor, Health and Human Services, amendment intended to be proposed by the following findings: and Education, and Related Agencies him to the bill H.R. 3010, making ap- (1) Hospitals cannot provide patient care for the fiscal year ending September 30, without physicians. propriations for the Departments of 2006, and for other purposes; which was Labor, Health and Human Services, (2) It is particularly difficult for hospitals to provide patient care to uninsured pa- ordered to lie on the table; as follows: and Education, and Related Agencies tients. On page 191, line 2, strike ‘‘may be used’’ for the fiscal year ending September 30, (3) Medicaid disproportionate share hos- and all that follows through ‘‘dissemination 2006, and for other purposes; as follows: pital (DSH) payments provide payments to activities:’’ on line 4 of such page and insert At the appropriate place in title II, insert hospitals to provide care to uninsured pa- ‘‘may be used for program evaluation, na- the following: tients. tional outreach, and information dissemina- SEC. ll. (a) IN GENERAL.—None of the (4) Hospitals that provide a large volume of tion activities, and shall be used by the Sec- funds made available in this Act may used care to uninsured patients incur significant retary of Education to develop, through con- for Federal matching payments under sec- costs. sultation with the Secretaries of State, Com- tion 1903(a)(7) of the Social Security Act (42 (5) Since there is no other source of reim- merce, Homeland Security, and Energy, in- U.S.C. 1396b(a)(7)) for reimbursement of bursement for hospitals related to these stitutions of higher education in the United amounts expended for the proper and effi- costs, some States have permitted reim- States, organizations that participate in cient administration of a State Medicaid bursement of these physician costs through international exchange programs, and other plan under title XIX of such Act to a State Medicaid DSH. appropriate groups, a strategic plan for en- agency if more than— (6) The State of Virginia has approved the hancing the access of foreign students, schol- (1) 15 percent of the applications for med- inclusion of physician services costs as hos- ars, scientists, and exchange visitors to in- ical assistance under the State Medicaid pital costs for Medicaid DSH purposes. stitutions of higher education of the United plan in any fiscal year quarter are received (7) Fifty percent of all indigent care in the States for study and exchange activities: or initially processed; State of Virginia is provided by its 2 aca- Provided further, That the strategic plan de- (2) 15 percent of eligibility redetermina- demic medical centers. scribed in the preceding proviso shall make tions for such medical assistance are ini- (8) The financial viability of these aca- use of the Internet and other media re- tially processed; or demic medical centers is threatened if these sources, establish a clear division of respon- (3) 15 percent of change reports are re- costs cannot be included in Medicaid DSH re- sibility and a mechanism of institutionalized ceived and initially processed, imbursement. cooperation between the Departments of by individuals who are not State employees (b) SENSE OF THE SENATE.—It is the sense Education, State, Commerce, Homeland Se- meeting the personnel standards required of the Senate that the Senate is aware of an curity, and Energy, and include streamlined

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23777

procedures to facilitate international ex- REID, Mr. DURBIN, Mr. OBAMA, Mr. section shall not be made available unless changes of foreign students, scholars, sci- BAYH, Mr. KOHL, Ms. MIKULSKI, Mrs. and until Congress approves legislation that entists, and exchange visitors:’’. CLINTON, Mr. JOHNSON, and Mr. DAY- authorizes appropriations for such Office.’’. TON) to the bill H.R. 3010, making ap- SA 2328. Ms. LANDRIEU submitted f propriations for the Departments of an amendment intended to be proposed Labor, Health and Human Services, by her to the bill H.R. 3010, making ap- NOTICES OF INTENT and Education, and Related Agencies propriations for the Departments of for the fiscal year ending September 30, Mr. NELSON of Nebraska. Mr. Presi- Labor, Health and Human Services, 2006, and for other purposes; which was dent, I intend to move to suspend rule and Education, and Related Agencies ordered to lie on the table; as follows: XVI with respect to legislating on an for the fiscal year ending September 30, appropriations bill for consideration of On page 1 of the amendment, insert ‘‘(such 2006, and for other purposes; which was my amendment to increase funding for ordered to lie on the table; as follows: amounts shall be in lieu of amounts appropriated for such purposes under the Depart- the Low-Income Home Energy Assist- At the end of title III (before the short ment of Defense Appropriations Act, 2006)’’ ance Program, LIHEAP title), add the following: after ‘‘$8,158,589,000’’. Mr. NELSON of Nebraska. Mr. Presi- SEC. ll. FEDERAL TRIO PROGRAMS FOR HURRI- dent, I intend to move to suspend rule CANE AFFECTED STUDENTS. SA 2332. Mr. ENZI submitted an XVII with respect to germaneness for (a) ADDITIONAL AMOUNTS FOR FEDERAL amendment intended to be proposed to consideration of my amendment to in- TRIO PROGRAMS.—In addition to amounts amendment SA 2283 proposed by Mr. otherwise appropriated under this Act, there crease funding for the Low-Income HARKIN (for himself, Mr. KENNEDY, Mr. are appropriated, out of any money in the Home Energy Assistance Program, Treasury not otherwise appropriated, REID, Mr. DURBIN, Mr. OBAMA, Mr. LIHEAP. $5,000,000 for carrying out title IV of the BAYH, Mr. KOHL, Ms. MIKULSKI, Mrs. Mr. NELSON of Nebraska. Mr. Presi- Higher Education Act of 1965 (20 U.S.C. 1070 CLINTON, Mr. JOHNSON, and Mr. DAY- dent, I intend to move to suspend rule et seq.) which amount shall be available to TON) to the bill H.R. 3010, making ap- XVI with respect to legislating on an carry out the Federal TRIO programs under propriations for the Departments of appropriations bill for consideration of chapter 1 of subpart 2 of part A of such title. Labor, Health and Human Services, my amendment which expresses the (b) OFFSET FROM DEPARTMENTAL MANAGE- and Education, and Related Agencies Sense of the Senate that the Secretary MENT FUNDS.—Notwithstanding any other provision of this Act, amounts made avail- for the fiscal year ending September 30, of the Treasury should ensure that ex- able under this title under the heading ‘‘PRO- 2006, and for other purposes; which was isting Federal employment preferences GRAM ADMINISTRATION’’ under the heading ordered to lie on the table; as follows: for disabled veterans and Federal poli- ‘‘DEPARTMENTAL MANAGEMENT’’ shall be re- On page 1 of the amendment, insert ‘‘(such cies promoting opportunities for other duced by $5,000,000. amounts shall be in lieu of amounts appro- disabled persons are carried forward as priated for such purposes under the Depart- a part of any tax collection contract SA 2329. Mr. INHOFE submitted an ment of Defense Appropriations Act, 2006 program. and, notwithstanding any other provision of amendment intended to be proposed by Mr. NELSON of Nebraska. Mr. Presi- him to the bill H.R. 3010, making ap- this Act, shall be used for newly emerging pandemic infectious diseases, which may in- dent, I intend to move to suspend rule propriations for the Departments of XXII with respect to germaneness for Labor, Health and Human Services, clude pandemic influenza)’’ after ‘‘$8,158,589,000’’. consideration of my amendment which and Education, and Related Agencies expresses the Sense of the Senate that for the fiscal year ending September 30, SA 2333. Mr. ENZI submitted an the Secretary of the Treasury should 2006, and for other purposes; which was amendment intended to be proposed to ensure that existing Federal employ- ordered to lie on the table; as follows: amendment SA 2283 proposed by Mr. ment preferences for disabled veterans ‘‘Beginning with fiscal year 2007 and there- HARKIN (for himself, Mr. KENNEDY, Mr. and Federal policies promoting oppor- after, all non-defense, nontrust-fund, dis- REID, Mr. DURBIN, Mr. OBAMA, Mr. tunities for other disabled persons are cretionary spending shall not exceed the pre- BAYH, Mr. KOHL, Ms. MIKULSKI, Mrs. vious fiscal year’s levels, for purposes of the carried forward as a part of any tax congressional budget process (Section 302 et CLINTON, Mr. JOHNSON, and Mr. DAY- collection contract program. al of the Congressional Budget Act of 1974), TON) to the bill H.R. 3010, making ap- without a 2/3 vote of Members duly chosen propriations for the Departments of f and sworn.’’ Labor, Health and Human Services, and Education, and Related Agencies NOTICES OF HEARINGS/MEETINGS SA 2330. Mr. WARNER (for himself for the fiscal year ending September 30, SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS and Mr. LEAHY) proposed an amend- 2006, and for other purposes; which was Mr. CRAIG. Mr. President, I would ment to the bill S. 1285, to designate ordered to lie on the table; as follows: like to announce for the information of the Federal building located at 333 Mt. On page 1 of the amendment, insert ‘‘(not- the Senate and the public that S. 405, a Elliott Street in Detroit, Michigan, as withstanding any other provision of this Act, bill to provide for the conveyance of the ‘‘Rosa Parks Federal Building’’; as such amounts shall be used for newly emerg- certain public land in Clark County, follows: ing pandemic infectious diseases, which may NV, for use as a heliport, has been At the appropriate place, insert the fol- include pandemic influenza)’’ after ‘‘$8,158,589,000’’. added to the agenda of the hearing lowing: scheduled before the Subcommittee on SEC. . (a) The annex, located on the 200 Public Lands and Forests scheduled for block of 3rd Street Northwest in the District SA 2334. Mr. ENZI submitted an of Columbia, to the E. Barrett Prettyman amendment intended to be proposed to Wednesday, November 2 at 2 p.m. in Federal Building and United States Court- amendment SA 2288 submitted by Ms. Room SD–366. house located at Constitution Avenue North- STABENOW (for herself and Ms. SNOWE) Because of the limited time available west in the District of Columbia shall be and intended to be proposed to the bill for the hearing, witnesses may testify known and designated as the ‘‘William B. H.R. 3010, making appropriations for by invitation only. However, those Bryant Annex’’. the Departments of Labor, Health and wishing to submit written testimony (b) Any reference in a law, map, regula- Human Services, and Education, and for the hearing record should send two tion, document, paper, or other record of the copies of their testimony to the Com- United States to the annex referred to in sec- Related Agencies for the fiscal year tion 1 shall be deemed to be a reference to ending September 30, 2006, and for mittee on Energy and Natural Re- the ‘‘William B. Bryant Annex’’. other purposes; which was ordered to sources, United States Senate, Wash- lie on the table; as follows: ington, DC 20510–6150. SA 2331. Mr. ENZI submitted an At the end of the amendment add the fol- For further information, please con- amendment intended to be proposed to lowing: ‘‘The additional amounts provided tact Frank Gladics (202–224–2878), Dick amendment SA 2283 proposed by Mr. for the Office of the National Coordinator for Bouts (202–224–7545), or Kristina Rolph HARKIN (for himself, Mr. KENNEDY, Mr. Health Information Technology under this (202–224–8276) of the Committee staff.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23778 CONGRESSIONAL RECORD—SENATE October 26, 2005 AUTHORITIES FOR COMMITTEES Witness List: Seth Waxman, Esq., SUBCOMMITTEE ON TERRORISM, TECHNOLOGY TO MEET Former Solicitor General of the United AND HOMELAND SECURITY Mr. SPECTER. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL States, Partner, Wilmer, Cutler, Pick- RESOURCES ering, Hale and Dorr, Washington, DC; unanimous consent that the Sub- Mr. SPECTER. Mr. President, I ask Ronald Eisenburg, Esq., Deputy Dis- committee on Terrorism, Technology, unanimous consent that the committee trict Attorney, Philadelphia District and Homeland Security be authorized on energy and natural resources be au- Attorney’s Office, Philadelphia, PA; to meet to conduct a hearing on ‘‘Ter- thorized to meet during the session of Stephen Saltzburg, Esq., Wallace and rorism: Emergency Preparedness,’’ on the Senate on Wednesday, October 26 Beverly Woodbury University Professor Wednesday, October 26, 2005, at 10:30 at 2 p.m. The purpose of this hearing is of Law, George Washington University a.m. in Room 226 of the Dirksen Senate to receive testimony on the implemen- School of Law, Washington, DC; Kent Office Building. Scheidegger, Esq., Legal Director, tation of the Federal Lands Recreation Witness List Enhancement Act, P.L. 108–447 by the Criminal Justice Legal Foundation, Panel I: Former Senator Slade Gor- Forest Service and the Department of Sacramento, CA. ton, 9/11 Public Discourse Project, Se- the –Interior. The PRESIDING OFFICER. Without attle, WA; Wayne Thomas, Vice-Presi- The PRESIDING OFFICER. Without objection, it is so ordered. dent of Homeland Security, Innovative objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE Mr. SPECTER. Mr. President, I ask Emergency Management, Inc., Baton COMMITTEE ON ENVIRONMENT AND PUBLIC Rouge, LA; Henry Renteria, Director, WORKS unanimous consent that the Select Committee on Intelligence be author- California Governor’s Office of Emer- Mr. SPECTER. Mr. President, I ask gency Services, Mather, CA; Matt unanimous consent that the Com- ized to meet during the session of the Senate on October 26, 2005 at 2:30 p.m. Bettenhausen, Director, California Of- mittee on Environment and Public fice of Homeland Security, Sac- Works be authorized to meet on Octo- to hold a closed briefing. The PRESIDING OFFICER. Without ramento, CA; Michael O’Hanlon, Senior ber 26, 2005, at 9:30 a.m. to conduct a Fellow and co-holder of Sydney Stein business meeting on the following objection, it is so ordered. SUBCOMMITTEE ON ADMINISTRATIVE OVERSIGHT chair, Foreign Policy Studies Program, agenda: Brookings Institution, Washington, S. 1772, The Gas Price Act; AND THE COURTS DC. S. 1869, To reauthorize the Coastal Mr. SPECTER. Mr. President, I ask The PRESIDING OFFICER. Without Barrier Resources Act, and for other unanimous consent that the Sub- objection, it is so ordered. purposes; and committee on Administrative Over- S. Res. 255, A resolution recognizing sight and the Courts be authorized to f the achievements of the United States meet to conduct a hearing on ‘‘Revis- PRIVILEGES OF THE FLOOR Fish and Wildlife Service and the Wa- iting Proposals to Split the Ninth Cir- Mr. HARKIN. Mr. President, I ask terfowl Population Survey. cuit: An Inevitable Solution to a Grow- unanimous consent that Jacob Cilek of Resolutions: Committee resolution ing Problem’’ on Wednesday, October my staff be granted the privilege of the on the Beneficial Use of Dredged Mate- 26, 2005 at 2:30 p.m. in Room 226 of the floor for the duration of today’s ses- rial on the Delaware River, Delaware, Dirksen Senate Office Building. sion. New Jersey, and Pennsylvania; and Witness List Two Committee resolutions on addi- The PRESIDING OFFICER. Without tional items in GSA’s FY06 Capital In- Panel I: Circuit Judge Diarmuid objection, it is so ordered. vestment and Leasing Program. O’Scannlain, U.S. Court of Appeals for Mr. DODD. Madam President, I ask The PRESIDING OFFICER. Without the Ninth Circuit Portland, OR; Circuit unanimous consent that privilege of objection, it is so ordered. Judge Richard Tallman, U.S. Court of the floor be granted to two fellows in Appeals for the Ninth Circuit, Seattle, my office, Elizabeth Hoffman and COMMITTEE ON ENVIRONMENT AND PUBLIC Regan Fitzgerald, during consideration WORKS WA; Chief Judge Mary Schroeder U.S. of this legislation. Mr. SPECTER. Mr. President, I ask Court of Appeals for the Ninth Circuit, The PRESIDING OFFICER. Without unanimous consent that the Com- Phoenix, AZ; and Circuit Judge Alex objection, it is so ordered. mittee on Environment and Public Kozinski U.S. Court of Appeals for the Mr. HARKIN. I ask unanimous con- Works be authorized to meet on Octo- Ninth Circuit, Pasadena CA. Panel II: Circuit Judge Andrew sent that Matt Ryno of my staff be ber 26 2:30 p.m. to hold its second hear- Kleinfeld U.S. Court of Appeals for the granted the privilege of the floor for ing on Eco-terrorism specifically exam- Ninth Circuit, Fairbanks, AK; District the duration of today’s session. ining Stop Huntingdon Animal Cruelty Judge John Roll, U.S. District Court, The PRESIDING OFFICER. Without (‘‘SHAC’’). District of Arizona, Tuscon, AZ; Cir- objection, it is so ordered. THE PRESIDING OFFICER. Without cuit Judge Sidney T. Thomas, U.S. objection, it is so ordered. f Court of Appeals for the Ninth Circuit, COMMITTEE ON FOREIGN RELATIONS Billings, MT; and Chief Judge Emeritus EXECUTIVE SESSION Mr. SPECTER. Mr. President, I ask Marilyn Huff, U.S. District Court, unanimous consent that the Com- Southern District, CA, San Diego, CA. EXECUTIVE CALENDAR mittee on Foreign Relations be author- The PRESIDING OFFICER. Without ized to meet during the session of the objection, it is so ordered. Mr. FRIST. Mr. President, I ask Senate on Wednesday, October 26, 2005, SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- unanimous consent the Senate imme- at 2:30 p.m., to hold a hearing on Nomi- AGEMENT, GOVERNMENT INFORMATION AND diately proceed to executive session to nations. INTERNATIONAL SECURITY consider the following nominations on The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, I ask today’s Executive Calendar: Calendar objection, it is so ordered. unanimous consent that the Sub- Nos. 370, 371, and 373. I further ask COMMITTEE ON THE JUDICIARY committee on Federal Financial Man- unanimous consent that the nomina- Mr. SPECTER. Mr. President, I ask agement, Government Information, tions be confirmed and the motions to unanimous consent that the Com- and International Security be author- reconsider be laid upon the table, the mittee on the Judiciary be authorized ized to meet on Wednesday, October 26, President be immediately notified of to meet to conduct a hearing on ‘‘Ha- 2005, at 2:30 p.m. for a hearing regard- the Senate’s action, and finally the beas Reform: The Streamlined Proce- ing ‘‘Uncollected Taxes: Can We Re- Senate then return to legislative ses- dures Act’’ on Wednesday, October 26, duce the $300 Billion Tax Gap?’’ sion. 2005 at 9 a.m., in the Dirksen Senate The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Office Building, room 226. objection, it is so ordered. objection, it is so ordered.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23779 The nominations considered and con- A resolution (S. Res. 288) recognizing the SUPPORTING THE GOALS AND firmed en bloc are as follows: life and accomplishments of Wellington IDEALS OF NATIONAL DOMESTIC Mara of New York. DEPARTMENT OF VETERANS AFFAIRS VIOLENCE AWARENESS MONTH There being no objection, the Senate Robert Joseph Henke, of Virginia, to be an proceeded to consider the resolution. Mr. FRIST. Mr. President, I ask Assistant Secretary of Veterans Affairs unanimous consent that the Judiciary (Management). Mr. FRIST. Mr. President, I ask unanimous consent that the resolution Committee be discharged from further William F. Tuerk, of Virginia, to be Under consideration of S. Res. 282 and that Secretary of Veterans Affairs for Memorial and preamble be agreed to en bloc, the Affairs. motion to reconsider be laid upon the the Senate proceed to its consider- Lisette M. Mondello, of Texas, to be an As- table, and any statement relating ation. sistant Secretary of Veterans Affairs (Public thereto be printed in the RECORD as if The PRESIDING OFFICER. Without and Intergovernmental Affairs). read, without intervening action or de- objection, it is so ordered. The clerk NOMINATION OF LISETTE MONDELLO bate. will report the resolution by title. Mrs. HUTCHISON. Mr. President, The PRESIDING OFFICER. Without The legislative clerk read as follows: today I wish to congratulate a friend objection, it is so ordered. A resolution (S. Res. 282) supporting the and fellow Texan, Ms. Lisette The resolution (S. Res. 288) was goals and ideals of National Domestic Vio- Mondello, who is being confirmed to be agreed to. lence Awareness Month and expressing the The preamble was agreed to. sense of the Senate that Congress should Assistant Secretary of Public and raise awareness of domestic violence in the Intergovernmental Affairs at the De- The resolution, with its preamble, reads as follows: United States and its devastating effects on partment of Veterans Affairs. She is families. S. RES. 288 one of the finest and most qualified in- There being no objection, the Senate Whereas Tim Wellington Mara was born on dividuals for this position. proceeded to consider the resolution. Ms. Mondello has been serving as the August 14, 1916 in New York City; Whereas Wellington Mara became a ball Mr. FRIST. Mr. President, I ask senior advisor to the Secretary of Edu- unanimous consent that the resolution cation. This experience is invaluable boy for the New York Giants at the age of 9; Whereas Wellington Mara was made co- and the preamble be agreed to en bloc, and has provided exceptional training owner of the New York Giants in 1930 at the the motion to reconsider be laid upon for the position of Assistant Secretary. age of 14; the table, and that any statements re- Prior to her position with the De- Whereas Wellington Mara graduated from lating to the resolution be printed in partment of Education, Ms. Mondello Loyola High School, a Jesuit institution in the RECORD, without intervening ac- Manhattan, and then attended Fordham Uni- was the director of communications in tion or debate. my office for 4 years. During that time versity; Whereas the only interruption in Wel- The PRESIDING OFFICER. Without I valued her counsel and commitment. objection, it is so ordered. In fact, her husband Joe Mondello, was lington Mara’s 81 years with the New York Giants organization occurred during World The resolution (S. Res. 282) was my legislative director for several War II, when he served with distinction for agreed to. years. Prior to that, she worked for our more than 3 years in the Navy, seeing action The preamble was agreed to. colleague, Senator Alfonse D’ Amato. in both the Atlantic and Pacific theaters The resolution, with its preamble, Additionally, Ms. Mondello has held aboard aircraft carriers; reads as follows: several positions in the private sector Whereas Wellington Mara was instru- S. RES. 282 and with grassroots organizations. mental in crafting an agreement in which These experiences have contributed to larger market teams shared television rev- Whereas 2005 marks the 11th anniversary of the enactment of the Violence Against an understanding of political and pub- enue with smaller market teams, thereby allowing football to thrive throughout the Women Act of 1994 (Public Law 103–322, 108 lic relations from two distinctive view- United States; Stat. 1902); points. She will bring an enormous Whereas under nearly 80 years of Wel- Whereas since the passage of the Violence wealth of knowledge and understanding lington Mara’s leadership, the New York Gi- Against Women Act of 1994, communities to the Department of Veterans Affairs. ants made 26 postseason appearances, the have made significant progress in reducing Ms. Mondello received a bachelor of second highest in league history, including domestic violence such that between 1993 and arts degree from Trinity University in 18 National Football League Divisional 2001, the incidents of nonfatal domestic vio- San Antonio, TX. She obtained a Cer- championships, and 6 National Football lence fell 49 percent; Whereas the Violence Against Women Act tificate in Finance from Southern League championships; Whereas Wellington Mara displayed an un- of 1994 cost $15.50 per woman to implement, Methodist University in Dallas, TX. wavering commitment to his players and and has been estimated to save $159 per Given Ms. Mondello’s rich and di- coaches by finding doctors for former play- woman, totaling a savings of nearly verse background, she is ideally suited ers, paying for medical expenses, and arrang- $14,800,000,000 since its creation in averted to serve as the department’s lead in ing help for their families; costs of victimization; public and intergovernmental affairs. Whereas Wellington Mara was an invalu- Whereas since it was created by the Vio- She has earned an impressive record of able contributor to the National Football lence Against Women Act of 1994, the Na- accomplishment and will bring great League as a member of many ownership com- tional Domestic Violence Hotline has been used to answer over 1,000,000 calls; enthusiasm and honor to this position. mittees and has been recognized for always putting the interests of the game ahead of Whereas States have passed over 660 State f what was best for the New York Giants; laws pertaining to domestic violence, stalk- Whereas, in 1997, Wellington Mara was ing, and sexual assault; LEGISLATIVE SESSION elected to the Professional Football Hall of Whereas the Violence Against Women Act The PRESIDING OFFICER. The Sen- Fame, joining his father, Tim Mara, who was of 1994 has helped make strides toward ate will return to legislative session. a charter member of the Hall of Fame; and breaking the cycle of violence, but there re- Whereas, at the end of a life dedicated to mains much work to be done; f the great game of football, its fans, and play- Whereas the Senate recently passed the Vi- RECOGNIZING THE LIFE AND AC- ers, Wellington Mara passed away on October olence Against Women Act of 2005 which re- COMPLISHMENTS OF WEL- 25, 2005, at the age of 89: Now, therefore, be authorized critical components of the origi- it nal Act and established additional protec- LINGTON MARA OF NEW YORK Resolved, That the Senate— tions for battered immigrants and victims of Mr. FRIST. Mr. President, I ask (1) expresses its most sincere condolences human trafficking in order to further com- unanimous consent the Senate proceed to the family of Wellington Mara, the former bat domestic violence and sexual assault; to the immediate consideration of S. Ann Mumm, whom he married in 1954, their Whereas domestic violence affects women, Res. 288 submitted earlier today. 11 children, and 40 grandchildren; and men, and children of all racial, social, reli- (2) recognizes the life and accomplishments gious, ethnic, and economic groups in the The PRESIDING OFFICER. The of Wellington Mara, who, for more than 8 United States; clerk will report the resolution by decades, dedicated his life to the New York Whereas protecting the economic security title. Giants and their millions of fans and sup- of victims can help break the cycle of domes- The legislative clerk read as follows: porters. tic violence;

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00101 Fmt 0686 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23780 CONGRESSIONAL RECORD—SENATE October 26, 2005 Whereas abusers frequently seek to control Whereas over 50 percent of abused women Senate, I ask unanimous consent that their partners by actively interfering with lose at least 3 days of work per month due to the Senate stand in adjournment under the ability of their partners to work, includ- domestic violence, 60 percent of battered the previous order. ing by preventing their partners from going women endure reprimands for arriving late There being no objection, the Senate, to work and harassing their partners at to work and displaying other work-related at 7:51 p.m., adjourned until Thursday, work; problems associated with abuse, and 70 per- Whereas only 28 States and the District of cent report difficulties in performing their October 27, 2005, at 9:30 a.m. Columbia have laws that explicitly provide work due to the effects of domestic violence; f unemployment insurance to victims of do- Whereas existing statistical data suggests NOMINATIONS mestic violence under certain circumstances; that forced prostitution, trafficking for sex, Whereas, on average, more than 3 women and sex tourism has increased throughout Executive nominations received by are murdered by their husbands or boy- the world; the Senate October 26, 2005: friends in the United States every day; Whereas the need to increase the public DEPARTMENT OF STATE Whereas women who have been abused are awareness and understanding of domestic vi- BERNADETTE MARY ALLEN, OF MARYLAND, A CAREER much more likely to suffer from chronic olence and the needs of battered women and MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF pain, diabetes, depression, unintended preg- their children continues to exist; COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA nancies, substance abuse, and sexually trans- Whereas the month of October 2005 has TO THE REPUBLIC OF NIGER. mitted infections, including HIV/AIDS; been recognized as National Domestic Vio- JANICE L. JACOBS, OF VIRGINIA, A CAREER MEMBER Whereas only about 10 percent of primary lence Awareness Month, a month for activi- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND care physicians routinely screen for domes- ties furthering awareness of domestic vio- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA tic violence during new patient visits, and 9 lence; and TO THE REPUBLIC OF SENEGAL, AND TO SERVE CONCUR- percent routinely screen during periodic Whereas the dedication and successes of RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY checkups; those working tirelessly to end domestic vio- OF THE UNITED STATES OF AMERICA TO THE REPUBLIC Whereas each year, about 324,000 pregnant lence and the strength of the survivors of do- OF GUINEA-BISSAU. women in the United States are battered by mestic violence should be recognized: Now, MARILYN WARE, OF PENNSYLVANIA, TO BE AMBAS- SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF the men in their lives, leading to pregnancy therefore, be it THE UNITED STATES OF AMERICA TO FINLAND. complications, such as low-weight gain, ane- Resolved, That the Senate IN THE ARMY mia, infections, and first and second tri- (1) supports the goals and ideals of Na- mester bleeding; tional Domestic Violence Awareness Month; THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADES INDICATED IN THE UNITED Whereas every 2 minutes, someone in the and STATES ARMY DENTAL CORPS UNDER TITLE 10, U.S.C., United States is sexually assaulted; (2) expresses the sense of the Senate that SECTIONS 531 AND 3064: Whereas almost 25 percent of women sur- Congress should continue to raise awareness To be colonel of domestic violence in the United States veyed had been raped or physically assaulted ROBERT DEMPSTER, 0000 by a spouse or boyfriend at some point in and its devastating impact on families. To be lieutenant colonel their lives; f Whereas in 2002 alone, 250,000 women and PHILIP PARK, 0000 girls older than the age of 12 were raped or ORDERS FOR THURSDAY, To be major sexually assaulted; OCTOBER 27, 2005 MARY HARRELL, 0000 Whereas 64 percent of women have reported KRISTINE KNUTSON, 0000 Mr. FRIST. Mr. President, I ask ERROL LADER, 0000 being raped, physically assaulted, or stalked unanimous consent that when the Sen- since age 18 by their current or former inti- THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- ate completes its business today, it ad- POINTMENT IN THE GRADES INDICATED IN THE UNITED mate partner; STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., Whereas 1 out of every 12 women has been journ until 9:30 a.m. on Thursday, Oc- SECTIONS 531 AND 3064: stalked in her lifetime; tober 27. I further ask that following To be colonel Whereas approximately 503,000 women are the prayer and pledge, the morning MIMMS MABEE, 0000 stalked by an intimate partner annually in hour be deemed expired, the Journal of JACK MARKUSFELD, 0000 the United States; proceedings be approved to date, the ROY MAROKUS, 0000 Whereas the influence of cultural norms, RICKY SNYDER, 0000 time for the two leaders be reserved, To be lieutenant colonel economics, language barriers, and limited the Senate resume consideration of access to legal services and information may JAMES BENTLEY, 0000 render some immigrant women particularly H.R. 3010, the Labor-HHS appropria- GEORGE BERNDT, 0000 tions bill, and the time until 10 a.m. be JAMES FEELEY, 0000 vulnerable to abuse; ROGER JONES, 0000 Whereas 1 in 5 adolescent girls in the equally divided between the majority LAWRENCE MCCHESNEY, 0000 United States becomes a victim of physical and minority. I further ask unanimous MARY SHEPHERD, 0000 STEVE WAXMAN, 0000 or sexual abuse, or both, in a dating relation- consent that at 10 a.m., the Senate pro- To be major ship; ceed to a vote on the motion to invoke Whereas 40 percent of girls ages 14 to 17 re- cloture. I further ask that Senators FATEN ANWAR, 0000 port knowing someone their age who has HANS BAKKEN, 0000 have until 10 a.m. to file second-degree PAUL BRISSON, 0000 been hit or beaten by a boyfriend; BRIAN EASTRIDGE, 0000 Whereas approximately 8,800,000 children amendments. VALERIE FIELDS, 0000 The PRESIDING OFFICER. Without SAMUEL GALIB, 0000 in the United States witness domestic vio- JOSEPH GRILLO, 0000 lence each year; objection, it is so ordered. ANTHONY MICKELSON, 0000 Whereas witnessing domestic violence in- f MOHAMMAD NAEEM, 0000 creases the risk of developing long-term RICHARD NAHOURAII, 0000 PROGRAM JIMMIE PEREZ, 0000 physical and mental health problems, future THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- struggles with substance abuse, and experi- Mr. FRIST. Mr. President, tomorrow POINTMENT IN THE GRADE INDICATED IN THE UNITED encing domestic abuse as a victim; STATES ARMY NURSE CORPS UNDER TITLE 10, U.S.C., the Senate will continue consideration SECTIONS 531, AND 3064: Whereas a boy who witnesses his father’s of the Labor-HHS appropriations bill. domestic violence is 10 times more likely to To be major There will be a cloture vote on the bill engage in domestic violence than a boy from MICHELLE BEACH, 0000 a nonviolent home; at 10 a.m. I encourage Members to in- HELEN LAQUAY, 0000 Whereas almost 37 percent of all women voke cloture so that we can expedite THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- POINTMENT IN THE GRADE INDICATED IN THE UNITED who sought care in hospital emergency passage of this final appropriations bill STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE rooms for violence-related injuries were in- this year. Once cloture is invoked, we 10, U.S.C., SECTIONS 531 AND 3064: jured by a current or former spouse, boy- should be able to conclude the amend- To be major friend, or girlfriend; ment process and move to final passage GREGORY BREWER, 0000 Whereas the cost of domestic violence, in- tomorrow. CHRISTOPHER CHANDLER, 0000 cluding rape, physical assault, and stalking, CLIFFORD HOPEWELL, 0000 exceeds $5,800,000,000 each year, of which f TERRELL MORROW, 0000 $4,100,000,000 is spent on direct medical and ADJOURNMENT UNTIL 9:30 A.M. f mental health care services; TOMORROW CONFIRMATIONS Whereas 44 percent of the mayors of the United States have identified domestic vio- Mr. FRIST. Mr. President, if there is Executive nominations confirmed by lence as a primary cause of homelessness; no further business to come before the the Senate Wednesday, October 26, 2005:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00102 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—SENATE 23781

DEPARTMENT OF VETERANS AFFAIRS WILLIAM F. TUERK, OF VIRGINIA, TO BE UNDER SEC- THE ABOVE NOMINATION WAS APPROVED SUBJECT TO RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- ROBERT JOSEPH HENKE, OF VIRGINIA, TO BE AN AS- FAIRS. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY SISTANT SECRETARY OF VETERANS AFFAIRS (MANAGE- LISETTE M. MONDELLO, OF TEXAS, TO BE AN ASSIST- CONSTITUTED COMMITTEE OF THE SENATE. MENT). ANT SECRETARY OF VETERANS AFFAIRS (PUBLIC AND INTERGOVERNMENTAL AFFAIRS).

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00103 Fmt 0686 Sfmt 9801 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23782 CONGRESSIONAL RECORD—HOUSE October 26, 2005 HOUSE OF REPRESENTATIVES—Wednesday, October 26, 2005

The House met at 10 a.m. and was The yeas and nays were ordered. ther, who served not only as President called to order by the Speaker pro tem- The SPEAKER pro tempore. Pursu- but as director of the CIA. pore (Mrs. MILLER of Michigan). ant to clause 8, rule XX, further pro- During a speech at the CIA in 1999 he f ceedings on this question will be post- said, ‘‘I have nothing but contempt and poned. anger for those who betray the trust by DESIGNATION OF THE SPEAKER exposing the names of our sources. f PRO TEMPORE They are, in my view, the most insid- The SPEAKER pro tempore laid be- PLEDGE OF ALLEGIANCE ious of traitors.’’ That is the Presi- fore the House the following commu- The SPEAKER pro tempore. Will the dent’s father, a former Republican nication from the Speaker: gentlewoman from West Virginia (Mrs. President himself. While his son’s administration is WASHINGTON, DC, CAPITO) come forward and lead the working in secret to destroy Joseph October 26, 2005. House in the Pledge of Allegiance. Wilson’s name, it was the former Presi- I hereby appoint the Honorable CANDICE S. Mrs. CAPITO led the Pledge of Alle- dent Bush who sent a letter to Wilson MILLER to act as Speaker pro tempore on giance as follows: this day. congratulating him for his service to J. DENNIS HASTERT, I pledge allegiance to the Flag of the his country and sending his sympathies Speaker of the House of Representatives. United States of America, and to the Repub- that his wife’s identity had been made lic for which it stands, one nation under God, f indivisible, with liberty and justice for all. public. President Bush should listen to PRAYER his father. He should not condone these f outrageous actions, should fire anyone The Reverend Mark Vander Meer, SPECIALIST RICHARD A. HARDY involved, and hold them in utter con- Pastor, Monocacy Valley Church, tempt. Ijamsville, Maryland, offered the fol- (Mr. NEY asked and was given per- f lowing prayer: mission to address the House for 1 Heavenly Father, we come before minute.) TEXAS SHERIFF RICK FLORES You in awe and wonder, recognizing Mr. NEY. Madam Speaker, I rise (Mr. POE asked and was given per- that it is by Your grace and sustaining today to reflect upon the service and mission to address the House for 1 love that we awoke to enjoy the bless- life of a great American, Specialist minute.) ings and challenges of this new day. Richard A. Hardy, who was killed in Mr. POE. Madam Speaker, this past It is by Your will and providence that action while fulfilling his duty to the weekend I traveled to the United You called our great country into United States of America. States-Mexico border and spent time being and entrusted leaders to steward Specialist Hardy was born in patrolling the Rio Grande River with and manage it on Your behalf. This is Timken, OH, and last resided in Sheriff Rick Flores and his deputies of no easy task. The decisions that this Newcomerstown, OH. He was assigned Webb County, Texas. Sheriff Flores is a body must make are difficult, com- to A Company, 2nd Battalion, 69th determined lawman. He is fighting in- plicated, and impact the lives of so Armor Regiment, 3rd Infantry Divi- vasion of illegal immigration and the many. I pray that Your Spirit would sion, out of Fort Benning, GA. Spe- war against the dangerous, violent inhabit this Chamber and fill the cialist Hardy gave the last full measure drug cartels that are slithering into hearts and minds of all who lead with of devotion to his country in Ar the United States. the wisdom, discernment, and insight Ramadi, Iraq during Operation Iraqi Flores has only 13 deputies to patrol that only comes from You. Freedom. a county bigger than Delaware. In the tense border towns like Laredo, Rio May all that takes place this day be Madam Speaker, Specialist Hardy Bravo and El Cenizo, the war between an act of worship, honoring both You represents the best that America has the drug cartels is waging and getting and the people we serve. To You be to offer. I want to give my heartfelt more dangerous every day. These drug honor and glory. Amen. condolences to the family and friends outlaws have more money, extra man- f of Specialist Hardy. His sacrifice will not be forgotten. May God rest his power, better electronic equipment, a THE JOURNAL soul. better intelligence network, and better firepower than the sheriff and his The SPEAKER pro tempore. The f posse. Chair has examined the Journal of the The sheriff needs Humvees, body last day’s proceedings and announces THE VALERIE PLAME INVESTIGATION armor, off-road vehicles, satellite to the House her approval thereof. phones, GPS systems and much more Pursuant to clause 1, rule I, the Jour- (Mr. NADLER asked and was given to fight this battle against drug cartels nal stands approved. permission to address the House for 1 and human smugglers. Madam Speak- Mr. WILSON of South Carolina. minute and to revise and extend his reer, Sheriff Flores has a passion to pro- Madam Speaker, pursuant to clause 1, marks.) tect Texas and all of America. Sheriff rule I, I demand a vote on agreeing to Mr. NADLER. Madam Speaker, it is Flores put it best when he said pro- the Speaker’s approval of the Journal. time for someone in the Bush adminis- tecting our borders is not a partisan The SPEAKER pro tempore. The tration to be held accountable for the issue, it is a red, white, and blue issue. question is on agreeing to the Speak- leaking of the identity of a covert CIA Madam Speaker, that is just the way it er’s approval of the Journal. operative. Washington Republicans are is. The question was taken; and the already attempting to minimize in ad- f Speaker pro tempore announced that vance the special prosecutor’s findings. the ayes appeared to have it. Anyone who does not believe leaking a CHILDREN AT RISK Mr. WILSON of South Carolina. CIA operative’s identity is a serious (Mr. BLUMENAUER asked and was Madam Speaker, on that I demand the breach of national security should lis- given permission to address the House yeas and nays. ten to the words of our President’s fa- for 1 minute.)

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 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23783 Mr. BLUMENAUER. Madam Speaker, a difference in the lives of his students, and more prosperous. Once America every day on the floor, we have much and our communities are a better place came to accept that all citizens were spirited debate. Often there is some because of his efforts. equal and deserved equal opportunity agreement. But I think there is one f to build a better life, we became a thing that every Member of this Cham- stronger Nation, and our calls for free- TEMPORARY PROTECTED STATUS ber can agree, the needless loss to dom elsewhere carry more credibility, FOR PAKISTANI NATIONALS water-borne disease of a child every 15 because we grant it to all of our citi- seconds. Four children will die before I (Mr. AL GREEN of Texas asked and zens. If they free the Dalits, India’s finish my 1-minute here this morning. was given permission to address the will, too. House for 1 minute and to revise and This sum is a tragedy that we must and f should act to avert. extend his remarks.) The good news is it is something we Mr. AL GREEN of Texas. Madam OPPOSITION TO PROPOSED can change. We can make water and Speaker, I am on a mission of mercy BUDGET CUTS sanitation a cornerstone of United today to acquire temporary protected (Ms. SOLIS asked and was given per- States foreign aid policy. We have leg- status for Pakistani nationals in this mission to address the House for 1 islation moving through our House country. Madam Speaker, as we know, minute.) International Relations Committee, Pakistan has been devastated by a 7.6 Ms. SOLIS. Madam Speaker, today I passed unanimously, that would make Richter scale earthquake. Thousands rise in opposition to the proposed Re- this important change. There is legisla- upon thousands are without homes. publican budget cuts and the harmful tion on the other body, encouragingly Thousands upon thousands have died. impact that will have on women across introduced by both the majority leader There is much assistance needed. The the country. The Republican budget and the minority leader, that is par- Pakistani nationals in the country, slashes Medicaid by $10 billion, a vital allel in nature. Madam Speaker, would be given an op- program for the health and welfare of Yesterday, Chairman HYDE and I in- portunity to stay for an additional 12 women of all ages. It provides essential vited each Member of the House to join months, which would give the country care such as family planning, breast over 60 other bipartisan cosponsors to an opportunity to try to recover from and cervical cancer treatment, and add their names to H.R. 1973, the Paul the devastation that it has suffered. care for disabled women to more than Simon Water for the Poor Act. This Madam Speaker, this is a bipartisan 16 million women, including approxi- critical bipartisan legislation will en- effort. I thank all of those on both mately 10 million women of child-bear- able the United States to fulfill our sides who are supporting H.R. 4073. ing age. In California alone, in my international obligation and prevent This is the right thing for us to do. The State, over 3.7 million women of all this tragic, unnecessary loss of life Pakistani people are suffering. These ages are enrolled in Medicaid and 1.3 around the world. are our allies in the war on terrorism, million Medicaid beneficiaries are re- f and this would give us an opportunity cipients in Los Angeles County. Med- to clearly extend the hand of friendship icaid ensures that women receive a full HONORING THE LIFE OF MR. JOEL to those who have been of assistance to STUBBLEFIELD spectrum of maternity coverage, in- us. cluding prenatal, labor, delivery, and (Mr. BOOZMAN asked and was given f postpartum care. Medicaid is one of the permission to address the House for 1 largest sources of funding for women minute and to revise and extend his re- PRIME MINISTER, FREE THE DALITS over the age of 80 living in nursing marks.) homes, covering nursing home costs Mr. BOOZMAN. Madam Speaker, I (Mr. PITTS asked and was given per- and long-term care services. rise today to honor the life of a dedi- mission to address the House for 1 These facts demonstrate that Med- cated educator, Joel Stubblefield, who minute.) icaid is a significant health safety net passed away last week. Mr. Mr. PITTS. Madam Speaker, earlier program for women. The proposed Re- Stubblefield assumed the role of chan- this month a human rights conference publican budget cuts billions from cellor at the University of Arkansas, was held on Capitol Hill on the issue of Medicaid. I urge my colleagues to re- Fort Smith, in 2002. Without his vision the Dalits of India. We learned that In- ject the Medicaid budget cuts and to and efforts, that role would have never dia’s caste system was established 3,000 provide full funding for women and existed. While he always gave the cred- years ago. It allows a powerful few to their children and for the vital safety it to others, Mr. Stubblefield’s initia- dominate the many, but not everyone of children. tives transformed Westark, which was has a caste. a very successful 2-year community A group once called the Dalits, ‘‘the f college which he had been president of untouchables,’’ have none. They are b 1015 for many, many years, into a full- literally outcast, some 250 to 300 mil- fledged 4-year institution that became lion people. Often the Dalits are treat- SLOGANS, NOT SOLUTIONS, FROM part of the University of Arkansas sys- ed worse than animals, denied access to DEMOCRATS tem. water, food, health care, even clothing, (Mr. PRICE of Georgia asked and was Under his stewardship, UAFS blos- because they are deemed unworthy of given permission to address the House somed, the faculty ranks doubled, stu- these things. The vast injustice done to for 1 minute.) dent enrollment nearly doubled and these people is indescribable. The Mr. PRICE of Georgia. Madam private giving, a measure of the school Dalits are attacked not only phys- Speaker, we are at a financial cross- support, skyrocketed. He worked tire- ically, but various community mem- roads. My Republican colleagues and I lessly to accomplish these feats. In bers, sometimes even the police, attack are committed to fiscal responsibility, fact, he worked so hard that at one them. while Democrats merely propose slo- point the school’s trustees had to vote India is a great friend to America. As gans and catch phrases to hide behind to force him to take a vacation. the world’s largest democracy, it holds their tax-and-spend policies. Madam Speaker, 2 days ago I joined limitless potential; but just as slavery Over the past 3 years, Democrats over 1,000 people at the UAFS campus and the unequal treatment of African have offered amendments totaling tens to say our final good-byes to Joel Americans blemished our record for of billions of dollars of additional Stubblefield. While he may no longer much of our history, so the treatment spending and $392 billion in additional be with us, the impact he left on the of Dalits will hold our friend India taxes. That is more taxes. community of Fort Smith will remain back. A lot of these proposed spending in- literally for generations to come. He Countries that protect the rights and creases were to be financed by raising was dedicated in every way to making freedoms of all people are more stable taxes on small businesses, which means

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23784 CONGRESSIONAL RECORD—HOUSE October 26, 2005 fewer jobs. Earlier this year not a sin- and Rita delivered disastrous blows to continues to find, hopefully, a cure one gle Democrat House Member supported families and communities in the south- day. the lean budget that passed Congress, ern part of our country. But I want to encourage everybody not one. As the Federal Government fulfills to be vigilant because this is a disease Before Hurricanes Katrina and Rita, its commitment on the gulf coast, Con- that each one of us has to take care of our economy was surging, and deficits gress must make significant sacrifices our own bodies to find. I am one of were shrinking. Fact: The budget def- in other parts of the Federal budget. those that was seen by five doctors, icit shrank last year from $412 billion House Republicans are proposing sev- and I had three mammograms, and ev- to $319 billion, a decrease of nearly 25 eral commonsense reforms that will de- eryone told me I was fine and there was percent. We had 25 straight months of crease the deficit and the size of the nothing wrong. But I knew something job growth, falling unemployment, and Federal Government. was wrong because I had pain. So I per- strong growth in the economy. Instead of considering our positive severed, was able to get an ultrasound, Madam Speaker, Americans deserve proposals, House Democrats continue and they found it. and expect us to work together. I urge to rely upon their tired tax-and-spend So my message today is preventive my Democrat colleagues to move from plans that ultimately force future gen- medicine is so important, but it is especially important for each one of us as slogans to solutions. We would wel- erations to pay higher taxes. They individuals to take care of ourselves. come their productive contributions. have tried to increase Federal spending And I encourage everyone during this The American people are waiting. by billions of dollars at every stage of month, to men and women alike, be- the legislative process. Earlier this f cause men get breast cancer, too, to year not a single Democratic House ADMINISTRATION OFFICIALS get mammograms; if they know some- Member supported the lean budget that WORK TO UNDERMINE SPECIAL thing is wrong to persevere until they passed the Congress. PROSECUTOR’S INVESTIGATION find the answers. And one of these days As our Nation continues to recover we will not have to stand here because (Mr. FILNER asked and was given from these hurricanes, it is time for we will have a cure for this bad disease. permission to address the House for 1 Democrats to work with Republicans minute.) on fresh reforms that will decrease the f Mr. FILNER. Madam Speaker, it is Federal deficit, strengthen the Federal CRONYISM IN THE BUSH ADMINIS- clear that high-ranking officials in the Government, and help American fami- TRATION: APPOINTMENTS BASED Bush White House have not leveled lies. ON CONNECTIONS, NOT CREDEN- with the American people about their In conclusion, God bless our troops, TIALS involvement in the leaking of CIA and we will never forget September 11. (Ms. BERKLEY asked and was given agent Valerie Plame’s identity to re- f permission to address the House for 1 porters. FIRE ACT GRANTS minute and to revise and extend her re- When this investigation first began 2 marks.) years ago, Deputy Chief of Staff Karl (Mrs. MALONEY asked and was given Ms. BERKLEY. Madam Speaker, the Rove told ABC News that he was not permission to address the House for 1 Bush administration has systemati- involved in any way. After a steady minute.) cally abused its power by appointing stream of questions, White House press Mrs. MALONEY. Madam Speaker, we political allies rather than qualified secretary Scott McClellan said he per- as a Nation can do much better in pro- people to positions that have a direct sonally went and asked Karl Rove and tecting the American people with our effect on the safety and well-being of Scooter Libby if they were involved, limited homeland security dollars. the American people. and they both assured him that they Recently I released a report on the This dangerous practice became pain- were not. McClellan told reporters at status of the FIRE Act program, the fully evident in the devastating after- the White House press briefing on Octo- only homeland security program spe- math of Hurricane Katrina when the ber 7, ‘‘They are good individuals. cifically for firefighters, and we know incompetence and inexperience of They’re important members of our it was the firefighters on 9/11 who were FEMA Director Michael Brown led to a White House team, and that’s why I the true heroes and heroines. The sta- terribly inadequate response to natural spoke with them, so I could come back tistics in this report, which can be disaster. We now know that President to you and say that they were not in- found on my Web site, would be abso- Bush appointed Brown as a favor to a volved.’’ lutely laughable if the threats to New friend, not on his ability to do the job. Well, like much of what the White York City and other areas in America Unfortunately, this is not an isolated House says today, that is simply not were not so serious. example. A recent Time Magazine in- true. Both Rove and Libby were in- In 2004, the FIRE Act program was quiry found that in filling positions at volved in the leaking of a covert capped at $750,000 regardless of threat vital government agencies, the Bush agent’s identity. That means someone and size; yet we know that the 9/11 administration has put connections ahead of credentials. Time notes in a in this administration has a lot of ex- Commission report says that all of our September 25 article that ‘‘connec- plaining to do. homeland dollars should be targeted tions, not qualifications, have helped Madam Speaker, this is not the way specifically and only for high threat an unusually high number of Bush ap- the American people want their gov- and risk. In this report, as the Mem- pointees land vitally important jobs in ernment to be run. It is time for some- bers can see, Montana gets over $7.84 the Federal Government.’’ one to be held accountable at the per person, while high-threat, number Madam Speaker, this cronyism must White House for this outrageous abuse one threat city, New York City gets a end. Our tax dollars should pay for gov- of power. This administration of neo- mere 12 cents per person. ernment that works for everyone, not cons turns out to be an administration This is unfair. This is wrong. We can just the President’s friends. The Amer- of just plain cons. do better. ican people deserve better. f f f REPUBLICANS CALL FOR FISCAL BREAST CANCER SECURITY AGENDA RESPONSIBILITY (Mrs. MYRICK asked and was given (Mrs. BLACKBURN asked and was (Mr. WILSON of South Carolina permission to address the House for 1 given permission to address the House asked and was given permission to ad- minute.) for 1 minute and to revise and extend dress the House for 1 minute and to re- Mrs. MYRICK. October is Breast Can- her remarks.) vise and extend his remarks.) cer Awareness Month, and as a breast Mrs. BLACKBURN. Madam Speaker, Mr. WILSON of South Carolina. cancer survivor, I am very encouraged while the Democrats are working to de- Madam Speaker, Hurricanes Katrina by all the research that goes on and velop a message for the upcoming year,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23785 Republicans have more than a message. curity would be handed their walking gency will not end until we end our oc- We have an agenda: the security agen- papers. cupation and allow the decisions about da. The stonewalling and the coverup of the future of Iraq to be made in Bagh- We know that Americans have strong the White House must finally come to dad, not Washington. views on how this country ought to an end. Our country must do better. As Americans we lament the loss of run, and this Republican majority rep- The world is watching. every American life and every Amer- resents those views. We believe in fo- f ican injury and every Iraqi civilian cusing on four areas: retirement secu- casualty. We mourn the first casualties BREAST CANCER AWARENESS rity, homeland security, economic seas much as the 2,000th casualty. MONTH curity, and moral security. Now more than ever, we need to sup- We are aggressively fighting ter- (Mrs. CAPITO asked and was given port the troops. Support the troops by rorism both here at home and abroad permission to address the House for 1 bringing them home. to strengthen our national and home- minute and to revise and extend her re- f land security. We continue to work to marks.) IN SPECIAL RECOGNITION OF THE be certain that our seniors are taken Mrs. CAPITO. Madam Speaker, Octo- PATRIOTISM OF KATELIN RICH- care of and provided for in their retire- ber is Breast Cancer Awareness Month. TER OF WATERTOWN, MIN- ment years. We are working to keep In West Virginia alone, 270 women will NESOTA taxes low, regulation light, and shrink lose their lives to breast cancer in 2005 the growth of government to be certain while an estimated 1,410 new cases will (Mr. KENNEDY of Minnesota asked that our economic security is not be diagnosed. and was given permission to address threatened. The impact of breast cancer goes well the House for 1 minute and to revise Madam Speaker, we want to preserve beyond the individual to impact her and extend his remarks.) the right of every American to worship family, her friends, as well as change Mr. KENNEDY of Minnesota. Madam as we choose, defend the sanctity of the path in life the woman is leading. Speaker, I rise today to recognize 16- marriage, and we are fighting to ad- Regular breast self-examinations, year-old Katelin Richter, a student at vance the culture of life in order to mammograms, and regular visits with Watertown-Mayer High School in my guard our Nation’s moral security. a doctor give a woman her greatest hometown. Madam Speaker, Republicans are fo- chance for overcoming breast cancer. Katelin recently wrote an essay on cused on these security issues. We These reasons are why women, espe- the importance and relevance of the know this is an agenda where the cially women over 50 and women who Pledge of Allegiance, which was pub- American people join us in the actions have a history of breast cancer, should lished in a large newspaper in our home they would like to see. visit their doctor regularly. My hus- State. The theme of Katelin’s essay is f band Charlie lost his mother and his that the language of the Pledge of Alle- aunt to breast cancer over 30 years ago. giance is the core values held by Amer- WHITE HOUSE STONEWALLING OF Since that time advancements in treat- icans, that we are one Nation under VALERIE PLAME LEAK INVES- ment and educational efforts have in- God, and that it should not be attacked TIGATION creased the 5-year survival rate to 98 by activist judges. (Ms. LEE asked and was given per- percent if the cancer is found and I think she is right. mission to address the House for 1 treated before it spreads. Madam Speaker, it is my privilege to minute.) As this Republican-led Congress con- recognize the patriotism of Katelin Ms. LEE. Madam Speaker, sadly, tinues its commitment to fund re- Richter. It is through young voices 2,000 American troops have now died in search efforts, we must also continue such as hers that our great Nation will Iraq due to a war based on fabrications efforts to educate women and ensure remain strong. of weapons of mass destruction in Iraq. they have access to proper health care. f Two years have passed since the Bush We owe it to thousands of women, and CRONYISM IN THE BUSH ADMINIS- White House breached national secu- their families, we have lost to breast TRATION: DAVID SAFAVIAN, THE rity by leaking a covert CIA agent’s cancer. We owe it to ourselves and our MICHAEL BROWN OF PROCURE- name to reporters to smear a former daughters for their futures. MENT ambassador who questioned their mis- f leading case for war. Why has Presi- (Mr. OWENS asked and was given dent Bush not acted on this reprehen- THE SAD MILESTONE OF 2,000 U.S. permission to address the House for 1 sible act? TROOPS KILLED IN IRAQ minute and to revise and extend his re- Anyone who follows the news now (Mr. KUCINICH asked and was given marks.) knows that the White House Deputy permission to address the House for 1 Mr. OWENS. Madam Speaker, to- Chief of Staff Karl Rove is implicated minute and to revise and extend his re- gether Americans can do better in in leaking Valerie Plame’s identity to marks.) showing Iraq and the rest of the world Time reporter Matthew Cooper. We Mr. KUCINICH. Madam Speaker, we how true democracy will not tolerate also know that it was the Vice Presi- mark another sad and tragic milestone corruption. We must set better exam- dent’s Chief of Staff, Scooter Libby, at in the war in Iraq. Two thousand Amer- ples than the Bush administration has the heart of charges leaking Plame’s ican soldiers have been killed in the set. identity to New York Times reporter war in Iraq. One glaring example of Bush corrup- Judith Miller. We must end this war. How many tion came when President Bush nomi- Two years ago the White House press more of America’s finest have to die for nated a former lobbyist, David secretary told reporters, ‘‘If anyone in this war before we realize that the Safavian, as the Chief Procurement Of- this administration was involved in it, quagmire in Iraq cannot be solved by ficer for the Federal Office of Manage- they would no longer be in this admin- military force, and that our occupation ment and Budget. Mr. Safavian had istration.’’ But that was before it was is counterproductive? limited experience with procurement clear that Karl Rove was indeed in- Iraq has been a colossal failure of when President Bush chose him for volved. President Bush now says staff- American policy. From the beginning that powerful position. What he did ers will only be fired if they committed this administration has waged a cam- have, however, were strong connections a crime. paign of misinformation and has con- to powerful Republican lobbyist Jack Talk about lowering the bar. The tinued to deliberately mislead the pub- Abramoff. The two lobbyists, Safavian Bush administration was right at first lic and this Congress about the reali- and Abramoff, shared clients at the when it said that anyone involved in ties on the ground. The truth is that firm where they worked in the early this serious breach of our national se- Iraq will never be free and the insur- 1990s. Later, through his position at

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23786 CONGRESSIONAL RECORD—HOUSE October 26, 2005 the GSA, Safavian helped Abramoff and now they are the party of fiscal re- spent hundreds of billions of dollars on lease Federal property for office space. sponsibility, and, oh, it is those poor this war. We are bankrupting our Na- In exchange, Abramoff took Safavian working people they are concerned tion. on an expensive golf trip to Scotland. about. Except what they do not talk Great nations, Mr. Speaker, sometimes make mistakes, as I believe we b 1030 about is the tax cuts they are talking about, the ones that would cost $70 bil- have done in this case. This war was a Not surprisingly, Mr. Speaker, David lion and increase the deficit, flow pre- mistake. It is wrong; let us fix it. Safavian was arrested last month for dominantly to people who earn over America can do better. Not one more obstructing a Federal examination into $300,000 a year, mostly over $1 million a dollar, not one more death. Jack Abramoff’s questionable business year, and to estates worth more than $6 f dealings with Washington Republicans. million. That is the hard-working fam- ENDING FRIVOLOUS LAWSUITS At the time of his arrest, Mr. Safavian ilies they are worried about, one-tenth was a multibillion-dollar Hurricane of 1 percent of the people in America. (Mr. CARTER asked and was given Katrina contract awardee. Well, I am worried about the rest of permission to address the House for 1 Together, America, we can do better. America who are getting screwed by minute and to revise and extend his remarks.) f these kinds of priorities. Mr. CARTER. Mr. Speaker, as a FISCAL RESPONSIBILITY f State district judge for over 20 years in (Mr. GINGREY asked and was given GOVERNMENT ECONOMIC GROWTH Texas, I presided over my fair share of permission to address the House for 1 POLICIES WORKING frivolous lawsuits. I have seen first- minute and to revise and extend his re- (Mr. HENSARLING asked and was hand the effect they have on small marks.) given permission to address the House businesses and families. The current tort system is costing Mr. GINGREY. Mr. Speaker, I rise for 1 minute and to revise and extend Americans over $200 million a year. today as a fiscal conservative, and, his remarks.) Small businesses rank the cost and more importantly, as a Member who Mr. HENSARLING. Mr. Speaker, we availability of liability insurance as believes in making the tough choices are soon going to debate how we pay second only to the cost of health care and tightening the belt of the Federal for the relief for the devastating hurri- as their top priority. Both problems budget. Every American family knows canes that hit our gulf coast. There are that you do not spend money on big are fueled by frivolous lawsuits. only three ways: Either, number one, Frivolous lawsuits make small busi- purchases unless you have a way to pay we are going to raise taxes yet again nesses and workers suffer. This year for it. Yet our Federal Government on the American people; number two, the Nation’s oldest ladder manufac- does this every day. we are going to pass debt on to our turer, family-owned John S. Tilley There are two ways to get our fiscal children; or, number three, we are Ladders Company of New York, filed house back in order: we can raise taxes, going to moderate the growth of the for bankruptcy protection and sold off as some of our colleagues across the Federal budget so that families do not most of its assets due to litigation aisle have suggested; or we can rein in have to moderate the growth of their costs. government spending. Well, we Repub- budget. Founded in 1855, the Tilley firm could licans believe that American families Now, you have heard the Democrats not handle the cost of liability insur- already pay too high a price in taxes, claim that somehow the Republicans ance, which had risen from 6 percent of and we know that there are too many want to cut, slash, and burn the Fed- sales a decade ago to 29 percent, even places where our bureaucracy is bloat- eral budget. Since I have been on the though the company never lost an ac- ed and our programs are redundant and face of the planet, the Federal budget tual court judgment. ‘‘We could see the ineffective. has grown seven times faster than the handwriting on the wall and just want So rather than making the American family budget. How much Federal Gov- to end this whole thing,’’ said Robert taxpayers shoulder the burden of exces- ernment do we need? And even if we Howland, a descendant of the founder, sive Federal spending, I say we put the offset all of this hurricane spending, John Tilley. weight on ourselves, the Congress, and what most people view as mandatory Mr. Speaker, let us put an end to work our hardest to cut the fat out of welfare spending will end up growing at frivolous lawsuits that are ruining the the Federal budget. 6.3 percent, instead of 6.4 percent. American Dream. I believe that government should tai- Compassion for the poor is not meas- f lor its spending to accommodate lower ured by the number of government taxes, rather than tailoring its taxes to checks you print. It is measured by the PRIORITIZING CUTS IN FEDERAL accommodate higher spending called number of jobs you create. Under tax COVERAGE OF HEALTH CARE for by the Democrats. Now is the time relief policies and economic growth (Mr. OBEY asked and was given per- to treat our Federal budget as we policies of this administration and this mission to address the House for 1 would our household budget. We need Republican Congress, we have created minute and to revise and extend his re- to make the tough decisions. over 4 million new jobs so that families marks.) f can go out and do their spending and Mr. OBEY. Mr. Speaker, I note that create their American Dream. the majority party is considering a WORRYING ABOUT THE REST OF f number of actions to cut spending, in- AMERICA cluding actions to cut back child (Mr. DEFAZIO asked and was given TIME TO END IRAQ WAR health care under Medicaid and includ- permission to address the House for 1 (Mr. MCGOVERN asked and was ing actions to cut back SSI payments minute and to revise and extend his re- given permission to address the House to disabled Americans. marks.) for 1 minute and to revise and extend I wonder if some of those same Mem- Mr. DEFAZIO. Mr. Speaker, that was his remarks.) bers of Congress would be willing to an interesting speech, but it defies re- Mr. MCGOVERN. Mr. Speaker, today eliminate Federal coverage for health ality. If the government eliminated we mark another sad milestone in our care for Members of Congress before every general fund program, every- involvement in Iraq with the an- they reach down to the low-income thing the government does except the nouncement that 2,000 Americans have groups in this society and cut their Department of Defense, guess what? We died. health care. It seems to me that if you would still have a deficit. We would It is time to end this war. This war are going to start by cutting health still be borrowing money. was based on fiction: there were no care benefits anywhere, we ought to The Republicans are borrowing $1.2 weapons of mass destruction, no ties to start right on this floor, with the peo- billion a day to run the government, al Qaeda, no imminent threat. We have ple who work here.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00108 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23787 FREEDOM IS WINNING, Mr. KINGSTON. Mr. Speaker, ‘‘To- But here is my answer: put the TERRORISM IS LOSING IN IRAQ gether We Can Do Better.’’ That is the money back. If you just put the money (Mr. PENCE asked and was given per- new motto of the Democrat Party. back into Social Security, we will be mission to address the House for 1 Well, you can judge the future by their okay. minute and to revise and extend his re- past, and let us see how they did in the f marks.) past. Social Security, take an issue. What APPOINTMENT OF CONFEREES ON Mr. PENCE. Mr. Speaker, it has been was their solution? Still waiting. No H.R. 2419, ENERGY AND WATER asked in some shrill tones this morning solution. Hello Democrat Party, put it DEVELOPMENT APPROPRIATIONS on the floor of this Congress, 2,000 on the board. You did not like our solu- ACT, 2006 American casualties in Iraq, and what tion? What is your better solution? do we have to show for it? Mr. HOBSON. Mr. Speaker, pursuant Taxes? You do not like tax cuts. The to clause 1 of rule XXII and by direc- Well, I would offer very humbly, government knows how to spend your what we have to show for it is a diction of the Committee on Appropria- money better than you do. And when tions, I move to take from the Speak- tator behind bars, a terrorist haven tax revenues went up $94 billion be- vanquished, 100,000 Iraqis in uniform er’s table the bill (H.R. 2419) making cause of our tax cuts creating new jobs, appropriations for energy and water de- with another 100,000 yet being trained what did the Democrats have to say? velopment for the fiscal year ending in the next year, millions freed from We just do not like tax cuts. September 30, 2006, and for other pur- tyranny, national elections in January, Fiscal responsibility. Now they have and, as the headlines today attest, a a chance. We know in the Committee poses, with a Senate amendment there- constitution ratified in a new, free, and on Appropriations they have offered $61 to, disagree to the Senate amendment, democratic Iraq. That is what we have billion in spending increases in the last and agree to the conference asked by to show for it. 3 years. Now is their chance to show the Senate. Because of the ongoing sacrifices of ‘‘we did not mean it.’’ They can do bet- The Clerk read the title of the bill. the American soldier, those at their ter. The SPEAKER pro tempore (Mr. post and those in glory, and their fami- 9/11, what was their response? Whin- HEFLEY). The question is on the motion lies, freedom is winning, terrorism is ing and pining and hand-wringing, say- offered by the gentleman from Ohio losing in Iraq. ing, Why do they hate us? That is what (Mr. HOBSON). The motion was agreed to. f we must find out. Iraq, well, let us turn Iraq over to A motion to reconsider was laid on CAPTAIN JAMES R. JONES Cindy Sheehan. She should run our for- the table. (Ms. FOXX asked and was given per- eign policy. The SPEAKER pro tempore. Without mission to address the House for 1 Together we can do better? I think objection, the Chair appoints the fol- minute and to revise and extend her re- they ought to look at ‘‘together we can lowing conferees: Messrs. HOBSON, marks.) be bitter, bitter and angry.’’ FRELINGHUYSEN, LATHAM, WAMP, Mrs. Ms. FOXX. Mr. Speaker, I rise today f EMERSON, Messrs. DOOLITTLE, SIMPSON, to pay tribute to Vietnam War hero REHBERG, LEWIS of California, VIS- DEFENDING CRITICISM AGAINST CLOSKY, EDWARDS, PASTOR, CLYBURN, Captain James R. Jones, who gave his DEMOCRATS life for his country. This past weekend, BERRY, and OBEY. (Mr. FRANK of Massachusetts asked I had the pleasure to award the late There was no objection. and was given permission to address Captain Jones the Purple Heart for his f the House for 1 minute and to revise bravery and courage. and extend his remarks.) PROVIDING FOR CONSIDERATION Captain Jones was an extraordinary Mr. FRANK of Massachusetts. Mr. OF H.R. 1461, FEDERAL HOUSING man. Born in Surry County, North Speaker, I do not want the gentleman FINANCE REFORM ACT OF 2005 Carolina, in 1939 to Buster and Myrtle from Georgia to wonder all day about Jones, Captain Jones received degrees Mr. SESSIONS. Mr. Speaker, by di- some of these things, so I have one an- rection of the Committee on Rules, I with honor from J.J. Jones High swer and one correction. School in Mount Airy, A&T College in call up House Resolution 509 and ask Our response to 9/11, the gentleman’s for its immediate consideration. Greensboro, and a dentistry degree memory seems to be failing him, was from Howard University. Upon his The Clerk read the resolution, as fol- to vote virtually unanimously with lows: graduation in 1964, he was commis- only one dissent to invade Afghanistan H. RES. 509 sioned as a captain under the ROTC and put an end to that regime. I am program and subsequently entered sorry we were not able to catch Osama Resolved, That at any time after the adop- military service. tion of this resolution the Speaker may, pur- bin Laden. But I have heard few distor- suant to clause 2(b) of rule XVIII, declare the In 1967, he was assigned to a small tions as great as to say that our re- dental clinic at an outlying base in House resolved into the Committee of the sponse to 9/11 was whatever he said. In Whole House on the state of the Union for Vietnam. Sadly, his care would never fact, we all but one on this side voted consideration of the bill (H.R. 1461) to reform be received. The aircraft he was on to go to war in Afghanistan. Now, that the regulation of certain housing-related board crashed soon after takeoff and may seem a triviality to him, but it Government-sponsored enterprises, and for caught fire. Everyone on board per- seems to me that that was a very use- other purposes. The first reading of the bill ished. Captain Jones is remembered ful response. shall be dispensed with. All points of order today for his commitment to his fellow Secondly, the gentleman wants to against consideration of the bill are waived. General debate shall be confined to the bill man and his country. know what is our answer to Social Se- Mr. Speaker, Captain James R. Jones and shall not exceed one hour equally di- curity. It is very simple: put the money vided and controlled by the chairman and is to be commended for his bravery, his back. If Social Security receives every ranking minority member of the Committee fierce determination, and his patriot- dollar which has been paid into Social on Financial Services. After general debate ism. His self-sacrifice should be a tes- Security and the interest that it is le- the bill shall be considered for amendment tament to us all. gally entitled to receive on that, it is under the five-minute rule. It shall be in f fully funded until sometime in the order to consider as an original bill for the 2040s. purpose of amendment under the five-minute BEING BITTER AND ANGRY Now, having spent some of the Social rule the amendment in the nature of a substitute recommended by the Committee on (Mr. KINGSTON asked and was given Security surplus for the war in Iraq, Financial Services now printed in the bill. permission to address the House for 1 for tax cuts for the very wealthy, the The committee amendment in the nature of minute and to revise and extend his re- President now says, Well, those are a substitute shall be considered as read. All marks.) just IOUs. We do not have the money. points of order against the committee

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23788 CONGRESSIONAL RECORD—HOUSE October 26, 2005 amendment in the nature of a substitute are in the report and provides one motion portfolio holdings, to approve new pro- waived. Notwithstanding clause 11 of rule to recommit with or without instruc- grams and business activities, to man- XVIII, no amendment to the committee tions. date prudent management and oper- amendment in the nature of a substitute Mr. Speaker, I rise today in strong ational standards, to take prompt cor- shall be in order except those printed in the report of the Committee on Rules accom- support of this rule and the underlying rective and enforcement actions, and panying this resolution. Each such amend- legislation, H.R. 1461, the Federal to put critically undercapitalized GSEs ment may be offered only in the order print- Housing Finance Reform Act of 2005. into receivership, to require corporate ed in the report, may be offered only by a This bill, cosponsored by my good governance improvements, and, lastly, Member designated in the report, shall be friend, Chairman RICHARD BAKER, was to hire examination and accounting ex- considered as read, shall be debatable for the accepted at its full committee markup perts. time specified in the report equally divided last May and reported to the House by This legislation also establishes an and controlled by the proponent and an op- an overwhelming bipartisan vote of 65 Affordable Housing Fund, based on the ponent, shall not be subject to amendment, to 5. This balanced rule under debate Affordable Housing Program already in and shall not be subject to a demand for divi- place for the Federal home loan banks. sion of the question in the House or in the makes in order a manager’s amend- Committee of the Whole. All points of order ment and an equal number of addi- Fannie Mae and Freddie Mac will now against such amendments are waived. At the tional amendments from Members of have the opportunity to manage afford- conclusion of consideration of the bill for both sides of the aisle, with four Re- able housing programs funded by a per- amendment the Committee shall rise and republican and four Democrat amend- centage of their earnings. These funds port the bill to the House with such amendments also made in order. will be awarded through a competitive ments as may have been adopted. Any Mem- The purpose of this legislation is sim- application process to for-profit build- ber may demand a separate vote in the ple: to provide for the creation of a ers, State housing agencies, and non- House on any amendment adopted in the world-class regulator to oversee the profit organizations; and, this fund will Committee of the Whole to the bill or to the streamline HUD’s current affordable committee amendment in the nature of a housing government-sponsored entities substitute. The previous question shall be that help make America’s mortgage housing goals for the GSEs to meet considered as ordered on the bill and amend- and capital markets the envy of the pressing needs in low-income and rural ments thereto to final passage without inter- world. communities. vening motion except one motion to recom- Currently, approximately 70 percent Under this rule we also have the op- mit with or without instructions. of American households own their own portunity to discuss a manager’s The SPEAKER pro tempore. The gen- home, a fact that is due in no small amendment to this legislation, which tleman from Texas (Mr. SESSIONS) is part to the liquid and strong capital makes a significant number of im- recognized for 1 hour. markets that allow families to achieve provements to the bill. Chief among the American dream of homeownership these is the recognition that Congress b 1045 at rates never seen before. must provide strong, market-based in- Mr. SESSIONS. Mr. Speaker, for the But the same GSEs that help to drive centives to rebuild the devastated gulf purpose of debate only, I yield the cus- high ownership rates are also among coast region in the wake of Hurricanes tomary 30 minutes to the gentleman the largest U.S. financial institutions, Katrina and Rita. The manager’s from Massachusetts (Mr. MCGOVERN), with approximately $2.5 billion in as- amendment will ensure that during the pending which I yield myself such time sets. Between the two largest GSEs, first 2 years, additional weight will be as I may consume. During consider- Fannie Mae and Freddie Mac, nearly given to Hurricane Katrina and Rita ation of this resolution, all time yield- half the residential market is either disaster areas and to those families af- ed is for the purpose of debate only. owned or guaranteed. Because of their fected by these catastrophes. Priority This structured rule provides for 1 size and potential to have a dispropor- will be given for other disaster areas hour of general debate, equally divided tionate impact on America’s capital and to areas of greatest impact and ge- and controlled by the chairman and markets, they require strong and effec- ographic diversity. The manager’s amendment also rec- ranking minority member of the Com- tive oversight of their operations. The ognizes the need for fast action in the mittee on Financial Services. It waives Federal Housing Finance Reform Act, gulf region, and speeds up the effective all points of order against consider- brought forth by Chairman MIKE dates of this legislation from 1 year to ation of the bill, and provides that the OXLEY and Chairman RICHARD BAKER, amendment in the nature of a sub- 6 months after enactment. Finally, the will accomplish this goal. manager’s amendment sunsets the fund stitute recommended by the Com- This bill will provide for the contin- after 5 years, at which point the Direc- mittee on Financial Services now ued strength of our mortgage markets tor will report to Congress on whether printed in the bill shall be considered by creating a new, world-class regu- funds should be extended or modified to as an original bill for the purpose of lator with strong safety and soundness improve its efficiency and effectiveness amendment and shall be considered as and mission powers to oversee these so that Congress can exercise appro- read. It waives all points of order GSEs. It merges the Office of Federal priate oversight of this new program. against the amendment in the nature Housing Enterprise Oversight, which Mr. Speaker, I strongly support this of a substitute and makes in order only currently regulates Fannie Mae and legislation to reform and improve over- those amendments printed in the Rules Freddie Mac, with the Federal Housing sight of housing GSEs, and I would like Committee report accompanying the Finance Board, which currently regu- to thank Chairman RICHARD BAKER and resolution. lates the Federal home loan banks, Chairman MIKE OXLEY and their col- It provides that the amendments into a single entity. This new entity, leagues on the Financial Services Com- made in order may be offered only in the Federal Housing Finance Agency, mittee for their hard work on this im- the order printed in the report, offered will be headed by a Director who is ap- portant legislation. I encourage my only by a Member designated in the re- pointed by the President and confirmed colleagues to support this fair and bal- port, shall be considered as read, and by the Senate. It will also be comprised anced rule and the underlying legisla- shall be debatable for the time speci- of an advisory board, represented by tion. fied in the report equally divided and the Department of the Treasury, HUD, Mr. Speaker, I reserve the balance of controlled by the proponent and oppo- and two nongovernmental members. my time. nent. They shall not be subject to This regulator will be empowered to Mr. MCGOVERN. Mr. Speaker, I want amendment, and shall not be subject to ensure the safety and soundness of to thank the gentleman from Texas a demand for a division of the question GSEs through a number of increased (Mr. SESSIONS) for yielding me the cus- in the House or in the Committee of powers similar to ones already given to tomary 30 minutes, and I yield myself the Whole. bank regulators, including the ability 51⁄2 minutes. Finally, the rule waives all points of to determine minimum and risk-based Mr. Speaker, I rise today in opposi- order against the amendments printed capital standards, to review and adjust tion to this restrictive rule and to the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23789 manager’s amendment made in order It is worth noting that for-profit to help the poorest of Americans to re- under the rule. H.R. 1461, the Federal companies are exempt from these receive affordable housing, they acted to Housing Finance Reform Act, as restrictions. Why would we protect com- restrict access to a proposed affordable ported out of the Committee on Finan- panies from these restrictions, and im- housing fund. When the Republican cial Services, was a thoughtful, reason- pose them on low-income and faith- leadership had a chance to stand up for able, bipartisan piece of legislation. As based communities, the very people people who do not have a voice, for peo- evidenced by the 65–5 committee vote who this legislation is supposed to em- ple who need help making ends meet, in favor of the bill on May 25, H.R. 1461 power? I would ask my colleagues, they made a conscious decision to turn clearly has the support from both what do you have against faith-based their backs on them. Democrats and Republicans. organizations? We need to enhance ac- Mr. Speaker, at the heart of this de- Chairman OXLEY and Ranking Mem- cess to affordable housing, not reduce bate is the ability to provide affordable ber FRANK worked together to craft bi- it. housing and access to voting for low- partisan legislation that provides real Mr. Speaker, these restrictions are income families. One of the icons of the oversight and a stronger, more power- undemocratic. They are part of a pat- civil rights movement, Rosa Parks, ful regulator for Freddie Mac, Fannie tern by the extreme right in the Re- died on Sunday. We all mourn her pass- Mae, and the Federal home loan banks. publican Party in an attack on poor ing. But it is hard not to see the irony The Federal Housing Reform Act, as people. They are written with the in- that 2 days after her death, we are reported out of the committee in May, tent to deny poor people the access to going to debate and vote on a bill that is the kind of legislation that the vote. These provisions are a direct af- will restrict the ability of the poor to Framers intended Congress to pass. front on the democratic principles have access to affordable housing and Not only is it legislation that will do upon which this country was founded. to vote in democratic elections in this good and will improve people’s lives, it It seems clear that these restrictions country. is legislation that was created out of are unconstitutional. They would re- This is a lousy way to run this Con- bipartisan negotiations and com- quire any organization that wanted to gress. I urge my colleagues to vote promise. receive funding from the Affordable against this undemocratic and restric- I commend Chairman OXLEY and Housing Fund to sacrifice their free- tive rule. Ranking Member FRANK for their ac- dom of assembly, which protects their Mr. Speaker, I reserve the balance of tions on the Financial Services Com- right to associate with one another in my time. mittee and for producing an excellent groups for economic, political, or reli- Mr. SESSIONS. Mr. Speaker, it is bill. gious purposes. right out there in front of everybody: But, Mr. Speaker, it is clear that the We can provide and expand the af- Republicans are good on policy and, Republican leadership cannot handle fordable housing market without evidently, the Democrats do not like bipartisan success. Despite over- trouncing on the Bill of Rights. Just as the politics. The policy is what this Fi- whelming bipartisan support in com- easily as these restrictions were added nancial Services Committee is all mittee, the Republican leadership held into the legislation, they can be re- about. That is why they produced this the bill hostage for 5 months, merely moved without affecting the goals of great bill. because a radical faction of their party the Affordable Housing Fund or the I am pleased to yield 3 minutes at opposes affordable housing and, specifi- overall legislation. this time to the gentleman from Flor- cally, opposes the Affordable Housing A multitude of organizations across ida (Mr. FEENEY) who serves on that Fund included in the bill. the country, ranging from the United committee. Unfortunately, after being strong- States Conference of Catholic Bishops b 1100 armed by the Republican Study Com- to the National Alliance to End Home- mittee, the Republican leadership lessness, have expressed their strong Mr. FEENEY. Mr. Speaker, I want to forced changes that not only weakened disapproval of these egregious provi- thank the gentleman from Texas for the Affordable Housing Fund provision, sions. For one reason, these groups re- yielding me this time. but will actually restrict the ability of alize how harmful these restrictions I want to speak in favor of the man- low-income people from voting in fu- would be toward fighting homelessness. ager’s amendment, if it is adopted, cer- ture elections. Here is the deal: They Homelessness cannot be combatted tainly a great and important bill, and have a manager’s amendment that has unless our Nation’s affordable housing the rule itself. some very good things in it, but tucked stock is increased. Affordable housing The actual truth of the matter is in that manager’s amendment there is cannot be expanded if we bar non- that housing ownership in America is included some language that many of profits and community organizations at an all time high. This Congress and us find offensive. And the gentleman from tapping into the appropriate re- this President have established policies from Massachusetts, the ranking mem- sources. that allow virtually every American ber of the Financial Services Com- Mr. Speaker, affordable housing that has a job to find a way, if they de- mittee, wanted to have an amendment should not be a partisan issue, but, un- sire, to own a home. made in order to strike that offensive fortunately, the Republican leadership The GSEs, Fannie Mae and Freddie language and was denied that oppor- has made it so. The battle against Mac, have played an important part in tunity last night in the Rules Com- homelessness and the expansion of af- that. They provide liquidity in the sec- mittee. fordable housing needs to be addressed ondary market so that there are more The language that I am talking through a coordinated effort between opportunities for people to borrow at about specifically denies faith-based the government and nonprofit and relatively low rates of interest. We and nonprofit groups from funding sim- faith-based communities. This lan- ought to preserve that system, and we ply if they express their first amend- guage in this manager’s amendment se- ought to protect that system. ment rights. Under these restrictions, verely restricts the ability of afford- These are enormous entities. Fannie any nonprofit community group, or able housing professionals to fulfill alone is $1.7 trillion in terms of assets, church would be ineligible to receive their role. and both of these entities had some ac- funding if either they or their ‘‘affili- After Hurricane Katrina, President counting troubles. The gentleman from ates’’ have engaged in nonpartisan Bush and the leadership in the House Ohio (Mr. OXLEY) and the gentleman voter registration and get-out-the-vote talked about the need to help poor from Louisiana (Mr. BAKER) have led activities. Furthermore, affiliation is Americans rise out of poverty. They the way so that we can reform and defined so broadly that it includes hav- talked about improving people’s lives. have appropriate oversight for those ing overlapping board members sharing Well, Mr. Speaker, their actions clear- enormous, but important, entities that physical space or other public commu- ly do not match their rhetoric. When help the housing market in America nications. the Republican leadership had a chance flourish.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23790 CONGRESSIONAL RECORD—HOUSE October 26, 2005 The question here today is whether strongly opposes the language in the Housing Funds are protected from inappro- the rule ought to be adopted. Some of manager’s amendment. priate use by grantees. our friends on the other side are very The proposed Affordable Housing Fund to CATHOLIC CHARITIES USA, be created under H.R. 1461 is sorely needed, upset, because rather than providing Alexandria, VA, October 25, 2005. especially in the devastated Gulf Coast re- money for bricks and mortar, what Hon. JAMES P. MCGOVERN, gion where hundreds of thousands of families they would like to do is to provide House of Representatives, Cannon House Office have not been able to return to their homes. money for politics. They want to allow Building, Washington, DC. In such challenging times, it would be unfor- DEAR CONGRESSMAN MCGOVERN: On behalf tunate if experienced faith-based organiza- folks that engage in political activity, of Catholic Charities USA, the national asso- tions and non-profits that have performed including voter registration, to have ciation of Catholic social services agencies laudably in meeting the needs of these sur- access to money that otherwise would and institutions serving over seven million vivors would be barred from participation in go to low-interest loans or to help af- people in need every year, I urge you to sup- funding that would help meet critical hous- port H.R. 1461, the Federal Housing Finance fordable housing builders at the local ing needs. Reform Act of 2005, and to oppose amend- level actually build bricks and mortar. Sincerely, ments that would prevent experienced faith- People that want a home do not need REV. LARRY SNYDER, based and community-based organizations a lobbyist; they do not want a politi- President. from successfully competing for the proposed cian. They want somebody that will ac- 1 affordable housing funds. Mr. Speaker, I yield 3 ⁄2 minutes to tually build them, with the sticks and We strongly support the creation of the the gentleman from Maryland (Mr. the bricks and the mortar, a home to housing funds and are convinced that this HOYER). live in. That is what this fight is about. initiative would increase the development of Mr. HOYER. Mr. Speaker, the prob- One of the largest advocates, the affordable housing, but we have learned that lem is, I tell the former Speaker from groups that the other side would like the Rules Committee will be asked to put in the Florida legislature, you do not to have receive up to 2 or $3 billion this order a managers’ amendment to bar organi- have the courage of your convictions fund may reach in the next 5 years, is zations with proven experience in mobilizing community support and resources. on your side. You are not prepared to a group called ACORN. We applaud efforts to develop additional put your proposition to a democratic Now, ACORN is an important group. non-governmental funding resources to sup- vote on your side. They are a first amendment group. The port affordable housing efforts that will be Mr. Speaker, once again this House gentleman is right. They have every cost neutral to the federal budget. At the majority is resorting to heavy-handed right to participate in first amendment same time, we oppose limiting language that tactics that are designed to do one activity, but not with money that we essentially bars non-profits whose mission thing only, to achieve a preordained re- give them from Congress. Thomas Jef- extends beyond the provision of affordable sult by shutting down a full and fair ferson said that to force a man to con- housing. Not only our Catholic Charities agencies, but many religious orders and debate in this House. tribute to a cause in which he does not some parishes, whose missions are serving Let me remind my colleagues what believe is the definition of tyranny. the poor and vulnerable in their commu- the chairman of the Rules Committee, We want to build homes. They want nities, develop and manage very effective af- Mr. DREIER, said on this floor 12 years to buy liberal lobbyists and politicians. fordable housing programs alongside pro- ago, in March 1993: ‘‘Frankly, it seems That is what this debate is about. grams that provide food, clothing, coun- to me that the process of representa- ACORN had a game plan in the year seling, and other health and social services. tive government means that a person 2003 in Florida. By the way, they do These agencies should not be barred from af- who represents 600,000 people here this in many other competitive States. fordable housing funds simply because their primary purpose goes beyond affordable should have the right to stand up and ACORN wanted to register voters. housing. put forth an amendment and then have They argued to the public that this was In addition, we oppose amendments that it voted down if it is not supportable. about support for a minimum wage restrain non-profits from receiving these We are simply asking that we comply constitutional amendment in Florida. funds if they are engaged in any non-par- with the standard operating rules of But their three bottom-line goals tisan voter registration activities, even if this House.’’ here are very important. Increasing the these activities are funded by their own re- Why will you not do that today? Be- minimum wage was the least impor- sources. One of the strengths of our demo- cause you do not have the confidence tant thing as part of their voter reg- cratic system has been the almost universal involvement of community-based and reli- you have the votes. Again, today, the istration drive. What they argued to gious organizations in encouraging all citi- gentleman from California (Mr. contributors, who have the right to zens to register and vote. National religious DREIER) and his Republican colleagues contribute to this activity, who we bodies, regional bodies, such as Catholic dio- are violating their own promise to should not force probably to contribute ceses, and local congregations throughout allow free and fair debates. It is an- to this activity, is they had three the country organize voter registration ef- other stark example of the arrogance goals. And I want to read these into the forts and provide transportation to the polls of power and the abuse of power. RECORD. for isolated seniors and people with disabil- This Republican majority has ities. Non-profits with expertise in housing The goals of this campaign are three- blocked Mr. FRANK’s amendment, as should not have to choose between two fold: To increase voter turnout of equally important missions: supporting full well as other Democratic amendments, working class, mainly Democratic vot- participation in our democracy and pro- and thus stifled, shut down, democracy ers without increasing opposition turn- viding affordable housing. and stifled debate. out; number two, to increase the power While this Administration has worked dili- The manager’s amendment, among of progressive constituencies by mov- gently to remove barriers to full participa- other provisions, will prohibit non- ing a mass agenda, putting together tion in federal programs and funding by profit organizations from using their the capacity to get on the ballot and faith-based organizations, these amendments own funds, I tell the gentleman from win and by putting our side on the of- would bar these very same groups from being Florida, their own funds, from voter considered for this funding while for-profit fensive; number three, to deliver a agencies remain free to engage in these same registration drives or get-out-the-vote wage increase to hundreds of thousands voter activities. We are puzzled and troubled activities for a period beginning 12 of Floridians. That was an after- by the double standard being applied to months before a grant application until thought. faith-based and non-profit organizations. it is over. Chairman OXLEY and Chairman Existing limits in H.R. 1461 on activities Mr. Speaker, it is outrageous that BAKER have fashioned a great com- that qualify for affordable housing funds pre- this House would take such an action, promise. Let us build homes. Let us vent abuse of this funding. In addition, any action that would inhibit or pre- Catholic Charities agencies routinely sign vent anyone from engaging in non- pay for bricks and mortar. Let us not certifications to receive federal, state, and pay for a liberal lobbyist. local government funds that prohibit diver- partisan voter registration, unless, of Mr. MCGOVERN. Mr. Speaker, I in- sion of program funds for political and lob- course, you fear the wrath of the voters clude in the RECORD the following let- bying purposes. There are multiple vehicles in response to your abuse of power. Let ter from Catholic Charities USA, which available to ensure that the new Affordable us be clear. This provision is nothing

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23791 more than a transparent attempt to the time that the committee brought it also likely Democratic voters, is a funda- disenfranchise voters who otherwise forward. mental part of a winning strategy in Florida. may not register to vote. Mr. FRANK of Massachusetts. Mr. Florida ACORN is building a coalition, called Floridians for All, that will unite The gentleman mentioned the Catho- Speaker, will the gentleman yield? labor unions, community and civil rights or- lic Conference. Let me read just two Mr. SESSIONS. I yield to the gen- ganizations, the faith community, elected of- sentences, I hope I have the time to do tleman from Massachusetts. ficials, sectors of the business community, it: ‘‘Proposals that would limit eligible Mr. FRANK of Massachusetts. Mr. political organizations, and thousands of recipients to organizations that have Speaker, I agree with the gentleman, it grassroots activists behind the proposed as their primary purpose the provision was never discussed in committee. strategy. At the same time, we are building of affordable housing would effectively That is precisely the point. The restric- the infrastructure to carry out the campaign tive language being put forward, which and ensure the accomplishment of our objec- prevent Catholic dioceses, parishes and tives. Catholic charity agencies from partici- would say no faith-based group could The empirical evidence from other states pating in affordable housing pro- participate, has never been debated in indicates that initiatives generally increase grams.’’ this committee and we are not allowed voter turnout, and that minimum wage ini- That is the Catholic Conference of to do an amendment on the floor. tiatives can significantly increase the turn- Bishops speaking. They say it would Yes, it is part of the manager’s out of supporters without increasing turnout force Catholic agencies, not ACORN, amendment along with a number of from the opposition. [ACORN’s own experi- other things such as preference for the ence running municipal and state minimum would force Catholic agencies to wage ballots [Denver, Houston (1996), Mis- choose between participating in afford- gulf. All we asked for was an ability to souri (1996), New Orleans (2002)] supports the able housing fund programs, or engag- vote on some of these specific things. I conclusion that these efforts are highly mo- ing in constitutionally protected voter agree, it was not brought up in com- tivating to low-wage voters.] In 2000, 6.1 mil- registration and lobbying activities mittee. It was brought up in a private lion voters came to the polls in Florida, a with their own funds. session between the Republican Study turnout of approximately 70 percent. A tar- This is Catholic bishops, I tell my Committee and the then-majority lead- geted campaign that works to turn out 1 per- friend, speaking. These provisions are er. That is not an appropriate forum to cent of that electorate, approximately 61,000 voters, would not only make the difference an outrage, and this process is an out- be the only place where we discuss for the Democratic Presidential candidate rage. As one Member of this body com- things. but also lend significant support to Congres- plained, once again the vast majority Mr. SESSIONS. Mr. Speaker, re- sional and local races. [As an example, Con- of Americans are having their rep- claiming my time, my point is that the gressional District 5 was won by conserv- resentatives in Congress gagged by the gentleman from Maryland referred to ative Republican Ginny Brown-Waite, by lit- closed-rule committee. this as being a closed rule. It is not a tle over 4,000 votes. From the top of the tick- That was the gentleman from Cali- closed rule. et on down, a ballot initiative strategy Mr. Speaker, I will insert in the which mobilizes infrequent voters and ener- fornia (Mr. DREIER), the now-chairman gizes unregistered Democratic constituency of the Rules Committee. This under- RECORD a campaign plan from ACORN will help defeat George W. Bush and allow mines democracy in this the People’s that is very much a part of this debate Floridians to vote themselves a raise.] House. What a shame. today about what organizations and An estimated 300,000 Florida workers Mr. SESSIONS. Mr. Speaker, I yield groups plan to do with politics and would receive a direct raise from our pro- myself such time as I may consume. money. posal. Moreover, thousands more would receive residual raises because of their wage I am very disappointed that the gen- FLORIDIANS FOR ALL—CAMPAIGN PLAN FOR A level just above the new minimum. Florid- NOVEMBER 2004 MINIMUM WAGE CONSTITU- tleman from Maryland referred to this ians sorely need this proposed raise. In 2001 TIONAL AMENDMENT INITIATIVE as a closed rule, when in fact he knows over 28 percent of Florida’s workers earned it is not a closed rule. INTRODUCTION less than the poverty line (approximately The gentleman from Maryland under- A Florida constitutional amendment ini- $8.70 an hour). A full 20 percent of those stands that what we have done and un- tiative to create a minimum wage of $6.15 workers earned less that $7.69 an hour, a re- dertaken in this rule is the opportunity with indexing will help defeat George W. sult that can be partially explained by the that would allow any Member, but in Bush and other Republicans by increasing concentration of workers in the lowest wage particular a Member of the minority, a Democratic turnout in a close election, will job sectors—retail and service. A whopping deliver wage gains to at least 300,000 Florid- 37.3 percent of the state’s workforce is em- chance to vote on a manager’s amend- ians, and will catalyze the construction of ployed in service sector jobs, with another ment, a motion to recommit, and cer- permanent progressive political infrastruc- 19.6 percent in the low wage retail sector. tainly final passage. ture that will help redirect Florida politics The additional earnings of minimum wage Mr. HOYER. Mr. Speaker, will the in a more progressive, Democratic direction. workers, almost $700 mi1lion in the first year gentleman yield? The 2004 election in Florida is shaping up alone, would be directly pumped back into Mr. SESSIONS. I yield to the gen- to be just as close as 2000, which Al Gore won the economy, helping to stimulate the stag- tleman from Maryland. by 537 votes. Although there have been de- nant economy created under the watch of Mr. HOYER. Mr. Speaker, so the pub- mographic changes and growth throughout Bush’s destructive tax cuts. Not only is this Florida when the 2000 total is adjusted for proposal beneficial to Florida’s economy, it lic understands and our colleagues un- 2004 it is still-razor thin: Unofficial NCEC also helps to seed a mass constituency for fu- derstand, what I indicated was that the analysis shows that Gore’s adjusted margin ture change. gentleman from Massachusetts (Mr. is 404, combined with the 2004 adjusted Nader Because we are starting this campaign FRANK), the ranking Democrat on this voter—25,138 (assuming 25 percent stay early, and because we have a plan, the Flo- committee, who has been here over a home, 25 percent vote for Bush and 50 per- ridians for All Campaign will challenge the quarter of a century, wants to offer an cent vote for Gore). The 2004 adjusted margin institutional forces for progressive and amendment that was supported in the is 25,542—too close for comfort. Democratic change in the state to build permanent political capacity. This is particu- committee; and he has been precluded The 2004 projections indicate addition turnout of 370,000 a total of 6.4 million, in- larly important to rehabilitating the long- from offering that amendment. creasing the vote goal by 200,000 in order to term prospects of our side. In a state where To that extent, the Republicans have have a winning margin. The other significant Democrats control only 53 of 160 legislative undermined the free and fair debate on change in preliminary analysis is that the seats, and zero Constitutional offices, the this floor. That was my point. And I electorate will have 10 percent fewer ticket need to rebuild infrastructure and capacity believe I was absolutely correct. splitters than 2000. With less persuadable to win, has never been more important. For Mr. SESSIONS. Mr. Speaker, re- voters, the need to increase base voters and example, the signature gathering phase of claiming my time, so that the gen- turning out more infrequent voters is crit- the campaign wil1 lead to the construction tleman does understand the facts of the ical to reach the vote goal in Florida. of a vast database of hundreds of thousands Given that turnout is down when the econ- of economic justice activists and voters in case, the committee had no discussion omy is bad, since our voters are more dis- the state. These are the same voters the on this point. The discussion took couraged, the need for a exciting ballot ini- Democratic Party must court and win to replace in the Rules Committee, because tiative strategy that works to address the gain a presence in state politics. The cam- a decision was made well after May, at needs of the most economically needy, and paign will also force organizations like

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23792 CONGRESSIONAL RECORD—HOUSE October 26, 2005 ACORN to build massive field capacity to de- most recent Florida elections demonstrate Approximately 303,000 workers would be di- liver these necessary signatures and GOTV. the overall decline in voter participation and rectly affected by a minimum wage increase, A vast network of activists and voters, com- the need to refocus efforts on mobilizing and putting millions of dollars into the pockets bined with sophisticated field campaign will motivating our base. of working families across Florida. In addi- act as a unifying force among Democratic tion to the workers who are directly af- electoral forces. The combined strength of fected, many more will benefit through the community, labor, and—faith organizations rising tide of wages that results from raising committed to mobilizing their members and Percent the baseline wage level. Unlike tax cut poli- leaders at the grassroots level, will result in 1992 ...... 83 cies which supposedly put money into peo- a cohesive strategy to retake the White 1994 ...... 66 ples pockets, but really just raid state and 1996 ...... 67 House in 2004 and rebuild the Florida Demo- 1998 ...... 49 federal treasuries, a minimum wage increase cratic Party. 2000 ...... 70 will put real in the hands of those who need 2002 ...... 55 it the most: working families. CAMPAIGN GOALS AVG ...... 64 The goals of this campaign are threefold: CAMPAIGN STRATEGY General Election Turnout Statistics from the Florida Secretary of State 1. To increase voter turnout of working http://election.dos.state.fl.us/online/voterpercent.shtml We define winning here as accomplishing class, mainly Democratic voters without in- the three campaign objectives: creasing opposition turnout; Giving our constituency the opportunity 2. To increase the power of progressive con- to vote themselves a raise is probably the 1. Driving heightened Democratic turnout; most compelling reason to go the ballot box. stituencies by moving a mass agenda, put- 2. Passing the initiative; Candidates will make many promises, but ting together the capacity to get on the bal- turning out to vote for a higher minimum 3. Building permanent political capacity lot and win, and by putting our side on the wage is a voter’s guaranteed chance to affect for future gains. offensive; real chance at the ballot box. Our plan to win centers on a series of stra- 3. To deliver a wage increase to hundreds The process of building a statewide net- tegic premises, layed out as follows: of thousands of Floridians. work of progressive forces can be accelerated 1. First, we will divide the electorate into Increasing turnout is crucial to a success- greatly through the use of the minimum targeted groups of voters/potential voters, ful 2004 electoral strategy from the top of the wage ballot initiative. Though there are and make a strategic plan vis-a` -vis each ticket all the way down, through the many many groups that represent and advocate for group. We are in the process of completing key races in Florida that include not only the needs of social justice, civil liberties, and this plan, but roughly, the categories/plans the Presidency, but also a key Senate race, environmental concerns, the strength of Congressional seats and also significant these forces is limited through a lack of co- are as follows: turnover in the Florida Legislature. Given ordination amongst these groups. While the *African American voters—According to these many key races, exciting and mobi- groups promote diverse agendas, a coalition NCEC, there are 440,000 unregistered VAP lizing constituency has never been more im- of necessity is required in the face of orga- (Voting Age Population) African-Americans portant, but in order to do this there must be nized and unilateral support amongst opposi- in Florida. Of the 440,000 unregistered voters a compelling issue on the ballot. Though tion groups. This ballot initiative will bring statewide, 176,000 of these voters live in the presidential year elections always result in together progressive forces from around the 475 majority African-American precincts in higher turnout, the 2000 elections dem- state around a common goal: increasing Florida. This campaign will work to register onstrate the importance of every vote in turnout in the 2004 election in order to sup- 50,000 of these potential voters through voter Florida; and we do not want to leave turnout port campaigns which represent the interests registration drives in the following major to chance. These turnout figures from the of all our groups. metropolitan areas:

Total VAP White Latino Black County

VAP (from 2000) Miami: M-Dade ...... 283,673 32,116 195,859 49,000 1.7M Orlando: Orange ...... 144,987 81,100 23,414 32,563 670K Tampa: Hillsborough ...... 228,681 126,387 42,711 50,109 746K Fort Lauderdale: Broward ...... 122,821 77,807 11,282 28,620 1.2M St. Petersburg: Pinellas ...... 194,796 141,797 7,618 36,752 744K Jacksonville: Duval ...... 539,278 353,983 20,759 139,700 573,888 Tallahassee: Leon ...... 124,431 74,942 5,341 39,327 188,445 This potential universe of newly registered voters, and highly motivated activists can be the deciding factor in the 2004 election. Registering 50,000 new African-American voters in these majority precincts can result in a net vote gain of approximately 21,000 votes (assuming 70 percent turnout of new registrations and 60 percent approval for the measure).

*Non-Cuban Latino voters—There are work they have put into bringing this gressional charter and give special 800,000 Hispanic voters in Florida, 400,000 of bill to this point. privileges to provide a service to the whom are non-Cuban, and 345,000 new poten- Mr. Speaker, I would like to discuss American people by creating a sec- tial Hispanic voters of Voting Age Popu- briefly an amendment that I had of- ondary mortgage market and increas- lation. The Hispanic population is the fastest fered that was adopted by the com- growing population in Florida, and presents ing liquidity. the Democratic Party with an opportunity mittee by voice vote back in May. That Given their unique status and respon- to build a new, revitalized constituency amendment adds an important disclo- sibility to improve access to the hous- within Florida. sure requirement to ensure that share- ing market, it is both their shareholders are fully informed on the chari- holders’ and the public’s right to know Mr. Speaker, I yield 2 minutes to the table giving practices of Fannie Mae how these profits are being spent. gentleman from Ohio (Mr. GILLMOR). and Freddie Mac. Mr. MCGOVERN. Mr. Speaker, I in- Mr. GILLMOR. Mr. Speaker, I appre- The language would authorize the clude the following editorial that ap- ciate the gentleman from Texas for Federal Housing Finance Agency to re- peared in today’s New York Times en- yielding. I rise in support of the rule, quire that Fannie Mae and Freddie Mac titled, ‘‘A Ban on Voter Registration,’’ rise in support of the bill, and I also make publicly available each year the which is very much opposed to the of- want to note that government-spon- total value of contributions made to fensive language in the manager’s sored enterprise reform is way overdue, nonprofit organizations during the pre- amendment. and it does pose a systemic risk to our vious fiscal year, and it would also re- [From the New York Times, Oct. 26, 2005] financial system. quest specific disclosures on donations A BAN ON VOTER REGISTRATION Also I want to commend Chairman to insider-affiliated charities. Hurricane Katrina made it politically nec- OXLEY, Chairman BAKER and also The housing GSEs, Fannie Mae and essary for Republican Congressional leaders Ranking Member FRANK for all of the Freddie Mac, were established by con- to tone down their effort to kill off federal

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23793 programs for affordable housing. But it has out of the Committee on Financial participating in the fund if they engage not stopped them from dragging their feet on Services by rejecting the rule and the in voter participation or get-out-the- an important bill to create a valuable hous- manager’s amendment. vote activities. And it effectively pre- ing fund by tapping into a small portion of This rule also provides for consider- the after-tax profits of the federally backed vents many nonprofits from partici- mortgage giants Fannie Mae and Freddie ation of another amendment worthy of pating. Mac. The fund would initially be aimed at a ‘‘no’’ vote. I am referring to the As an ordained minister in the the hurricane-ravaged gulf states, but would measure by the gentleman from New United Methodist Church, I come to eventually help to house poor, elderly and Jersey (Mr. GARRETT) that would this discussion from a unique perspec- disabled people nationally. strike the bill’s conforming loan limit tive. Mr. Speaker, it is the mission of Not satisfied with just delaying the bill, provision. Like many other metropoli- the United Methodist Church and every House ideologues are advocating an outrageous and potentially unconstitutional tan locations, my constituents in Sac- denomination and every faith group in provision that would bar the nonprofit ramento face escalating housing prices our world to serve the poor and vulner- groups that build most affordable housing that are making it harder and harder able. For my church, the St. James from participating in the fund if they also for working families to achieve the United Methodist Church in Kansas participate in even nonpartisan voter reg- dream of homeownership: firefighters City, an important part of the mission istration. This would force such nonprofits police officers, the teachers in our is to shelter the poor, and that is why to choose between their historically impor- schools. They deserve to live in the we started in 1985 a section 202 project tant roles: promoting civic engagement and same communities they work in. not far from our church. providing housing and other services for low- Mr. Speaker, I grew up one of those income people. The provision would conflict b 1115 with state laws that require housing grant vulnerable citizens. I am not sure how recipients to do things like register voters Increasing the conforming loan limit many Members of the United States and would put the federal government in the would bring fairness to the housing Congress lived in public housing, but I unacceptable position of actively discour- market by giving working families in did. My family, including my three sis- aging political participation. more expensive parts of the country ters and mother and father, lived in a The long-overdue housing fund contains the same opportunity as everyone else shack, literally a two-room shack. My numerous safeguards that would prevent to own their own home. grant recipients from using federal dollars mother and father both worked all day Once again, this commonsense provi- every day, and I can tell you, growing for advocacy. A measure that would bar sion was included in the bipartisan them from nonpartisan activities has abso- up in public housing, not one time did lutely no place in a democracy. committee bill, and so I urge my col- we ever see a candidate canvassing our leagues to reject the Garrett amend- Mr. Speaker, I yield 31⁄2 minutes to community, not one time do I remem- the gentlewoman from California (Ms. ment. ber any kind of effort to get the citi- In closing, I reiterate to my col- MATSUI). zens to vote. Ms. MATSUI. Mr. Speaker, I rise leagues the importance of maintaining I do not ever even remember seeing a today in opposition to the rule, House the bipartisan version of H.R. 1461 that voting precinct until I was about 17 Resolution 509. The Federal Housing came out of the committee. Vote no on years old because the elected officials Finance Reform Act as reported by the this rule which will tar the Affordable knew that the poor do not vote. They Committee on Financial Services is a Housing Fund without giving the ma- knew that if you were poor, you were strong bipartisan effort. jority an opportunity to vote on it. preoccupied with survival, and so there It represents several years of work Mr. SESSIONS. Mr. Speaker, I re- was no civic or political involvement. that will ensure the safety and sound- serve the balance of my time. It was, how can we make it one more ness of the government-sponsored enti- Mr. MCGOVERN. Mr. Speaker, I yield day? ties, helping working Americans 4 minutes to the gentleman from Mis- We have created a culture in low-in- achieve the dream of homeownership. souri (Mr. CLEAVER). come neighborhoods where people do Unfortunately, this rule has a poten- Mr. CLEAVER. Mr. Speaker, I would not participate in the political process, tial to undercut the committee’s fine like to thank my friend for yielding me and what we need is to democratize the effort and may severely undermine time. low-income neighborhoods of our com- critical GSE reform. Mr. Speaker, at no time in our Na- munities. And if you go around, I do The availability of affordable hous- tion’s history has the need for afford- not care whether you are Republican or ing keeps our communities strong. So able housing been so great. As the price Democrat or just a lazy person, if you wisely, the committee bill includes a of owning a house has risen all over go and look at the voting returns, you fund to build and preserve affordable America, the poverty level has risen to will find that people who live in low-in- housing and, I would add, support these almost 13 percent, and now Hurricanes come neighborhoods do not vote. And I activities at no cost to the Federal Katrina and Rita have left thousands do not care who you are, you ought to Government. Unfortunately, the man- more Americans, many of limited in- want to get people to vote. ager’s amendment mars this fund by come, homeless. This is the United States of America. forcing nonprofit, affordable housing The bill we will consider today takes We are strong only if we are able to get groups to make a choice. They can a critical step toward addressing our all of our citizens to participate in the work to bring affordable housing to Nation’s affordable housing crisis. By political process. working families, or they can register establishing an affordable housing Someone used the term ‘‘liberal.’’ If voters in the most nonpartisan of fund, we are increasing the supply of liberal means that I care, then color ways; but they cannot do both, not affordable homes to low- and very low- me liberal. And understand this: Caring even to drive an elderly person to the income families. As a member of the may hurt, but not caring hurts more. polls. Committee on Financial Services, I We can do better than this. America Over 60 national organizations, many was proud to see the inclusion of an af- can do better than this. of them faith-based, such as the U.S. fordable housing fund in the bill and Mr. Speaker, at no time in our Nation’s his- Conference of Catholic Bishops, the proud to support the bill in committee. tory has the need for affordable housing been Episcopal Church, the Presbyterian Seeing this bipartisan support for so great. As the price of owning a home has Church, have come out opposing this this bill provided one of those moments risen all over America, the poverty level has provision. These organizations rep- when we can just say, oh, happy days. risen to almost 13 percent. And now Hurri- resent the mainstream values of this But this important provision will be canes Katrina and Rita have left thousands Nation, and their efforts should not be for naught should one amendment more Americans, many of limited means, hindered by roll-backs in these con- made in order by the Rules Committee homeless. stitutionally protected rights. pass. The Oxley amendment would dis- The bill we will consider today takes a crit- I urge my colleagues to maintain the qualify nonprofit organizations, includ- ical step forward toward addressing our Na- broadly supported language that came ing faith-based organizations, from tion’s affordable housing crisis. By establishing

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00115 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23794 CONGRESSIONAL RECORD—HOUSE October 26, 2005 an affordable housing fund, we are increasing Mr. SESSIONS. Mr. Speaker, I yield vote on the issue, that is all we asked, the supply of affordable homes to low- and myself such time as I may consume. it was never considered in the sub- very low-income families. As a member of the Mr. Speaker, the gentleman from committee. It was never considered in Financial Services Committee, I was proud to Kansas City very clearly articulated the full committee. It has never had an see the inclusion of affordable housing fund in the exact reason why this bill is mov- up-and-down vote or any consideration the bill, and proud to support the bill in coming forward, and the reason why Chair- of this issue. It appeared at the 11th mittee. Seeing the bipartisan support for this man RICHARD BAKER and the chairman hour to satisfy some political fears of bill provides one of those moments when we of the committee, Chairman MIKE some of the majority party’s members, can say, ‘‘O Happy Day’’. But this important OXLEY, have moved forward a bill that and they felt this was a way of solving provision will be for naught should one is so powerful, that will include more it. Maybe it was directed at one entity, amendment made in order by the Rules Com- dollars. but in fact it has encompassed in its mittee pass. The Oxley amendment would dis- But I believe that the argument that grasp the faith-based entities of this qualify nonprofit organizations, including faith- is here is about politics, pure and sim- country which provide most of the af- based organizations, from participating in the ple politics, rather than policy. And fordable housing. fund if they engage in voter registration or get- this bill is about policy. It is about get- I have to say that with this we are out the vote activities, and it effectively pre- ting millions of dollars that will be making our religious institutions vents many nonprofits from participating. given to the source at which we will choose between a joint mission of serv- As an ordained minister in the United Meth- create more and better housing for ing God their number one mission, and odist Church, I come to this discussion from a really poor people. then helping the poor. They are going unique perspective, Mr. Speaker. It is the mis- The gentleman referred to him being to have to give up helping the poor be- sion of the United Methodist Church, and a member of the United Methodist cause if they were to do so, they will be every denomination and faith group in our Church. I am a member of the United restricted from spending their own world, as it is of many religious orders and Methodist Church. When you look at a funds, not these affordable housing communities, to serve the poor and vulner- Web site for Habitat for Humanity, you funds, but their own funds, to bring out able. For my church, St. James United Meth- will see large corporations on that list the vote, to have voter education, and odist in Kansas City, an important part of that who contribute to new houses in this to have even carrying a voter to the mission is to shelter the poor by providing af- country, not-for-profits and others; and polls for people who do not have a ride. fordable housing. But an equally important number four on that list is my church, We have taken 15 protections in the part of that mission is empowering the poor of the entire country, my church the bill to see that the intended purposes and vulnerable by supporting their full partici- Highland Park United Methodist were not abused. We did not need these pation in the Democratic process. Church of Dallas, Texas. We build additional restrictions. They are there, I grew up one of those vulnerable citizens— houses in Dallas, Texas, for poor peo- I think, probably for political reaction my family, by any standard of measurement ple, people who are without that abil- purposes, and it is unfortunate. As a re- was financially poor. Until the age of 7, I lived ity for their families. sult, we are going to compromise an in a shack—literally a two room shack—with But what we are asking here is the otherwise perfectly bipartisan bill that my mother, my father, and my three sisters. ability to move this bill to create thou- could have shone with great favor in We had no indoor plumbing and for a while, sands of more homes. And I think what this House at this particular time in no electricity. My family moved into public MIKE OXLEY wants in this bill is to our history. I find it unfortunate that housing when I was 7. I can tell you, growing make it about policy, not about poli- we are denied this right to have an up up, no candidates canvassed our community tics. And I am proud of how we are and down vote, and, as a result, I urge and few, if any residents in our projects voted. doing this. My great-grandfather, who lived until age 103, my colleagues to vote no on the rule. Mr. Speaker, I reserve the balance of Mr. SESSIONS. Mr. Speaker, I yield 3 never once voted in his life. I say this as a my time. minutes to the gentleman from the point of illustration. The poor and vulnerable Mr. MCGOVERN. Mr. Speaker, the Fifth Congressional District of Texas are often those who need the most help to gentleman from Texas keeps on saying (Mr. HENSARLING). fully participate in our democracy. When you this is about policy, not politics; but Mr. HENSARLING. Mr. Speaker, I live in public housing, you are preoccupied what would be more political than the thank the gentleman for yielding me with economic survival. Let me be perfectly clear, Mr. Speaker, by language in here that denies poor peo- time, and I rise in support today of this forcing faith-based organizations and other ple the right to vote? rule. 1 nonprofits to choose between participating in Mr. Speaker, I yield 2 ⁄2 minutes to I have been listening with great in- the Affordable Housing Fund or engaging in the gentleman from Pennsylvania (Mr. terest to some of the debate, which I constitutionally protected voter registration and KANJORSKI). must admit is a little bit confusing to get out the vote activities with their own funds, Mr. KANJORSKI. Mr. Speaker, I rise me. I hear some of my colleagues on the Oxley amendment limits the full participa- today with a heavy heart. We need to the other side of the aisle argue that tion of our Nation’s most vulnerable citizens in have a strong, independent and world- essentially this is a closed rule; yet I our democracy. class regulator for Fannie Mae, Freddie look at the fact that we will be voting I keep a photograph of the shack where I Mac, and the Federal home loan banks. on a number of amendments later grew up hanging on the wall in my office to re- The committee I serve on, the Com- today, a number of which were offered mind me that I have been given the oppor- mittee on Financial Services, has la- by Democratic Members. tunity to speak for those who cannot, and rep- bored for 6 years, 20 hearings, hundreds I understand there is an accusation resent in this the interests of the most vulner- and hundreds of hours, and hundreds of that somehow language dealing with able and voiceless American citizens here in witnesses to put together what I think the Affordable Housing Fund, that the Congress. Every day when I go to work for is probably one of the best examples of Members do not have an ability to the people of my district and the citizens of bipartisan activity this House has seen weigh in on that. As I look at the man- our country, I walk out of the front door of that in many years. It is unfortunate that ager’s amendment, substantially all of shack. But whose interests are being served we come here today with the manager’s it has to do with the Affordable Hous- by passing these restrictions? We’re not serv- amendment excluding faith-based enti- ing Fund issue. So if for some reason ing the interests of the faith-based community ties from participating in the Afford- you do not like this language, you have or the poor. These restrictions serve only the able Housing Fund. an opportunity to vote on it. So it political purposes of some study group that I am convinced that the over- seems to me that the process and pro- should not have the power to derail democ- whelming majority of our friends on cedures dealing with this very impor- racy in our land. It is an assault on the poor the other side of the aisle, if they un- tant issue are quite open. If you do not in this country, and it is obscene. derstood the restrictions in the man- like it, vote against the manager’s Vote ‘‘no’’ on the Rule and vote ‘‘no’’ on the ager’s amendment and the denial by amendment. Vote for the underlying Oxley amendment. the Committee on Rules of a right to bill.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23795 Now, let us move to the substance of This rule is strongly opposed by large would likely become the majority of fund re- the arguments as far as the creation of Latino groups, including NALEO, cipients. Even for-profits with a dubious the so-called Affordable Housing Fund. LULAC, NCLR, and others. track record would be eligible to receive I for one am not convinced of the need The newly added provision is in- funds while public interest social service providers would not. for yet another government so-called cluded in the manager’s amendment We urge you to preserve the integrity of affordable housing program. Already and appears to be aimed at suppressing H.R. 1461 by fighting to remove the restric- we have over 80 different government the civic engagement of low- and mod- tions on nonprofits. programs ostensibly aimed at afford- erate-income and minority families. I Sincerely, able housing. We have got Community respectfully urge that these provisions National Association of Latino Elected and be removed before the amendment and Appointed Officials. Development Block Grant for Insular National Council of La Raza. Areas; Shelter Plus Care, S Plus C bill come to the House floor for a vote. National Puerto Rican Coalition, Inc. Emergency Shelter Grant. We have I will insert at this point in the League of United Latin American Citizens. housing opportunities, the HOPWA RECORD two letters to Speaker program, One- to Four-Family Mort- HASTERT. One is dated October 24, 2005, JESUIT CONFERENCE, gage Insurance, section 203(b). We have by NCLR, LULAC, and the League of OFFICE OF THE PRESIDENT, Washington, DC, October 25, 2005. got counseling for home buyers, Sup- United Latin American Citizens. The second letter is from the Jesuit Con- Hon. J. DENNIS HASTERT, porting Housing for the Elderly, and Speaker of the House of Representatives, the list goes on and on and on. ference, and that letter is signed by the Washington, DC. Mr. Speaker, the truth is there is no Reverend Bradley Schaeffer. DEAR MR. SPEAKER: I am writing to you on greater housing program than the OCTOBER 24, 2005. behalf of the Jesuit Conference board of the American free enterprise system, Hon. DENNIS HASTERT, Society of Jesus in the United States to ex- which is created by the creation of Speaker, House of Representatives, press our concern regarding an amendment jobs, which, under the economic poli- Washington, DC. to H.R. 1461, the Federal Housing Finance DEAR MR. SPEAKER: It has come to our at- Reform Act of 2005, that concerns the Afford- cies of this administration and this Re- tention that the House Leadership has forged able Housing Fund. We support the Fund but publican Congress, are working. Over 4 a compromise with members of the House Fi- strongly oppose a manager’s amendment million new jobs have been created. nancial Services Committee regarding the that would severely restrict the organiza- And guess what, Mr. Speaker? We now Federal Housing Finance Reform Act of 2005 tions eligible to build much needed afford- have achieved the highest rate of (H.R. 1461). The newly-added provision is in- able housing and would be an affront to the homeownership in the entire history of cluded in the Manager’s amendment and ap- promotion of civic engagement. the United States of America. That is pears to be aimed at suppressing the civic Today there are approximately 3,300 Jesuit priests and brothers working in our domestic astounding. We have the highest rate engagement of low- and moderate-income and minority families. We urge that these programs and abroad which include: over 100 of homeownership in the entire history provisions be removed before the amendment parishes, various social works throughout of America. and bill come to the House floor for a vote. the country, 28 Jesuit-affiliated colleges and The question or the debate is not how With strong bipartisan support, H.R. 1461 universities, and around 60 Jesuit-affiliated much money we are going to spend on (Federal Housing Finance Reform Act of secondary and middle schools. Many of our housing; the question is who is going to 2005) passed the House Financial Services projects put us in direct contact with low-indo the spending? Is it going to be Committee. The bill contained a measure come people that benefit from affordable American families, or is it going to be that would create an affordable housing housing programs, or that suffer from a lack fund, potentially generating billions of dol- of housing. government bureaucracies? lars for development. As you know, with Our nation desperately needs more housing Now, I know this fund is included in housing prices continuing to rise, many com- that is affordable to those struggling to get the bill, and so be it, I support the leg- munities suffer from a lack of affordable by. The U.S. Catholic bishops, in their state- islation. But the question is, going for- rental and homeownership opportunities for ment, Putting Children and Families First, ward, if we are going to have yet an- hard-working families. comment that, ‘‘Many families cannot find other housing fund, should not it be Unfortunately, after passage, a com- or afford decent housing, or must spend so used for housing? Why open up the op- promise was struck between the House Lead- much of their income for shelter that they portunity for it to be subverted into ership and the Financial Services committee forego other necessities, such as food and that would preclude most nonprofits from medicine . . . [The Catholic bishops] support things like political activities? I do not accessing the funds. Many of the organiza- housing policies which seek to preserve and understand if those who have advo- tions that would be left out are uniquely po- increase the supply of affordable housing and cated on behalf of the funds truly want sitioned to develop the affordable housing help families pay for it.’’ The Affordable to help the low-income, then why do we needed in their communities. Specifically, Housing Fund would address some of this not simply increase the section 8 nonprofit applicants would be restricted great need by increasing the supply of afford- voucher program? Why do we not cut from participating in voter registration and able homes for very low and extremely low- out the middleman? That is what we many classic civic engagement activities in income families. We applaud the effort to in- need to do. the twelve months before the time of appli- crease the affordable housing stock in the cation. In addition, the nonprofit applicants country. b 1130 would be deemed ineligible if they are affili- However, the manager’s amendment that ated with an organization that engages in will be introduced would disqualify any non- Mr. MCGOVERN. Mr. Speaker, I yield these activities. Notably, for-profit organiza- profit organization, including faith-based 2 minutes to the gentleman from Texas tions would not have the same restrictions. groups, from using resources from the Fund (Mr. HINOJOSA). As representatives of diverse Hispanic con- to build affordable housing if that organiza- Mr. HINOJOSA. Mr. Speaker, I rise stituencies, we have the following concerns: tion has engaged in voter registration, get- in strong opposition to the rule on H.R. Minority Voter Suppression. The Latino out-the-vote, and other nonpartisan voter 1461. It adds an anti-minority, anti- community has experienced a long history of participation activities. Furthermore, lan- family provision that was not included voter suppression. Nonprofit community- guage in the amendment also disqualifies or- based organizations have played a critical in any of the sections of the legislation ganizations that are ‘‘affiliated,’’ a term role in fighting against those who would broadly defined, with any organization that I supported in committee. limit the voice of Latinos. The groups often engages in such activities. The rule will prohibit nonprofit serve as the main point of contact in His- Concerns that the Affordable Housing groups involved in voter registration panic communities and, in many cases, they Fund would finance partisan grassroots lob- and get-out-the-vote activities from re- are the only local organization addressing bying are unfounded. Current law, and lan- ceiving money from the affordable their social, civic, and educational needs. guage in H.R. 1461, already contains suffi- housing fund created by the bill. The proposed Manager’s amendment to H.R. cient restrictions to ensure that funds are It will negatively impact good civic 1461 wi11 force these trusted community cen- used solely for affordable housing and not for ters to choose between providing civic edu- other activities. However, the manager’s organizations in my district such as cation and affordable housing. amendment will prevent even those groups Amigos del Valle, National Council of For-Profit Double Standard. Inexplicably, that both build housing and that conduct La Raza, and Catholic and faith-based under this provision, for-profit developers constitutionally protected voter registration organizations. would not face similar restrictions and activities from receiving funds.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23796 CONGRESSIONAL RECORD—HOUSE October 26, 2005 We strongly urge you to allow a vote on an for political activism. The choice is tected by the first amendment. Yet amendment to delete the harmful provisions clear: If we have limited resources to this provision forbids any nonprofits of the manager’s amendment described meet overwhelming need, should we from even applying for a grant if they above. H.R. 1461 and the Affordable Housing not ensure that those resources are have encouraged voting in the recent Fund present Congress with an opportunity to provide housing relief to the families that used as intended for the construction, past. need it most. Don’t let the unconstitutional for affording opportunity for low-in- There is absolutely no justification manager’s amendment get in the way. come individuals and those who are re- for preventing nonprofits’ efforts to en- In the Lord, quiring homeownership opportunities courage civic activities such as voting. Very Reverend Bradley M. Schaeffer, S.J. for the first time to have every cent go Many faith-based organizations, in- Mr. SESSIONS. Mr. Speaker, I yield 4 for that utilization? Of course it does. cluding the Catholic Church, the Pres- minutes to the gentleman from Baton It is regrettable, of course, that there byterian Church, the American Jesuit Rouge (Mr. BAKER), the author of the would be those to say the amendment Conference, have come out in opposi- bill. is flawed and that you should oppose it tion to this provision; and I will place Mr. BAKER. Mr. Speaker, I thank because we will not allow a voter reg- in the RECORD at this point a list of the gentleman for yielding time and istration campaign or political activ- these organizations that have come out wish to express my appreciation to him ism. I think in light of the concerns ex- in opposition to this provision. and members of the Rules Committee pressed, the overwhelming need for THE EPISCOPAL CHURCH, who have delivered a rule enabling con- housing inventory, the fact that this is OFFICE OF GOVERNMENT RELATIONS, sideration by the House today of sig- a 5-year program which will end at the Washington, DC, October 20, 2005. nificant legislation relative to the re- end of 5 years, that we do not have yet Hon. DENNIS HASTERT, form in the regulatory structure of an entity to manage, supervise or dis- House of Representatives, government-sponsored enterprises. tribute the funds, it is highly appro- Washington, DC. DEAR SPEAKER HASTERT. The Episcopal For many years, that has been the priate that the constraints adopted in Church supports the Affordable Housing subject of discussion by the Committee the manager’s amendment be favorably Fund as part of the Federal Housing Finance on Financial Services and, prior to considered by this House and adopted. Reform Act of 2005 (H.R. 1461). However, we that, the Committee on Banking. I can- More broadly, I think the rule has are strongly opposed to the inclusion of lan- not express enough appreciation to made in order a number of amendments guage in H.R. 1461 that restricts non-prof- Chairman OXLEY for his long-standing that were not discussed in committee, its—including religious organizations—from tolerance on this matter, the many which the House will consider and vote receiving Affordable Housing Funds if they hours of agony I am sure I have caused on accordingly; and I think at the end have engaged in any voter registration, voter identification, get-out-the-vote, and other all Members on this subject matter; of the day, no matter the construct of nonpartisan voter participation activities or and I am very appreciative for his cour- the final bill, it is important to under- voter encouragement efforts within 12 tesies extended in bringing to the floor stand that a government-sponsored en- months of the application. They very people a bill which has been over many terprise reform is absolutely essential. in need of affordable housing are those who months hammered into the shape we I will speak more to that matter dur- often need the most help in fully partici- currently find it. ing general debate; but I think those pating in our democracy as voters. It is high- As to the current issue before the who only listen to the debate on the ly ironic that at the very moment when we House in the consideration of the rule rule should understand, a government- have seen in the starkest of terms the great need for affordable housing, important legis- now pending, I wish to make clear that sponsored enterprise is created by an lation to meet that need is encumbered with the manner in which the manager’s act of Congress. It is given a privileged language that undermines our democracy. amendment was constructed is no dif- position in the marketplace. They uti- The Episcopal Church, through Jubilee ferent from the construction of hun- lize taxpayer-guaranteed debt in order Ministries and Episcopal service providers, dreds of manager’s amendments over to make a profit for their shareholders. offers housing assistance to many of our na- the years in this body. From the time They are unique in their construct in tion’s poor. Jubilee Ministries administers at which a matter leaves committee that they are authorized by the Con- grants to over 70 Jubilee Centers throughout until it arrives on the House floor can gress, but are shareholder-driven insti- the United States as well as the wider Angli- can Communion. Including a provision that be a matter of days, weeks, or months. tutions. They take on great risk and, would prohibit Episcopal organizations that Circumstances change. accordingly, deserve the highest stand- encourage democratic engagement from par- In this case, one element of that ard of regulatory oversight possible. ticipating in Affordable Housing Fund pro- manager’s amendment is the establish- This bill achieves that. grams would limit our response to God’s call ment of assistance for victims of the Mr. MCGOVERN. Mr. Speaker, I yield to serve the least among us and severely re- significant hurricanes the country has 2 minutes to the gentlewoman from strict our efforts to provide safe, decent, and experienced, a highly appropriate utili- New York (Mrs. MALONEY). affordable housing. zation of a new fund. I think it impor- Mrs. MALONEY. Mr. Speaker, I rise In supporting the Affordable Housing Fund in H.R. 1461, we are acting upon a resolution tant to understand this is the first in support for the underlying bipar- passed at our 2003 General Convention that time such fund has been constructed. tisan bill on GSEs, but in strong oppo- reaffirmed our commitment to providing af- The entity which will manage and dis- sition to the rule that was put in at the fordable housing for the poor. The resolution tribute the funds does not now exist; last minute, a provision that prevents calls for the legislative branches of the fed- and so, for some Members, constraining any nonprofit recipient of a housing eral government to provide ‘‘rental and the utilization of the fund in its begin- grant from conducting nonpartisan owner-occupied housing that is safe, acces- ning stages was a logical precaution. civic voter registration. sible, and affordable for low-income and It is about restoration of housing in This is an outrageous, undemocratic moderate-income persons and their families the case of hurricane victims, many of provision that imposes restrictions on including persons with disabilities’’ and ‘‘to ensure that housing assistance programs are whom do not live in my district, but promoting the most fundamental of adequately funded to address the growing certainly reside in my State. At the our civil liberties, the right to vote. Of gap between the number of affordable hous- moment, they are without a home. all our rights, this is the one that our ing units available and the number of renter They are living in a FEMA trailer or a Founding Fathers held most dear. households in the bottom quartile of income tent or with family and friends or in What in the world are we doing today in this nation.’’ any number of circumstances around in this Congress in an attempt to limit As a church we have also acknowledged the country. They are desperate for the this great right on which our country ‘‘the use of the political process as an act of Christian stewardship’’ and recognized that a opportunity to come home, to live in was founded? ‘‘faithful commitment to voting is an exten- that structure that they call their own. Restricting the right of nonprofits in sion of our baptismal covenant to ‘strive for The bill now provides resources to this way violates these organizations’ justice and peace and the dignity of every construct homes. It was never intended first amendment rights. Voter ID, civic human being.’ ’’ We have asked ‘‘all Epis- that the bill would become the basis awareness, civic activities are pro- copalians to actively engage in advocating

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23797 for voter rights, encouraging voter registra- the dire need for funds to increase the na- Women’s Committee of 100. tion, getting out the vote, and volunteering tion’s affordable housing stock. But nothing YWCA USA. to assist voters at the polls.’’ is worth compromising the right of all Amer- Mr. Speaker, clearly, these organiza- Mr. Speaker, we ask that you do all in icans to participate in our precious democ- tions recognize an attack on faith- your power to see that the provisions related racy. to voter participation are removed from H.R. Sincerely, based values when they see one. 1461. No organization should be asked to Alliance for Healthy Homes. These restrictions force faith-based choose between providing homes for those in Alliance for Justice. organizations to make a decision be- need or enabling citizens to fully participate American Counseling Association. tween providing low-income housing or fully in our democracy. American Federation of State, County and promoting civic activities, and that Sincerely, Municipal Employees. choice is not one Congress should be REV. KWASI A. THORNELL, American Network of Community Options forcing. Chair, National Con- and Resources. It goes against our deepest principles cerns Committee of Americans for Democratic Action. and strikes at those who can least pro- the Executive Coun- Association of Community Organizations cil. for Reform Now (ACORN). tect themselves, and I feel that it is RT. REV. JOHN BRYSON Campaign for America’s Future. particularly inappropriate that the ma- CHANE, D.D., Center for Community Change. jority is trying to limit the rights of Bishop of Washington. Center for Law and Social Policy. the disadvantaged this week in the Child Welfare League of America. wake of the death of Rosa Parks, who NATIONAL ORGANIZATIONS OPPOSED Children’s Defense Fund. stood up for the right to vote in so TO VOTER RESTRICTIONS IN H.R. Cities for Progress at the Institute for Pol- many courageous ways. 1461, icy Studies. I urge a ‘‘no’’ vote on this rule. Washington, DC, October 19, 2005. Coalition on Human Needs. Hon. DENNIS HASTERT, Consortium for Citizens with Disabilities. Mr. Speaker, I rise in opposition to this rule Speaker, House of Representatives, Corporation for Supportive Housing. which did not permit a vote on Congressman Washington, DC. Enterprise Foundation. FRANK’s amendment to strike from this bill the DEAR MR. SPEAKER, The undersigned na- Environmental Working Group. provision that prevents any nonprofit recipient tional organizations have learned that the Episcopal Church. of a housing grant from conducting non- compromise reached by House Leadership on Lawyers’ Committee for Civil Rights partisan civic voter registration. H.R 1461, the Federal Housing Finance Re- Under Law. This is an outrageously bad provision that form Act of 2005, includes provisions that Leadership Conference on Civil Rights. imposes unconstitutional restrictions on pro- would restrict the ability of American citi- Local Initiatives Support Corporation. zens to engage in our democratic process. We Lutheran Services in America. moting the most fundamental of our civil lib- urge that these provisions be removed before Mercy Housing. erties: The right to vote. the bill comes to the House floor for a vote National AIDS Housing Coalition. Of all our rights, this is the right that our probably during the week of October 24. National Alliance of HUD Tenants. Founding Fathers held most dear; that thou- Specifically, we object to the restrictions National Alliance on Mental Illness. sands have come to this great democracy to on non-profit organizations that apply for National Alliance to End Homelessness. hold; and that right now our men and women grants through the Affordable Housing Fund National Association for the Advancement are dying to protect in Iraq. established in H.R. 1461. The egregious provi- of Colored People (NAACP). What are we doing here limiting this great sions, which we strongly oppose, disqualify National Association of Housing Coopera- any nonprofit organization that has engaged tives. right on which our Nation is founded? in voter registration, voter identification, National Coalition for the Homeless. Restricting the rights of nonprofits in this get-out-the-vote, and other nonpartisan National Committee for Responsive Phi- way violates these organizations’ fundamental voter participation activities in the 12 lanthropy. First Amendment rights. Voter registration, months prior to application from eligibility National Community Reinvestment Coali- voter identification, and get-out-the vote activi- for the Affordable Housing Fund grants. It tion. ties are protected by the First Amendment. further prohibits non-profit organizations National Council on the Aging. Yet this provision forbids nonprofits from even that receive grant funds from engaging in National Council of Nonprofit Associa- applying for grants if they have encouraged these activities. tions. These grants are to be used solely to National Council on Independent Living. voting in the recent past. There is just no jus- produce and preserve housing that is afford- National Fair Housing Alliance. tification for preventing nonpartisan civic ef- able to extremely low and very low income National Head Start Association. forts to encourage voting. families. For the first two years, the funds National Health Care for the Homeless Many faith based organizations strongly op- will be prioritized to rebuild housing in the Council. pose these restrictions. The Catholic Church is areas devastated by Hurricane Katrina. The National Housing Conference. just one of many organizations whose faith- anti-democratic provisions do not just pro- National Housing Law Project. based mission to serve the disadvantaged hibit the use of Affordable Housing Fund dol- National Housing Trust. leads them to both provide low-cost housing lars from being used for these purposes. The National Law Center on Homelessness & and help the disadvantaged exercise their prohibition applies to any resources of a Poverty. grantee, including funds specifically for civic National Low Income Housing Coalition. right to vote. engagement activities. National Neighborhood Coalition. Indeed, faith based organizations are Moreover, even if a particular non-profit National Policy and Advocacy Council on strongly united in their opposition. Among organization does not itself engage in any of Homelessness. them are the Lutheran Church, the United these activities itself, ‘‘affiliation’’ with an National Urban League. Church of Christ, the Presbyterian Church, the organization that does would disqualify the OMB Watch. U.S. Jesuit Conference, and the American nonprofit from applying for Affordable Hous- Poverty and Race Research Action Coun- Jewish Congress, just to name a few. ing Fund grants. Notably, for-profit compa- cil. Clearly these organizations recognize an at- nies are exempt from these restrictions. Presbyterian Church (U.S.A.) Washington These provisions are blatantly undemo- Office. tack on faith-based values when they see one. cratic and raise substantial constitutional Public Housing Authorities Directors Asso- These restrictions force faith based organi- questions in the attempt to limit the rights ciation (PHADA). zations to make a choice: Provide low-income of affiliation. They are intended for no other RESULTS. housing or promote the ability to vote. That purpose than to reduce access to voting by Smart Growth America. choice is not one Congress should be forcing. low income people. People of color are over- Stewards of Affordable Housing for the Fu- It goes against our deepest principles and represented in the low income population, ture. strikes at those who can least protect them- making this a civil rights issue. Moreover, Technical Assistance Collaborative. selves. these provisions have serious implications The Arc of the U.S. for the broader nonprofit community by set- U.S. Public Interest Research Group (U.S. It is particularly inappropriate that the major- ting a very dangerous precedent. PIRG), National Association of State PIRGs. ity is trying to limit the rights of the disadvan- The low income housing community has United Cerebral Palsy. taged to vote this week, in the wake of the worked tirelessly to establish the Affordable United Church of Christ Justice and Wit- death of Rosa Parks. Rosa Parks was a na- Housing Fund in H.R. 1461, because we know ness Ministries. tional icon, a symbol of what one courageous

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00119 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23798 CONGRESSIONAL RECORD—HOUSE October 26, 2005 person can do to achieve civil rights and lib- Mr. MCGOVERN. Mr. Speaker, I yield bers of the House who appear to be able erties. This amendment to preserve non- 5 minutes to the distinguished gen- to run the House by using their influ- partisan voter registration could be called the tleman from Massachusetts (Mr. ence with the majority leadership, an Rosa Parks Amendment—to remind us that FRANK), the ranking member on the influence which does not seem to have she co-founded the Rosa and Raymond Parks committee. changed since the majority leadership Institute for Self Development to help young Mr. FRANK of Massachusetts. Mr. changed, they were able to take this people register to vote, and I am confident Speaker, first, as to the rule, let us be bill hostage. that she would have supported it with the quiet very clear. This is democracy denied b 1145 dignity and faith that she demonstrated in her squared. Substantively, this imposes They tried to kill this whole thing. own life. restraints on getting lower income peo- Members on their side now say, we are I urge my colleagues on both sides of the ple to vote. for doing this affordable housing. Well, aisle to repudiate these provisions that strike One of the Members of the majority, one of the authors of this restruction, then why did they try to kill it? all faith-based organizations. There was an amendment to kill the Mr. MCGOVERN. Mr. Speaker, I yield the gentleman from Florida, talked whole affordable housing fund, not re- 2 minutes to the gentlewoman from about ACORN. In fact, under provisions stricted. It lost 53 to 17, and so then California (Ms. WATERS). of the bill which are agreed upon they went to the majority leader and Ms. WATERS. Mr. Speaker, I find it unanimously, what ACORN proposed said we cannot win a fair fight. Hijack rather embarrassing to have to come to would have disqualified them from get- the bill. So now it comes to the rules the floor of the Congress of the United ting funds. There is agreement that if situation. Here it is. Yes, we will get States to protect the constitutional groups are engaging in partisan activ- the vote on the manager’s amendment. rights of the citizens of this country ity they should be excluded. The manager’s amendment includes when, in fact, that is what we were all One thing that the majority forgot to what the gentleman from Ohio, the elected for, to make sure that this de- mention, one of the pieces of their gentleman from Louisiana, myself, and mocracy works. amendment to which we object is the the gentleman from Pennsylvania all I am opposed to this rule, and I can- piece that says you can only partici- agree to, along with the gentlewoman not believe that my colleagues on the pate in this program if housing is your from California, to give a preference opposite side of the aisle would jeop- principal purpose. The faith-based ini- for those areas affected by the hurri- ardize the opportunity for us to provide tiative, rest in peace. Apparently, it cane. housing for people who are victims of did not last very long. So what the gentleman from Texas these hurricanes that have hit this The primary purpose of faith-based would have Members believe, both gen- country because they have interjected organizations is faith. It is not hous- tlemen from Texas, it is an open rule politics into this bill. ing. They would like to do housing. It on this issue because if you are willing This is absolutely outrageous. There is part of their mission, but it is not to vote not to give a preference to the is nothing in this bill that would allow their primary purpose. That is why not hurricane areas, you can also vote to any nonprofit or profit-making organi- just Catholic charities but the Con- let the Catholic Church participate in zation who wished to produce housing ference of Catholic Bishops of the low-income housing. They come as a for low- and moderate-income people to United States has asked that this be package. If you think the Catholic use this money for any political activ- amended, because this provision that Church and the Episcopal Church and ity. It is not fair. My colleagues are only if your primary purpose is housing the Methodist Church and other making it up, and it is absolutely out- can you participate denies any faith- churches ought to be able to partici- rageous. based group the right to participate. pate in this, then you have to vote not As a matter of fact, we were so con- Apparently, the fear of low-income to give preference to the hurricane cerned about making sure that every- people voting outweighs the support areas. That is their idea of a fair rule. body had an opportunity to provide for faith-based groups. All I asked for was a chance to agree housing, to produce housing, we put in What are the substantive restric- to everything in the manager’s amend- an amendment that would make sure tions? We agree that there should be no ment except for three things: Allow that this money would not go to one or partisanship. There would be a lot of faith-based groups to participate. Let two big organizations; that it would be restrictions if my very small, specific it be one of their primary purposes. Let available in rural communities; it amendment were to pass. You could do them do nonpartisan voter registration would be available to the faith-based not electioneering. You could not do and let them do nonpartisan get-out- communities; it would be available all lobbying beyond a very limited the-vote. We are not given a chance to over this country to small- and me- amount, but you could get out the vote on that. dium-sized organizations, not just a vote. You know what that means? We I hope Members will vote against the few large ones. had the Episcopalians, the Methodist, manager’s amendment. It is a tough So we have been very democratic. We the Orthodox Jews, all of which do a vote for Members in the hurricane know that there are some people on the lot of housing. You are the Methodists areas because they will be demagogued. opposite side of the aisle that did not and you run an elderly housing project, If the manager’s amendment is de- like the idea of providing funds for low- under the Republican provision, you feated, let me announce now, I will and moderate-income housing; but we cannot do get-out-the-vote activity if then offer a motion to recommit which also know, because of the leadership of you help build housing. So you cannot will be everything in the manager’s some people on the other side of the hire a bus to go take the old people to amendment except these three things. aisle who understood the homelessness vote. You cannot have somebody come So Members over there who have told and the crisis that we have in America, in and get them to register. these low-income groups, as often hap- lack of housing, the low-income people, That is what we are talking about. pens, I do not like what these people that they were able to prevail, and we There is an extremism here that is not have done, I do not want to exclude the came out with a good bill. comprehensively accepted in the his- Catholic Church, but my hands are Do not get up here and fuss and talk tory. tied, we will untie your hands. We will about closed rule, modified rule, man- The committee voted on this bill. It give you a chance to vote on it, but it ager’s amendment. It has nothing to do is contentious as anything I would is still not a fair vote. with that. My colleagues either want write, as anybody would write. It is a I think it is very clear that there is to provide low-income housing and not good bill which sets up a world-class one reason why the Members are not put politics in it and prevent people regulator. Much of what has been said allowed to vote on a specific amend- from exercising their constitutional on that side I agree with. ment that says let us take all of the re- rights or they do not want anything for Then the Republican Study Com- strictions on the groups, and when peo- anybody. mittee, the most conservative Mem- ple say we do not want the money

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23799 spent on other things, it has always nonissue just a few months ago. I think But this vote on the rule that I sup- been clear that the money can only be that points out the kind of progress we port is moving us forward to get to leg- spent on affordable housing. We are made in the committee. The 65–5 vote islation passing to help the hurricane talking about whether groups with that we had on final passage was quite victims and to better regulate the their own money can do other things. extraordinary. GSEs. I think there is a broad bipar- People have said the money is fungible. We also needed to look at the whole tisan consensus for that. Let us vote up Well, when we were debating faith- issue of affordable housing. The gen- the rule and get on with the debate. based groups, when we said if you give tleman from Ohio (Mr. NEY) and his Mr. MCGOVERN. Mr. Speaker, I yield money for day care, is that going to go subcommittee really deserve a lot of myself the balance of my time. to religious activities, we were told, credit for putting together, I think, a Mr. Speaker, over the past 5 years, no, they will be segregated. I agreed very solid plan borrowed from the we have seen 100,000 Federal housing with that. So the argument about Home Loan bank system from which units lost. We are down 50 percent in fungibility, apparently, appears to be they set aside 10 percent of their prof- real terms in elderly and disabled hous- itself very fungible. its towards affordable housing. Let me ing at a time when the leadership on Mr. Speaker, all we are asking for is point out that program has been in- the other side of the aisle has tried to a chance for an up-or-down vote on credibly successful over the years, bor- eliminate the Community Develop- three provisions which have never been rowing a page from the Home Loan ment Block Grant Program. They have voted on which were inserted here be- banks, in this case, to set aside 5 per- significantly cut back on the number cause the most conservative elements cent from Fannie Mae and Freddie Mac of section 8 vouchers for low-income in the Republican Party, the Repub- that would potentially provide hun- housing assistance, and they have tried lican Study Committee, got the major- dreds of millions of dollars towards af- to limit housing assistance overall, so fordable housing. Again, I think Mem- ity leader to make them a condition of it is important that this underlying bers agreed with that, and the concern the bill coming to the floor. I guess if bill pass and at the same time that this was always, I think, in the back of the rest of the Republicans want to be reprehensible provision, this attack on everybody’s mind to make certain that held hostage by that group, they will poor people, be struck from the bill. this money was accountable and it was Mr. Speaker, to prohibit organiza- show us by their votes today. used for bricks and mortar, actually Mr. SESSIONS. Mr. Speaker, I yield 5 tions from receiving funding for hous- building the homes instead of political minutes to the gentleman from Ohio ing, many of these organizations, faith- advocacy and the like. Indeed, I think based organizations, that participate in (Mr. OXLEY), chairman of the Com- we came to a reasonable conclusion on nonpartisan activities, as the New mittee on Financial Services. that. Mr. OXLEY. Mr. Speaker, let me York Times said today, has no place in We have differences as to the applica- thank the gentleman from Texas (Mr. our democracy. We can do so much bet- tion of that. It was always our goal to ter. The fact of the matter is that SESSIONS) for conducting a worthwhile make those funds available only to many of these faith-based organiza- debate on this issue and the rule. groups that had housing as a function While we will have plenty of time to tions that do an incredible job in hous- and that they had a track record. I am debate the merits of the legislation, ing will be barred from participating thinking of Habitat for Humanity as a and there are a great deal of those out because of this provision. Vote down good example, but also State housing the rule. Let us fix this provision. there, and I think both sides would agencies and for-profit companies that Mr. Speaker, I yield back the balance agree, I want to thank the gentleman would compete for those funds and of my time. from Louisiana (Mr. BAKER) for his ex- would have to be approved by the board Mr. SESSIONS. Mr. Speaker, I yield cellent work, as well as the gentleman we set up in the legislation, again, pro- myself the balance of my time. from Massachusetts (Mr. FRANK), the viding accountability where that Mr. Speaker, I heard the gentleman ranking member. money goes because it is technically, from Massachusetts refer to his 25 The approach that we took, begin- certainly, not government funds, tax- years of service in this distinguished ning with the need, the glaring need for payer funds, but private sector funds. body, and I have great respect for that; a world-class regulator for the GSEs, We want to make certain that every but I want him to know, and I am cer- became quite evident with the revela- dollar that was made available went tain he remembers this, that the tions of some of the accounting scan- into building affordable housing. Democrats when they were in the ma- dals that took place in both of those And then, of course, along came Hur- jority, many times denied Republicans institutions and to a lesser extent with ricane Katrina, Hurricane Rita, and an opportunity in the legislative and the Home Loan banks. now Wilma; and those events provided rulemaking process to have motions to Looking back in the past when Chair- another glaring need for affordable recommit. In fact, the Republican ma- man BAKER was a lone voice in trying housing in those heavily struck areas. jority has given the minority that to get changes in the regulatory struc- That is why we wanted to include those under this rule, as we have the entire ture to where we are now is quite ex- and provide them with the opportunity time we have been in the majority. traordinary. It is quite extraordinary to essentially be first in line for those This vote today is simply on the rule. that we are actually debating a rule funds because of the enormous com- The committee voted for the bill 65–5. that would bring up a major piece of plications that have developed down Members are going to have an oppor- legislation totally changing the way there in terms of housing and exacer- tunity during consideration of these we look at GSEs and their role in the bated an already difficult situation. amendments to voice their disapproval housing market and the secondary That is where we are now. of the manager’s amendment and vote market, particularly as it relates to I am proud of the committee and the it down if that is what they choose to their regulation and how they are regu- work we have been able to do. I think do. lated. I do not think anybody can we are in a position where we can de- The purpose of these changes that we argue that the structure we set up is bate the manager’s amendment under are talking about in the manager’s less than superlative and provides a the rule. There are several Democrat amendment is to prevent nonprofits world-class regulator. amendments made in order, Republican from receiving these funds and engag- Some of the issues we debated that amendments made in order, four on ing in political activity, to ensure that were so contentious, I think of receiv- each side. I think the Rules Committee the scarce and available funds for hous- ership, and all of the debates that we has done a superb job in doing that. I ing resources are allocated effectively had about the necessity for including know the gentleman from Massachu- and for their intended purpose, pure receivership language in it so in case setts will probably offer a motion to re- and simple. We want to make sure that one or both of the GSEs, that the regu- commit based on the issue of fund they are used for rebuilding houses lator could actually put them in re- availability. That is precisely within with the primary emphasis in the gulf ceivership, essentially became a his rights, and I would expect that. region.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23800 CONGRESSIONAL RECORD—HOUSE October 26, 2005 This legislation does not prevent and economically distressed areas, and in icaid from the poor, and aid to farmers, for nonprofit organizations from pursuing general increase the Nation’s supply of afford- bigger tax cuts for the richest Americans. a political agenda if they so choose. It able housing. The bill received broad bipar- They claim they support families, but they simply prevents them from accepting tisan support, reported by a vote of 65–5. are robbing the basic tenet of the American these funds if they put politics first. It It is unfortunate that the majority has cho- Dream—home ownership—right here in this is their choice. sen to mandate consideration of a bill that in- very bill. Hurricanes do not take party affili- cludes a provision restricting nonpartisan civic They claim to represent people of faith, but ation into account, and these funds are activities of nonprofit organizations, even if they are stripping away the ability of groups being contributed by the housing GSEs they use their own funds to conduct such ac- like Catholic Charities, Baptists and other peo- to rebuild this important region of our tivities. Nonprofit organizations (and any affil- ple of faith to use this new funding to benefit country. It should not be done on a po- iate of the nonprofit) would be prohibited from their communities and make America stronger. litical basis. I am very proud of this engaging in nonpartisan voter registration or If this rule passes the Republicans will have bill and the underlying legislation. get-out-the-vote activities. These restrictions done what they do best, stripping away the Ms. JACKSON-LEE of Texas. Mr. Speaker, would force low-income housing groups and American Dream of owning a home for mil- I rise in opposition to H. Res. 509 as reported faith-based groups to choose between obtain- lions of Americans. As well as continuing on out of the Committee on Rules last night rel- ing funding for low-income housing and using their path to destroying what this country ative to our debate of the GSE legislation, other funds to engage in nonpartisan voter stands for, religious freedom, home ownership H.R. 1461. While many substantive amend- registration and get-out-the-vote activities. and the ability of child to live a better life than ments were made in order, the committee In my home State of New Jersey, organiza- his or her parents. blocked what we undoubtedly consider one of tions like Catholic Charities provide vital social This debate is bigger than this rule, bigger the most substantive amendments that was of- services to vulnerable people in need, such as than this bill. It goes to the heart of who the fered by the gentleman from Massachusetts, food, clothing, counseling, and health services. Republican Party is today, and it is a party Mr. FRANK, the ranking member of the body They also routinely hold voter registration that does not stand for working people. from which the underlying measure was dis- drives before elections and provide elderly and This rule demonstrates this fact. Vote down charged. disabled voters with transportation to the polls. this anti-religion, anti-American rule. The gentleman’s amendment would have Their activities are nonpartisan and play a vital Mr. SESSIONS. Mr. Speaker, I yield removed language contained in the current role in ensuring that people are able to vote if back the balance of my time, and I manager’s amendment that bars organizations they so desire. Under this legislation, they move the previous question on the res- with proven experience in mobilizing commu- would no longer be able to fulfill this function. olution. nity support and resources—a nonpartisan ini- This body should not prohibit social service or- The previous question was ordered. tiative. In addition, the manager’s amendment ganizations from conducting nonpartisan civic The SPEAKER pro tempore (Mr. would constrain the ability of experienced activities. SIMPSON). The question is on the reso- faith-based and community-based organiza- The majority protests loudly when its actions lution. tions to successfully compete for the afford- are judged to be motivated by a desire to sup- The question was taken; and the able housing funds that are proposed in the press voter turnout and civic participation in Speaker pro tempore announced that underlying bill. urban or low-income areas. From the inclusion the ayes appeared to have it. My district of Houston, TX, has a plethora of of this discriminatory provision, it is difficult to Mr. MCGOVERN. Mr. Speaker, on faith-based organizations that have plans that reach any other conclusion. Today this rule that I demand the yeas and nays. would provide much-needed affordable hous- blocks an amendment by Representative BAR- The yeas and nays were ordered. ing for the surrounding community. Our afford- NEY FRANK that would remove this provision. The SPEAKER pro tempore. Pursu- able housing stock has suffered for a long It is disheartening to see that, at a time ant to clause 8 of rule XX, further pro- time, and I have been working steadfastly with when the majority and the administration ceedings on this question will be post- the Secretary of Housing and Urban Develop- claims to support removing barriers for faith- poned. ment to facilitate the obtainment of opportuni- based organizations, this provision has been f ties by these groups. The nugatory provisions included to restrict the activities they are per- in the manager’s amendment will contravene mitted to conduct. Inclusion of the provision MESSAGE FROM THE SENATE the hard work that I and many other Members has sunk the prospects of passing strong and A message from the Senate by Ms. have done to this end. bipartisan legislation that will help the most Curtis, one of its clerks, announced While I applaud the effort made by the ad- vulnerable obtain affordable housing. I urge that the Senate has passed a bill of the ministration to remove barriers to full participa- my colleagues to reject this rule. following title in which the concur- tion in Federal programs and funding faith- Mr. CROWLEY. Mr. Speaker, I rise to la- rence of the House is requested: based entities, proposals such as the man- ment the wrecking of a solid, bipartisan bill S. 443. An act to improve the investigation ager’s amendment will bar these groups from that, at one time, both established a tough of criminal antitrust offenses. access to this funding while for-profit agencies new regulator for our Nation’s secondary mort- remain free to engage in the democratic proc- gage market and created a new national hous- f ess which is every American’s birthright. This ing trust to build affordable housing. ANNOUNCEMENT BY THE SPEAKER double-standard must be removed. It con- Our Nation’s economic security and the PRO TEMPORE travenes the spirit of the U.S. Constitution. housing opportunity of millions of Americans is Mr. Speaker, I oppose this rule. being played with on the floor today. The SPEAKER pro tempore. Pursu- Mr. HOLT. Mr. Speaker, I rise today to op- But more than this particular bill, I also la- ant to clause 8 of rule XX, the Chair pose an outrageous provision attached to pre- ment the fact that this Congress is held hos- will postpone further proceedings viously strong legislation. I am shocked and tage to the extreme right wing agenda of the today on motions to suspend the rules disappointed that the majority has chosen to majority. A small cabal of 50 or so Members on which a recorded vote or the yeas destroy what was an effective, responsible, who, though small in number, loud in voice, and nays are ordered, or on which the and bipartisan bill by including an indefensible threaten this Republican Majority and hold this vote is objected to under clause 6 of provision to restrict nonpartisan civic activity of Congress and our country hostage. rule XX. nonprofit organizations. They claim they want smaller government Record votes on postponed questions This legislation started out as an example of but they are saddling our children with trillions will be taken later today. how the legislative process should work. The in the notorious birth tax—yes, every child f Financial Services Committee reported a bill to born in America today comes into this world reform Government Sponsored Enterprises, with a $30,000 debt to the Government thanks HURRICANE KATRINA FINANCIAL GSEs, and establish an Affordable Housing to the skewed economic policies of the so- SERVICES RELIEF ACT OF 2005 Fund, AHF. The bill would increase home called fiscally conservative Republican Party. Mr. BAKER. Mr. Speaker, I move to ownership among low-income families, in- They claim to help people but want to strip suspend the rules and pass the bill crease investment in housing in low income away student loans from college kids, Med- (H.R. 3945) to facilitate recovery from

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00122 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23801 the effects of Hurricane Katrina by tory institutions and insured credit unions (1) such institution or credit union— providing greater flexibility for, and operating under extraordinary cir- (A) derives more than 50 percent of its temporary waivers of certain require- cumstances to facilitate the cashing of Fed- total deposits from persons who normally re- ments and fees imposed on, depository eral government assistance and benefit side within, or whose principal place of busi- institutions and Federal regulatory checks. ness is normally within, a qualified disaster SEC. 5. WAIVER OF FEDERAL RESERVE BOARD area; agencies, and for other purposes, as FEES FOR CERTAIN SERVICES. (B) was at least adequately capitalized as amended. Notwithstanding section 11A of the Federal of August 28, 2005; and The Clerk read as follows: Reserve Act or any other provision of law, (C) has an acceptable plan for managing H.R. 3945 during the effective period of this section, a the increase in its total assets and total de- Be it enacted by the Senate and House of Rep- Federal reserve bank shall waive or rebate posits; and resentatives of the United States of America in any transaction fee for wire transfer services (2) the subtraction is consistent with the Congress assembled, that otherwise would be imposed on any in- purpose of section 38 of the Federal Deposit SECTION 1. SHORT TITLE. sured depository institution or insured cred- Insurance Act, in the case of an insured de- This Act may be cited as the ‘‘Hurricane it union that as of August 28, 2005, was pository institution, and section 216 of the Katrina Financial Services Relief Act of headquartered in a qualified disaster area. Federal Credit Union Act, in the case of an 2005’’. SEC. 6. FLEXIBILITY IN CAPITAL AND NET insured credit union. SEC. 2. FINDINGS. WORTH STANDARDS FOR AFFECTED (b) DEFINITIONS.—For purposes of this sec- The Congress finds as follows: INSTITUTIONS. tion, the following definitions shall apply: (1) On August 29, 2005, Hurricane Katrina, a (a) IN GENERAL.—Notwithstanding section (1) LEVERAGE LIMIT.—The term ‘‘leverage category 4 storm with an impact area of 38 of the Federal Deposit Insurance Act, sec- limit’’— 90,000 square miles, reached landfall dev- tion 216 of the Federal Credit Union Act, or (A) with respect to an insured depository astating the States of Louisiana, Mississippi any other provision of Federal law, during institution, has the same meaning as in sec- and Alabama, causing loss of life and prop- the 18-month period beginning on the date of tion 38 of the Federal Deposit Insurance Act; erty. enactment of this Act, the appropriate Fed- and (2) Levee breaches in the flood control sys- eral banking agency and the National Credit (B) with respect to an insured credit union, tem for the city of New Orleans as a result of Union Administration may forbear from tak- means the net worth ratio that corresponds Hurricane Katrina resulted in tragic flooding any action required under any such sec- to the leverage limit, as established in ac- ing, causing additional loss of life and prop- tion or provision, on a case-by-case basis, cordance with section 216(c)(2). erty. with respect to any undercapitalized insured (2) QUALIFYING AMOUNT ATTRIBUTABLE TO (3) Due to the substantial damage to both depository institution or undercapitalized INSURANCE PROCEEDS.—The term ‘‘qualifying property and infrastructure, more than insured credit union that is not significantly amount attributable to insurance proceeds’’ 1,000,000 people were made homeless or or critically undercapitalized, if such agency means the amount (if any) by which the in- brought under financial duress by the effects or Administration determines that— stitution’s or credit union’s total assets ex- of Hurricane Katrina. (1) the insured depository institution or in- ceed the institution’s or credit union’s aver- (4) At least 120 insured depository institu- sured credit union derives more than 50 per- age total assets during the calendar quarter tions and 96 insured credit unions are located cent of its total deposits from persons who ending before the date of the earliest Presi- in the areas of Texas, Louisiana, Mississippi normally reside within, or whose principal dential determination referred to in section and Alabama, declared as major disaster place of business is normally within, a quali- 3(4), because of the deposit of insurance pay- areas by the President. fied disaster area; ments or governmental assistance, including SEC. 3. DEFINITIONS. (2) the insured depository institution or in- government disaster relief payments, made For purposes of this Act, the following sured credit union was at least adequately with respect to damage caused by, or other definitions shall apply: capitalized as of August 28, 2005; costs resulting from, the major disaster (1) APPROPRIATE FEDERAL BANKING AGEN- (3) the reduction in the capital or net within a qualified disaster area. CY.—The term ‘‘appropriate Federal banking worth category of the insured depository in- SEC. 8. EFFECTIVE PERIOD. agency’’ has the same meaning as in section stitution or insured credit union is directly (a) IN GENERAL.—Except as provided in sec- 3 of the Federal Deposit Insurance Act. attributable to the impact of Hurricane tions 4(2), 6(a), and 7(a) and subject to sub- (2) INSURED CREDIT UNION.—The term ‘‘in- Katrina; and section (b), the provisions of this Act shall sured credit union’’ has the same meaning as (4) forbearance from any such action— not apply after the end of the 180-day period in section 101 of the Federal Credit Union (A) would facilitate the recovery of the in- beginning on the date of the enactment of Act. sured depository institution or insured cred- this Act. (b) 30-DAY EXTENSION AUTHORIZED.—With (3) INSURED DEPOSITORY INSTITUTION.—The it union from the disaster in accordance with term ‘‘insured depository institution’’ has a recovery plan or a capital or net worth res- respect to the provisions of section 5, the 180- the same meaning as in section 3 of the Fed- toration plan established by such depository day period referred to in subsection (a) may eral Deposit Insurance Act. institution or credit union; and be extended for 1 additional 30-day period upon a determination by the Board of Gov- (4) QUALIFIED DISASTER AREA.—The term (B) would be consistent with safe and ernors of the Federal Reserve System that ‘‘qualified disaster area’’ means any area sound practices. such extension is appropriate to achieve the within Alabama, Louisiana, or Mississippi in (b) CAPITAL AND NET WORTH CATEGORIES purposes of this Act. which the President, pursuant to section 401 DEFINED.—For purposes of this section, the of the Robert T. Stafford Disaster Relief and terms relating to capital categories for in- The SPEAKER pro tempore. Pursu- Emergency Assistance Act, has determined, sured depository institutions have the same ant to the rule, the gentleman from on or after August 28, 2005, that a major dis- meaning as in section 38(b)(1) of the Federal Louisiana (Mr. BAKER) and the gen- aster exists due to Hurricane Katrina. Deposit Insurance Act and the terms relat- tleman from Massachusetts (Mr. ing to net worth categories for insured credit SEC. 4. SENSE OF THE CONGRESS ON CASHING FRANK) each will control 20 minutes. OF GOVERNMENT CHECKS. unions have the same meaning as in section The Chair recognizes the gentleman It is the sense of the Congress that— 216(c)(1) of the Federal Credit Union Act. from Louisiana (Mr. BAKER). (1) it is vital that insured depository insti- SEC. 7. DEPOSIT OF INSURANCE PROCEEDS. Mr. BAKER. Mr. Speaker, I yield my- tutions and insured credit unions continue (a) IN GENERAL.—The appropriate Federal to provide financial services to consumers banking agency and the National Credit self such time as I may consume. displaced or otherwise affected by Hurricane Union Administration may, by order, permit Mr. Speaker, I rise today in support Katrina, which includes the cashing of Fed- an insured depository institution or insured of H.R. 3945 and express appreciation to eral government assistance and benefit credit union, during the 18-month period be- the chairman and the ranking member checks; ginning on the date of enactment of this Act, and the members of the Committee on (2) the Secretary of the Treasury and the to subtract from such institution’s or credit Financial Services for their continuing Federal financial regulators should seek to union’s total assets in calculating compli- assistance for those who are victims of educate insured depository institutions and ance with the leverage limit, applicable Hurricane Katrina. insured credit unions on the proper applica- under section 38 of the Federal Deposit In- In this instance, it is relative to fi- tion of the guidance issued by the Secretary surance Act or section 216(c)(2) of the Fed- nancial institutions who now find on cashing of Federal government assistance eral Credit Union Act with respect to such and benefit checks and published in the Fed- insured depository institution or insured themselves under some financial duress eral Register while such guidance is in ef- credit union, an amount not exceeding the as collateral for loan obligations has fect; and qualifying amount attributable to insurance been impaired, or in the case of loan re- (3) the Federal financial regulators should proceeds, if the agency or Administration de- payments, the revenue streams avail- continue to work with the insured deposi- termines that— able to the borrower are no longer

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23802 CONGRESSIONAL RECORD—HOUSE October 26, 2005 available for repayment of loan obliga- think credit should be given to the fi- obligations for those borrowers, as well tions. nancial regulators, to the Federal Re- as some restoration of the equity Under current regulatory law, the serve, the FDIC, the Office of Thrift homeowners may have in their prop- regulator must act when a financial in- Supervision, the Comptroller of the erty prior to the storm. stitution’s financial characteristics Currency, the Credit Union Adminis- It is intended to help communities take on certain problems. In the in- tration, because sometimes the news is rebuild, not simply build homes. The stance of this legislation, we are pro- what you do not hear. It is the dog that overall effort from extending assist- viding unprecedented flexibility for the does not bark that could be significant. ance and forbearance through the regu- regulator with regard to capital and Among the things that you have not latory process to financial institutions, net worth standards for lending insti- heard in these months since that prob- as well as extending assistance to tutions. Stated another way, we know lem, nearly 2 months now, you have homeowners who are now displaced these institutions are only impaired as not heard criticism of the financial from their property, is a massive long- a result of the consequences of Hurri- regulators. They deserve credit for hav- term effort, which will require the cane Katrina as they were all ade- ing taken maximum advantage of the work of this Congress, I suspect, for quately-to-well-capitalized the day be- flexibility they have. years to come. fore the storm made landfall. What this bill does is, frankly, to To those who are concerned about In addition to that capital and net say, yes, we have confidence in them. Louisianans rebuilding in cir- worth forbearance, we also extend We believe that they have behaved ap- cumstances which are less than desir- terms relative to deposit of insurance propriately, and this gives them even able, we share the view. Only when proceeds. Normally, when there is a more flexibility to take into account levee restoration is complete, only large influx of assets into the bank, de- the short-term concerns that we have when environmental remediation is posits or really liabilities, the bank is there while we work collectively on a complete will the rebuilding begin, and then required to take certain financial longer-term fix. I think this is an en- then to the highest hurricane stand- actions to ensure its financial sol- tirely appropriate piece of legislation. I ards available and applicable for our vency. This provides the regulator with am glad to support it. circumstance. But make no mistake. Because of the the ability to allow that aberrant be- Mr. Speaker, I have no further re- vital nature of the energy industry, the havior brought on by Hurricane quests for time, and I yield back the aquaculture industry, the shipping and Katrina insurance payments not trig- balance of my time. exporting business, which is conducted ger normal regulatory responses. Mr. BAKER. Mr. Speaker, I yield my- through one of the world’s largest To say it a different way, the bill self such time as I may consume. ports, the Baton Rouge/New Orleans, provides relief to financial institutions Mr. Speaker, I certainly appreciate there is an evident and obvious neces- which today could be found to be trou- the comments of the gentleman from sity for people to return to the great bled which are fully capable of restora- Massachusetts and his courtesy ex- city of New Orleans and the sur- tion of their responsibilities over time tended during the course of consider- rounding area because of the jobs that if the regulator is given the ability to ation of this and a number of other are necessary to provide the rest of the exercise the powers in this legislation. measures relating to the response to the Katrina effort. I feel it entirely ap- Nation with energy independence and b 1200 propriate, in light of the many people the abundance of natural resources I think it is well crafted. I think it is who are still adversely affected by the which our State produces. responsive to the problems identified, storm, to not appear that we are only Accordingly, the bill now before us is and I would hope the House would act expressing interest in the financial in- an important measure to help provide favorably on its consideration. stitutions. that economic stability going forward. Mr. Speaker, I reserve the balance of There are many individuals today It is a small part of a much larger my time. where their employment is no longer package, but there is a plan, coming Mr. FRANK of Massachusetts. Mr. possible because the structure where through in various pieces through each Speaker, I yield myself such time as I they worked is no longer there. There of the appropriate committees, to re- may consume. are folks who cannot go back to work spond to the needs of the people of Lou- Mr. Speaker, I concur with the gen- because other employees are unable to isiana in an appropriate and profes- tleman from Louisiana, this is a very be located. There are many people still sional manner. I simply ask the indulgence of those narrowly and appropriately drafted bill without homes living in a variety of people in Louisiana who are still deal- that provides relief that is both in tim- circumstances across the country. The ing with FEMA, living in a trailer, not ing and geography restricted. It allows state of emergency continues. flexibility in dealing with the affected In reaching out to those individuals, certain about tomorrow, to understand area. we are at work on a number of meas- the Congress is responsive to their con- None of us believe that this is ures, one of which I hope the House cerns, and over the course of the next enough. None of us believe that this re- will soon consider, H.R. 4100, relative several weeks, actions will be taken we solves all the problems. There continue to the Louisiana Recovery Corpora- hope all will find appropriate and re- to be serious problems for people there, tion. I will be speaking to that issue at sponsive. Mr. Speaker, I yield back the balance but what this will do will be to give the length in hearings over time, but I cer- of the time. financial institutions the flexibility tainly wanted to take advantage of the The SPEAKER pro tempore (Mr. and give the regulators the power to opportunity presented to let individ- SIMPSON). The question is on the mo- allow this flexibility to help us get uals adversely affected by the current tion offered by the gentleman from through this immediate period. storm circumstance understand that Louisiana (Mr. BAKER) that the House We will, I hope, soon be working on this is only one small part of a very suspend the rules and pass the bill, in our committee some broader meas- large effort by all of the members of H.R. 3945, as amended. ures of relief, not just in our com- the House delegation from Louisiana, The question was taken. mittee, but elsewhere. But at this as well as the members of the Com- The SPEAKER pro tempore. In the point, this relief, which is carefully re- mittee on Financial Services, to be re- opinion of the Chair, two-thirds of stricted, is entirely necessary to mini- sponsive to the entire array of identi- those present have voted in the affirm- mize the damage. fied difficulties. ative. The financial system in this country In fact, the corporation, once created Mr. BAKER. Mr. Speaker, on that I serves us well. Our financial inter- and authorized by the Congress, would demand the yeas and nays. mediaries do an excellent job. While enable to assist financial institutions The yeas and nays were ordered. not everything worked well, obviously, and homeowners with the acquisition The SPEAKER pro tempore. Pursu- during the response to the hurricane, I of mortgages and assuming the debt ant to clause 8 of rule XX and the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23803 Chair’s prior announcement, further Gutknecht Manzullo Rogers (MI) Obey Sa´ nchez, Linda Tauscher proceedings on this question will be Hall Marchant Rohrabacher Olver T. Taylor (MS) Harris McCaul (TX) Royce Ortiz Sanchez, Loretta Thompson (CA) postponed. Hart McCotter Ryan (WI) Owens Sanders Thompson (MS) Hastings (WA) McCrery Pallone Schakowsky f Ryun (KS) Tierney Hayes McHenry Saxton Pascrell Schiff Towns Hayworth McHugh Pastor Schwartz (PA) GENERAL LEAVE Schmidt Udall (CO) Hefley McKeon Schwarz (MI) Payne Scott (GA) Udall (NM) Pelosi Scott (VA) Mr. BAKER. Mr. Speaker, I ask Hensarling McMorris Sensenbrenner Van Hollen Peterson (MN) Serrano Herger Mica Sessions Vela´ zquez unanimous consent that all Members Hobson Miller (FL) Pomeroy Sherman Shadegg Visclosky may have 5 legislative days within Hoekstra Miller (MI) Price (NC) Skelton Shays Waters Hostettler Miller, Gary Rahall Slaughter which to revise and extend their re- Sherwood Watson Hulshof Moran (KS) Shimkus Rangel Smith (WA) marks and include extraneous material Ross Snyder Watt Hunter Murphy Shuster on H.R. 3945. Rothman Solis Waxman Hyde Musgrave Simmons Ruppersberger Spratt Weiner The SPEAKER pro tempore. Is there Inglis (SC) Myrick Simpson Rush Stark Woolsey objection to the request of the gen- Issa Neugebauer Smith (NJ) Ryan (OH) Strickland Wu tleman from Louisiana? Istook Ney Smith (TX) Jenkins Northup Sabo Stupak Wynn There was no objection. Sodrel Salazar Tanner Jindal Norwood Souder Johnson (CT) Nunes f Stearns NOT VOTING—17 Johnson (IL) Nussle Sullivan Bishop (GA) Foley Shaw Johnson, Sam Osborne Sweeney ANNOUNCEMENT BY THE SPEAKER Boswell Meek (FL) Wasserman Jones (NC) Otter Tancredo PRO TEMPORE Keller Oxley Brown-Waite, Platts Schultz Taylor (NC) Kelly Paul Ginny Reyes Wexler Terry The SPEAKER pro tempore. Pursu- King (IA) Pearce Diaz-Balart, L. Reynolds Young (FL) Thomas ant to clause 8 of rule XX, proceedings King (NY) Pence Diaz-Balart, M. Ros-Lehtinen Thornberry Kingston Peterson (PA) Emanuel Roybal-Allard will now resume on questions pre- Tiahrt viously postponed. Kirk Petri Kline Pickering Tiberi b 1232 Votes will be taken in the following Turner Knollenberg Pitts Messrs. CARDIN, CUMMINGS, and order: Kolbe Poe Upton Kuhl (NY) Pombo Walden (OR) BERRY, and Ms. CARSON changed Adopting H. Res. 509, by the yeas and Walsh nays. LaHood Porter their vote from ‘‘yea’’ to ‘‘nay.’’ Latham Price (GA) Wamp So the resolution was agreed to. Approving the Journal, by the yeas LaTourette Pryce (OH) Weldon (FL) and nays. Leach Putnam Weldon (PA) The result of the vote was announced Weller The first electronic vote will be con- Lewis (CA) Radanovich as above recorded. Lewis (KY) Ramstad Westmoreland ducted as a 15-minute vote. The second A motion to reconsider was laid on Linder Regula Whitfield the table. electronic vote will be conducted as a LoBiondo Rehberg Wicker 5-minute vote. Lucas Reichert Wilson (NM) f Lungren, Daniel Renzi Wilson (SC) f E. Rogers (LA) Wolf THE JOURNAL Mack Rogers (KY) Young (AK) PROVIDING FOR CONSIDERATION The SPEAKER pro tempore (Mr. OF H.R. 1461, FEDERAL HOUSING NAYS—196 SIMPSON). Pursuant to clause 8 of rule FINANCE REFORM ACT OF 2005 Abercrombie DeFazio Kennedy (RI) XX, the pending business is the ques- Ackerman DeGette Kildee tion of agreeing to the Speaker’s ap- The SPEAKER pro tempore. The Allen Delahunt Kilpatrick (MI) proval of the Journal on which the Andrews DeLauro Kind pending business is the vote on adop- yeas and nays are ordered. tion of House Resolution 509 on which Baca Dicks Kucinich Baird Dingell Langevin The question is on agreeing to the the yeas and nays are ordered. Baldwin Doggett Lantos Speaker’s approval of the Journal. The Clerk read the title of the resolu- Barrow Doyle Larsen (WA) Bean Edwards Larson (CT) This will be a 5-minute vote. tion. The vote was taken by electronic de- The SPEAKER pro tempore. The Becerra Engel Lee Berkley Eshoo Levin vice, and there were—yeas 349, nays 62, question is on the resolution. Berman Etheridge Lewis (GA) answered ‘‘present’’ 2, not voting 20, as Berry Evans Lipinski The vote was taken by electronic de- follows: vice, and there were—yeas 220, nays Bishop (NY) Farr Lofgren, Zoe Blumenauer Fattah Lowey [Roll No. 540] 196, not voting 17, as follows: Boren Filner Lynch YEAS—349 [Roll No. 539] Boucher Ford Maloney Boyd Frank (MA) Markey Abercrombie Bonner Chocola YEAS—220 Brady (PA) Gonzalez Marshall Ackerman Bono Clay Aderholt Buyer Ehlers Brown (OH) Gordon Matheson Aderholt Boozman Cleaver Akin Calvert Emerson Brown, Corrine Green, Al Matsui Akin Boren Clyburn Alexander Camp English (PA) Butterfield Green, Gene McCarthy Alexander Boucher Coble Bachus Cannon Everett Capps Grijalva McCollum (MN) Allen Boustany Cole (OK) Baker Cantor Feeney Capuano Gutierrez McDermott Andrews Boyd Conaway Barrett (SC) Capito Ferguson Cardin Harman McGovern Baca Bradley (NH) Conyers Bartlett (MD) Carter Fitzpatrick (PA) Cardoza Hastings (FL) McIntyre Bachus Brady (TX) Cooper Barton (TX) Castle Flake Carnahan Herseth McKinney Baker Brown (OH) Costa Bass Chabot Forbes Carson Higgins McNulty Barrett (SC) Brown (SC) Cramer Beauprez Chocola Fortenberry Case Hinchey Meehan Bartlett (MD) Brown, Corrine Crenshaw Biggert Coble Fossella Chandler Hinojosa Meeks (NY) Barton (TX) Burgess Crowley Bilirakis Cole (OK) Foxx Clay Holden Melancon Bass Burton (IN) Cubin Bishop (UT) Conaway Franks (AZ) Cleaver Holt Menendez Bean Butterfield Cuellar Blackburn Crenshaw Frelinghuysen Clyburn Honda Michaud Beauprez Buyer Culberson Blunt Cubin Gallegly Conyers Hooley Millender- Becerra Calvert Cummings Boehlert Culberson Garrett (NJ) Cooper Hoyer McDonald Berkley Camp Cunningham Boehner Cunningham Gerlach Costa Inslee Miller (NC) Berman Cannon Davis (AL) Bonilla Davis (KY) Gibbons Costello Israel Miller, George Biggert Cantor Davis (CA) Bonner Davis, Jo Ann Gilchrest Cramer Jackson (IL) Mollohan Bilirakis Capito Davis (FL) Bono Davis, Tom Gillmor Crowley Jackson-Lee Moore (KS) Bishop (NY) Capps Davis (IL) Boozman Deal (GA) Gingrey Cuellar (TX) Moore (WI) Bishop (UT) Cardin Davis (TN) Boustany DeLay Gohmert Cummings Jefferson Moran (VA) Blackburn Cardoza Davis, Jo Ann Bradley (NH) Dent Goode Davis (LA) Johnson, E. B. Murtha Blumenauer Carnahan Davis, Tom Brady (TX) Doolittle Goodlatte Davis (CA) Jones (OH) Nadler Blunt Carter Deal (GA) Brown (SC) Drake Granger Davis (FL) Kanjorski Napolitano Boehlert Case DeGette Burgess Dreier Graves Davis (IL) Kaptur Neal (MA) Boehner Castle Delahunt Burton (IN) Duncan Green (WI) Davis (TN) Kennedy (MN) Oberstar Bonilla Chabot DeLauro

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23804 CONGRESSIONAL RECORD—HOUSE October 26, 2005

DeLay Kildee Poe Fitzpatrick (PA) McCotter Strickland from Massachusetts (Mr. FRANK) each Dent Kilpatrick (MI) Pombo Fossella McDermott Stupak will control 30 minutes. Dicks Kind Pomeroy Graves McNulty Sweeney Dingell King (IA) Porter Grijalva Miller, George Tanner The Chair recognizes the gentleman Doggett King (NY) Price (GA) Gutknecht Moore (KS) Tauscher from Ohio (Mr. OXLEY). Doolittle Kingston Price (NC) Hart Moran (KS) Taylor (MS) Mr. OXLEY. Mr. Chairman, I yield Doyle Kirk Pryce (OH) Hastings (FL) Oberstar Thompson (CA) myself such time as I may consume. Drake Kline Putnam Hefley Olver Thompson (MS) Holt Otter Mr. Chairman, today the House will Dreier Knollenberg Radanovich Tiberi Jones (OH) Pastor consider H.R. 1461, the Federal Housing Duncan Kolbe Rahall Udall (CO) Edwards Kuhl (NY) Kennedy (MN) Peterson (MN) Rangel Udall (NM) Finance Reform Act of 2005. This legis- Ehlers LaHood Kucinich Ramstad Regula Vela´ zquez lation creates a world-class regulator Emanuel Langevin Larsen (WA) Sabo Rehberg Visclosky for the housing Government-Sponsored Emerson Lantos Reichert Latham Sanchez, Loretta Watson Engel Larson (CT) Renzi Lewis (GA) Schakowsky Enterprises, or GSEs, Fannie Mae, Weller Eshoo LaTourette Rogers (AL) LoBiondo Shuster Freddie Mac, and the Federal home Wu Etheridge Lee Rogers (KY) Matheson Slaughter loan banks. Evans Levin Rogers (MI) ANSWERED ‘‘PRESENT’’—2 Last May, the Committee on Finan- Everett Lewis (CA) Rohrabacher Farr Lewis (KY) Ross Carson Tancredo cial Services overwhelmingly approved Fattah Linder H.R. 1461 by a vote of 65 to 5. Rothman NOT VOTING—20 Ferguson Lipinski Royce We have worked a long time on GSE Flake Lofgren, Zoe Ruppersberger Bishop (GA) Green, Gene Roybal-Allard regulatory reform. Since the 106th Con- Forbes Lowey Rush Boswell Leach Shaw gress, we have had over 20 hearings and Ford Lucas Ryan (OH) Brown-Waite, Meek (FL) Wasserman Fortenberry Lungren, Daniel Ryan (WI) Ginny Moran (VA) Schultz received testimony from more than 100 Foxx E. Ryun (KS) Diaz-Balart, L. Platts Wexler witnesses on GSE-related matters. Cap- Frank (MA) Lynch Salazar Diaz-Balart, M. Reyes Young (FL) ital Markets Subcommittee Chairman Franks (AZ) Mack Sa´ nchez, Linda Feeney Reynolds Frelinghuysen Maloney T. Foley Ros-Lehtinen BAKER has worked hard on these issues Gallegly Manzullo Sanders for many, many years. He should be ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Garrett (NJ) Marchant Saxton commended for his many efforts. Gerlach Markey Schiff The SPEAKER pro tempore (Mr. I also want to thank Housing Sub- Gibbons Marshall Schmidt SHIMKUS) (during the vote). Members committee Chairman NEY for taking a Gilchrest Matsui Schwartz (PA) are advised 2 minutes remain in this Gillmor McCarthy Schwarz (MI) leadership role in developing the hous- Gingrey McCaul (TX) Scott (GA) vote. ing goals and Affordable Housing Fund Gohmert McCollum (MN) Scott (VA) b 1241 sections of the bill, as well as our rank- Gonzalez McCrery Sensenbrenner ing member, Mr. FRANK, for his con- Goode McGovern Serrano So the Journal was approved. Goodlatte McHenry structive input on many of the bill’s Sessions The result of the vote was announced Gordon McHugh Shadegg key provisions. Granger McIntyre Shays as above recorded. Green (WI) McKeon The GSEs are among the largest fi- Sherman f Green, Al McKinney Sherwood nancial institutions, with $2.5 trillion Gutierrez McMorris Shimkus GENERAL LEAVE in assets. Fannie Mae and Freddie Mac Hall Meehan Simmons own or guarantee nearly half of the Harman Meeks (NY) Simpson Mr. OXLEY. Mr. Speaker, I ask unan- Harris Melancon residential mortgage market. Eight Skelton imous consent that all Members may Hastings (WA) Menendez Smith (NJ) thousand banks, thrifts, and credit Hayes Mica have 5 legislative days within which to Smith (TX) unions have $550 billion in loans from Hayworth Michaud Smith (WA) revise and extend their remarks and in- Hensarling Millender- the 12 Federal home loan banks. For Snyder clude extraneous material on H.R. 1461, Herger McDonald decades the GSEs have served the hous- Sodrel Herseth Miller (FL) the Federal Housing Finance Reform Solis ing finance system well. Higgins Miller (MI) Act of 2005. Souder We have heard from some that Con- Hinchey Miller (NC) Spratt The SPEAKER pro tempore. Is there Hinojosa Miller, Gary gress should be cautious in creating a Stark objection to the request of the gen- Hobson Mollohan GSE regulator and mindful not to Hoekstra Moore (WI) Stearns tleman from Ohio? harm the housing market. However, we Holden Murphy Sullivan There was no objection. Honda Murtha Taylor (NC) are here today largely because we have Hooley Musgrave Terry f learned over the past 2 years about Hostettler Myrick Thomas multiple accounting violations and Thornberry FEDERAL HOUSING FINANCE Hoyer Nadler widespread corporate mismanagement Hulshof Napolitano Tiahrt REFORM ACT OF 2005 Tierney by the GSEs, resulting in billion-dollar Hunter Neal (MA) The SPEAKER pro tempore. Pursu- Hyde Neugebauer Towns earnings restatements. Inglis (SC) Ney Turner ant to House Resolution 509 and rule Inslee Northup Upton XVIII, the Chair declares the House in b 1245 Israel Norwood Van Hollen the Committee of the Whole House on This has brought to light the fact Issa Nunes Walden (OR) Istook Nussle Walsh the State of the Union for the consider- that current GSE regulators lack many Jackson (IL) Obey Wamp ation of the bill, H.R. 1461. of the supervisory and enforcement Jackson-Lee Ortiz Waters powers bank regulators currently have. Watt b 1243 (TX) Osborne H.R. 1461 will remedy this troublesome Jefferson Owens Waxman IN THE COMMITTEE OF THE WHOLE Jenkins Oxley Weiner situation by consolidating GSE regula- Jindal Pallone Weldon (FL) Accordingly, the House resolved tion and providing all of the tools need- Johnson (CT) Pascrell Weldon (PA) itself into the Committee of the Whole ed to oversee these huge, complex in- Johnson (IL) Paul Westmoreland House on the State of the Union for the Johnson, E. B. Payne Whitfield stitutions. Johnson, Sam Pearce Wicker consideration of the bill (H.R. 1461) to It is time for a new GSE regulator Jones (NC) Pelosi Wilson (NM) reform the regulation of certain hous- who can prevent problems from devel- Kanjorski Pence Wilson (SC) ing-related Government-sponsored en- oping and take swift action if the prob- Kaptur Peterson (PA) Wolf Keller Petri Woolsey terprises, and for other purposes, with lems arise, thus ensuring that the Kelly Pickering Wynn Mr. SIMPSON in the chair. housing market and financial system Kennedy (RI) Pitts Young (AK) The Clerk read the title of the bill. remains strong. Some believe that the The CHAIRMAN. Pursuant to the GSEs should be more tightly con- NAYS—62 rule, the bill is considered read the trolled. Federal Reserve Chairman Baird Brady (PA) Davis (KY) first time. Greenspan has called for a mandatory Baldwin Capuano DeFazio Barrow Chandler English (PA) Under the rule, the gentleman from reduction in their $1.5 trillion in mort- Berry Costello Filner Ohio (Mr. OXLEY) and the gentleman gage portfolio holdings.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23805 He is concerned about the systemic percent, then 5 percent, or $450 to $650 concerned. We do not want them car- risk posed by the GSEs, based on inves- million annually combined. rying debt that is not shown, that we tor perception that GSE debtholders In comparison, CBO estimated that do not understand, because we do not are backed by the Federal Government. in 2003, GSE status provided Fannie want these humongous general services I do not take this concern lightly, nor Mae and Freddie Mac a $20 billion Fed- enterprises to somehow get in trouble the potential for any taxpayer finan- eral subsidy, one-third of which was re- and we have to bail them out the way cial liability. tained by stockholders and manage- we did with the S&Ls. Today OFHEO can reduce a GSE’s ment, not passed through to borrowers. So despite the fact that we think portfolio only if the company is al- Twenty-five percent of the GSEs’ there was an effort by some on the op- ready seriously undercapitalized. H.R. contributions will go to the Treasury posite side of the aisle to basically deal 1461 gives a new regulator broad discre- Department to help pay off REFCorp, with the some of the arguments of the tionary authority to require portfolio that is the old S&L bonds, with the re- banks and savings and loans about the adjustments depending on the cir- mainder going to the fund. Funds will GSEs being too big, getting too retail, cumstances at the time, even if the be awarded through a competitive, basically taking over their markets, we GSE meets minimum capital stand- transparent application process to for- support reform; and we voted for the ards. profit builders, State, and local hous- bill because we support reform. Such action must be consistent with ing agencies and nonprofit organiza- Because of the vision of the gen- the GSE’s safe and sound operations or tions. tleman from Massachusetts (Mr. mission, relying on the regulator’s ex- This should result in Fannie and FRANK), we were able to do something pertise. H.R. 1461 strikes the right bal- Freddie leading the market rather than for working people and for poor people ance by fully empowering the GSE reg- lagging behind private sector lenders by creating this very, very special ar- ulator, while at the same time allowing as HUD has found in promoting afford- rangement that could be used for the the GSEs to pursue their mission in able housing for underserved commu- production and preservation of low-in- the housing market. nities. Moreover, a greater amount of come affordable housing, this kind of Specifically, the bill merges OFHEO, the GSE subsidy will go where Con- set aside. FHFB, and part of HUD into a new gress intended. It would be the after-tax profit from independent regulatory agency, the I intend to offer a manager’s amend- these GSEs that will be used to Federal Housing Finance Agency, to ment that includes a number of impor- produce low-income housing. And so oversee the GSEs. It is funded by an- tant changes to the fund, which I will despite the fact that for years there nual assessments on the GSEs, not sub- specify at that time. has been kind of a confrontation be- ject to the congressional appropria- Mr. Chairman, H.R. 1461 is of great tween the GSEs and the banks and tions process. The agency is headed by importance to the safety and soundness S&Ls about market share and all of a director appointed by the President of the housing mission of the GSEs, as that, we thought it made good sense to and confirmed by the Senate for a 5- well as to the stability of this Nation’s make sure that the GSEs were not too year term. housing and financial system. I urge big, carrying too much debt. So this re- There are three deputy directors for Members to support its passage. form is good. divisions of enterprise regulation, Fed- Mr. Chairman, I reserve the balance But what is absolutely mind-boggling eral Home Loan bank regulation, and of my time. about what has happened, from the housing. A housing finance oversight Mr. FRANK of Massachusetts. Mr. time the bill left committee until the board advises the agency on overall Chairman, I yield myself as much time time it has reached the floor today, is strategies and policies, but has no ex- as I may consume. this politicizing of the fund by some of ecutive authority. The board is com- Mr. Chairman, I agree with a great those on the opposite side of the aisle prised of the Secretaries of the Treas- deal of what the gentleman from Ohio who never supported this fund for low- ury and HUD, two appointed members (Mr. OXLEY) has said, as I agree with a and moderate-income housing to begin and the director as chairman. great deal of what is in the bill. In the with. The agency’s director is authorized nature of parliamentary debate, we What did they do? After the bill left to determine minimum and risk-based will be focusing on some specific points committee, they decided that they capital standards, review and adjust where I disagree, but I do not want were going to try to put some uncon- portfolio holdings, approve new pro- that to obscure the fact that there is a stitutional boundaries on nonprofits, grams and business activities, establish great deal of agreement. and I guess profit-making organiza- credential management and operation Mr. Chairman, I yield 41⁄2 minutes to tions alike, that would not allow them standards, take prompt corrective and the gentlewoman from California (Ms. to participate in the production of low- enforcement actions, put a critically WATERS) who as ranking member of the and moderate-income housing no mat- undercapitalized GSE into receiver- minority on the Housing Sub- ter what the need, no matter what the ship, require corporate governance im- committee has had a major role in crisis, if, in fact, they exercised their provements, and hire examination and shaping our position and in the impact constitutional rights to assist people accounting experts. of the affordable housing front. and lead people in doing voter registra- H.R. 1461 also greatly expands the af- Ms. WATERS. Mr. Chairman, I would tion. fordable housing role of Fannie and like to thank the gentleman from Mas- That is so unbelievable because, Freddie. By charter, they must assist sachusetts (Mr. FRANK) for yielding me number one, it is unconstitutional. It in providing mortgages for low- and the time and for the job he has done to is absolutely unconstitutional. This moderate-income families. The bill in- shape this legislation. government has shown that it indeed cludes new single-family and multi- I would like to thank the gentleman supports reaching out to the citizens of family housing goals, duty to serve from Ohio (Mr. OXLEY) for the tremen- this country to encourage them to be lower income markets and a new af- dous cooperation and the leadership involved in voting and participating in fordable housing fund with contribu- that has been shown that helped to get this democracy. We have the Motor tions from the enterprises. bipartisan support for this legislation. Voter Act, which says motor vehicle The bill establishes a fund to finance When it left our committee, it was a departments all over the country, when construction of houses for underserved good bill. It was a bill that even some people register their vehicles, encour- people. It is modeled after the success- people who had not wanted to support age them to vote; give them voter reg- ful Affordable Housing Program of the it went along with, because in the final ulation slips; do whatever you can to Federal Home Loan Bank system. analysis, it was going to bring about get them involved in the political proc- Fannie Mae and Freddie Mac will man- reform of the GSEs. ess. We are on record with doing that. age programs funded by a percentage of Now, some of us know that there is a And now to have those Members from their after-tax earnings, initially 3.5 need for reform with the GSEs. We are the opposite side of the aisle say that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23806 CONGRESSIONAL RECORD—HOUSE October 26, 2005 you cannot produce low-income hous- But all of a sudden, there seems to ership and their really tireless efforts ing if you exercise your constitutional have been a deafening silence when we on this bipartisan bill that we reported right by helping people to get reg- see Fannie and Freddie engaged in ac- out of committee. It is really tragic istered to vote is absolutely mind-bog- tivities that with respect to the finan- that it has unraveled and that the spir- gling. And let me tell you what is even cial restatements rival those that I it of bipartisanship has been totally more mind-boggling about this. We have described. And so these people eroded. know that we have gone through some play an incredible role in our market- Sadly, Mr. Chairman, the bill that I terrible, terrible times recently here in place, but we have given them incred- supported, like all of us supported, this country, down in Florida, where ible powers as well, and there must be coming out of the committee, a prod- there were databases that were devel- increased accountability. uct that struck a fair balance, a fair oped of people supposedly who had been So I think that this legislation takes balance between regulatory oversight incarcerated and committed felonies a very significant step forward in and the GSEs’ housing mission and that were supposedly not allowed to bringing about a significant regulator goals, would be turned on its head and vote. But it turned out to be fraudulent for these enterprises, because we know gutted by the undemocratic provisions databases. that we have been warned by the Chair- of the manager’s amendment that We have had attempts to stop people man of our Federal Reserve that par- would be offered today. and discourage them from voting by ticularly with respect to the portfolio It is rare that this House considers having uniformed officers question holdings of their own mortgage-backed housing bills, given our enormous them when they come into the polling securities that this represents a sys- housing crisis in our country. It is place. I would think that they would temic risk to our economy. shameful, especially given those left not want to continue with that kind of This is not something that we can homeless by Katrina, that our bipar- reputation. leave unregulated and unabated. And I tisan efforts to support increased home I will not vote for this bill no matter think this legislation takes a very good ownership and wealth building through how much it is needed, as long as the step forward. I hope in conference with the creation of an affordable housing constitutional rights are violated. the other body that we can came up trust fund have fallen victim to the Mr. OXLEY. Mr. Chairman, I yield with something that will help address rights wing’s ongoing assault on democracy and programs designed to help 31⁄2 minutes to the gentleman from this. I am also concerned about their the poor, the elderly, the disabled, the Texas (Mr. HENSARLING). mission creep. Mr. HENSARLING. Mr. Chairman, I Again, when we see them engaging in communities of color, and our underserved community. thank the gentleman for yielding me activities like airplane leasing and ac- Mr. Chairman, once again we have the time. I thank the gentleman for his tivities related to loan originations, found ourselves in a situation where great leadership on this bill, H.R. 1461. and the list goes on, if they are going This has clearly been a long, long time some of the Republicans giveth, and to receive government-granted bene- then they taketh away. They give us a in the making. It has taken unbeliev- fits, we need to ensure that they use able negotiation, incredible legislation, vote on a housing bill, but then they their charter to provide this liquidity ensure that it will be undercut by an incredible patience from our chairman. in the secondary-mortgage market. extremist provision inserted into the I want to congratulate the gentleman Now we know that there is a debate manager’s amendment at the bidding from Louisiana (Mr. BAKER), as well, over the affordable housing fund. of right-wing ideologues. Then, just to for his steadfast work, his incredible Again, I would ask my colleagues from ensure that these provisions prevail, leadership in bringing this bill to the the other side of the aisle, if we want the Republicans deny a fair vote on the floor, something, frankly, that has to create more affordable housing, why Frank amendment to strike it. been in the making for well over a dec- do we not go directly to the people who The nonprofit gag provision is not ade. need it? Why do we not simply increase only extreme and undemocratic, it is I think it would be good, Mr. Chair- that section 8 voucher? possibly unconstitutional. It would gag man, to remind people why we are here b 1300 nonpartisan speech and civic engage- in the first place. For a lot of Ameri- ment and participation in our most Are we trying to have affordable cans they do not quite understand what fundamental of democratic activities. the GSEs are, Fannie and Freddie. Ad- housing, or are we trying to have af- Let us be clear about the exact con- mittedly they play a very critical role fordable lobbyists and lawyers? I think sequences of this outrageous gag provi- in our housing market, in helping we should have affordable housing and sion. It prohibits nonprofits that build produce what we now enjoy, the high- support the manager’s amendment. affordable housing from engaging in est rate of homeownership in the his- Mr. FRANK of Massachusetts. Mr. nonpartisan voter registration. It pro- tory of America. Chairman, I yield myself 30 seconds to hibits nonprofits from engaging in non- But at the same time, we have given welcome the conversion of the gen- partisan get-out-to-vote efforts. It pro- them a very special charter. We have tleman from Texas to an increased sec- hibits nonprofits from engaging in non- given them unique government-granted tion 8 voucher program. We on our side partisan election activities period. benefits that we do not grant their have several times offered amendments What does that mean? For example, competitors, and we give them these to do that in the appropriations bill. I it means a preacher whose church re- benefits so that they can create liquid- did not remember him as a supporter. ceived affordable housing funds would ity in the secondary mortgage market But conversion is a great thing, and I be prohibited from calling on his pa- and help create the American Dream celebrate it, and I look forward to the rishioners to vote or even identify vot- for so many people. gentleman from Texas voting with us ing locations. It means that residents But, unfortunately, there have been the next time we move to increase the of a building constructed with afford- abuses, a number of abuses. We have section 8 voucher program. But it does able housing funds will not be able to now seen in recent years the largest fi- not solve all of the problems. host a debate or an election watch nancial restatement in history, dwarf- Mr. Chairman, I yield 3 minutes to party if their housing units are affili- ing the financial restatements that we the gentlewoman from California (Ms. ated with the supportive housing pro- saw at Enron and WorldCom. LEE), someone who has been very hard- gram. Now, when we saw all of these ac- working, both on voter registration These measures are unconscionable. counting irregularities earlier on with and on housing. They hurt the very people we are try- the Enrons and WorldComs of the Ms. LEE. Mr. Chairman, I want to ing to help, the poor, the low-income world, Congress was outraged. And thank the gentleman for yielding me communities, the elderly, the disabled Congress rightly answered with critical time. and our underserved communities. legislation, Sarbanes-Oxley, to address I want to thank Chairman OXLEY and Mr. Chairman, it is a testament to these types of corporate abuses. Ranking Member FRANK for their lead- just how far right this House has tilted

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23807 that the gentleman from Massachu- out the weaknesses in the manager’s visions which were not previously de- setts and Democrats have been denied amendment. I share her appreciation of bated in committee, which have gen- a fair vote. That is all we ask for is a the extremely excessive language erated considerable disagreement, de- fair vote on this critical issue that goes there. I think she is more optimistic serve close scrutiny. Because the rule to the core of our democracy and has than I about some of these little does not allow a clean vote to remove such dire consequences for our commu- tweaks, but I do appreciate her under- these troubling provisions from the nities. This is un-American. It is standing of its problems. legislation, I must regretfully oppose shameful. And I am left with no choice There are further problems, and this bill on final passage. but to reject the extreme provisions of there are other ways that we will get Beyond the concerns I have with the this amendment. at it, but I welcome the gentlewoman’s manager’s amendment, I have concerns Mr. OXLEY. Mr. Chairman, I yield 2 expression of disagreement with the ex- about those amendments which would minutes to the gentlewoman from Ohio treme sweep of the manager’s amend- alter the delicate balance we crafted in (Ms. PRYCE). ment. committee to create a strong, world- Ms. PRYCE of Ohio. Mr. Chairman, I Ms. PRYCE of Ohio. I am not in need class, and independent safety and would like to congratulate the chair- of any further time, and I thank the soundness regulator for GSEs. These man and Mr. BAKER and Mr. FRANK and chairman for his understanding of amendments, which I will oppose, Mr. NEY and the many Members who these issues. would remove the Treasury line of have worked so hard on this issue for Mr. FRANK of Massachusetts. When credit for the GSEs, impose capital years now. the gentlewoman says she is not in standards based on competition rather This is a strong bill that creates a need of further time, I think she is than risk, create arbitrary limitations world-class regulator for Fannie Mae, being very kind to her colleagues in on GSE portfolios for reasons other Freddie Mac and the Federal home the Republican Study Committee. She than safety and soundness, and alter loan bank at a time when one is much is being very kind to our colleagues provisions of the bill that will help needed. who miswrote this amendment. middle-income families purchase The only thing that I would differ I rise today, Mr. Chairman, because I homes in high-cost areas. with the gentlewoman is she said there am concerned about specific provisions Still, there are also a number of good are unintended consequences. No, to in the manager’s amendment which amendments which I will support, in- her they are unintended. To the people could have unintended consequences on cluding my own amendment to restore who think poor people vote too much, members of our senior population and the Presidential and regulatory board they were intended. But we can work the ability of nonprofits to work to- appointment systems for the GSEs. together to fix it. gether to serve low-income commu- Mr. Chairman, I yield 3 minutes to I hope all of my colleagues will sup- nities. Specifically, Mr. Chairman, I the gentleman from Pennsylvania (Mr. port this target amendment to retain would like to receive some assurance an independent public voice on Govern- KANJORSKI), the ranking member of the from you that you will work with me subcommittee of jurisdiction here, who ment-Sponsored Enterprise boards. on these issues as we move toward a has been one of the major architects of This amendment also has the support final bill in conference. And first I what we believe is mostly a very good of the National Association of Home would like to work to clarify language piece of legislation. Builders and the National Association in the amendment so it does not dis- Mr. KANJORSKI. Mr. Chairman, the of Realtors. qualify nonprofits from participating Committee on Financial Services has In closing, Mr. Chairman, while this in the Affordable Housing Fund if they studied the need to reform the regula- bill has many admirable aspects, the transport their own senior housing tion of housing Government-Sponsored process by which we have brought it to residents to the polls. That is with the Enterprises for nearly 6 years. the floor is flawed. As a result, I will understanding that many of these sen- Since convening our first government oppose this bill at the end of the day, iors have no other option to get to the hearing on GSE reform in March 2000, but hope to work to improve the legis- polls but for their own nursing home’s we have examined these matters exten- lation as it moves on in the process. transportation facilities. sively. As the ranking Democratic Mr. BAKER. Mr. Chairman, I yield 2 Mr. OXLEY. Mr. Chairman, will the member on the subcommittee of juris- minutes to the gentleman from New gentlewoman yield? diction, I have also had the oppor- Jersey (Mr. GARRETT), who was an in- Ms. PRYCE of Ohio. I yield to the tunity to participate in more than 20 strumental participant in the construc- gentleman from Ohio. hearings and to hear scores of wit- tion of the reform legislation under Mr. OXLEY. I look forward to work- nesses. consideration. ing with the gentlewoman on that The legislation to address these mat- Mr. GARRETT of New Jersey. Mr. issue. ters that the Committee on Financial Chairman, I rise today to compliment Ms. PRYCE of Ohio. I thank you very Services ultimately reported earlier both Chairman BAKER and Chairman much, Mr. Chairman. this year was a very, very good piece of OXLEY for their work in order to put Secondly, I would like to see clari- legislation. It would, as long as I have together a bill that the main purpose fication that the intention of the lan- advocated, created a strong, world- which is to regulate and strengthen the guage in the manager’s amendment class, independent regulatory for hous- regulation of Fannie Mae and Freddie pertaining to ‘‘overlapping board mem- ing GSEs. The bill also received the Mac. bership’’ was not to disallow single in- overwhelming backing of my col- If anyone here questions the need for dividuals from serving on the board of leagues on the committee, passing by a additional remedies such as regula- two organizations. Rather, the lan- vote of 65 to 5. tions, all we have to do is look at a guage was sought to disqualify affili- While I still believe this base legisla- brief history going back a couple of ated organizations from participating tive package is a good bill, I am con- years of these two entities. in the fund where clear control of one cerned about some of the amendments Back in January of 2003, Freddie Mac organization is maintained by another that we will debate today. For exam- issued a press release and stated it will which is participating in election ac- ple, the manager’s amendment that we issue an unaudited statement of earn- tivities. will shortly consider will add a number ings for the year 2002 and restate ac- Mr. OXLEY. I look forward to clari- of new provisions that will severely re- counting results for prior years. fying this language with the help of the strict the ability of faith-based groups November of the next year, Novem- gentlewoman from Ohio. to participate in the new Affordable ber 2003, Freddie issues a restatement Mr. FRANK of Massachusetts. Mr. Housing Fund created by this bill and of past accounting results for the year Chairman, I yield myself 1 minute. I to participate in our democracy. 2000, 2001, 2002, and revises its net earn- would be glad to yield the gentle- These changes are controversial, un- ings upwards by $4.4 billion that they woman from Ohio further time to point constitutional, and immoral. These re- were off in their records.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00129 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23808 CONGRESSIONAL RECORD—HOUSE October 26, 2005 September of 2004, OFHEO makes b 1315 ments, they had triggered another con- public a report highly critical of ac- Many faith-based groups will be pro- sequence. counting methods of Fannie Mae. No- hibited from providing housing to peo- Bonuses paid by the corporations to vember of 2004, Fannie announces that ple who desperately need it, simply be- management at Fannie Mae were tied it is unable again to file a third-quar- cause part of their moral mission is to directly to earnings per share, and ter earning statement because its audi- encourage people to vote, to become there were categories of earnings that tor, KPMG, refused to sign off on the participants in a democratic process. triggered highest, moderate and lowest accounting results. This provision would stifle people and bonuses that could be paid. Apparently December of 2004, the Securities and organizations from engaging in their in a given year, the earnings per share Exchange Commission, the SEC, issues civic responsibilities. target was hit to one-thousandths of a a statement supporting OFHEO’s re- These groups are engaging in lawful, cent accuracy, I was later told by port and orders Fannie to restate its fi- nonpartisan, civic activity, and I can- mathematical probability it just hap- nancial results. Again, in December of not believe that in 2005, this is not 1964, pened, that triggered the payment of 2004, the Fannie CEO Franklin Raines this is not 1965, this is not the OEO. $65 million in bonuses in a single year. and CFO Tim Howard have to resign This is not going back to the Nixon ad- Over the period of 2001 to 2003, the pe- from those entities. ministration. What are we saying to riod of time for which financials have Finally, in June of 2005, after 3 years, the people around the world, telling still not been certified, total bonuses finally Freddie issues its first audited the people in Iraq they can register, paid amounted to $154.3 million. These annual report since the year 2002. And they can vote, they can participate, bonuses are in addition to base salaries now we are here in October, and we but we are saying here in America that and other benefits, and represent look back about a week or so ago, and our own people, nonprofit, churches, money provided by the American tax- press reports are out again suggesting synagogues, faith-based groups cannot payers through guarantees of obliga- that investigators have uncovered engage in nonpartisan voter registrations that the agencies are able to use again new accounting violations of tion and voter turnout? What kind of in the business world to yield profits Fannie Mae, possibly including over- example are we sending for an emerg- for shareholders and evidently profits valued assets, underreported credit ing democracy? for themselves. losses, and misused tax credits. Voter identification, voter registra- Further examination of the ability of Mr. Chairman, if there was ever a tion and get-out-the-vote activities are the regulator to intervene even in the need of entities that need additional fundamental activities protected by matter of the unwarranted bonuses was regulation, it is Fannie Mae and the first amendment, the cornerstone later proven in court to be insufficient Freddie Mac. If there are ever two enti- of our democracy. to bar payment of the bonuses until ties that need to be limited in their To strengthen our democracy, we criminal illegality is proved. That mat- size, it is these two entities. If there need to increase voter registration and ter is still under examination at the were every two entities that need not increase voter turnout. We must pro- moment. The bill, however, is important for grow, it is these two entities. I applaud mote these activities, not discourage other reasons to taxpayers. This enter- the chairmen for their work to regu- them or penalize people for engaging in prise will stand between the agencies late them. them. This provision will take us back to who issue debt and engage in housing Mr. FRANK of Massachusetts. Mr. activities and significant potential Chairman, I yield 3 minutes to the gen- the dark past. This is undemocratic and unconstitutional. In my esti- losses to taxpayers should either of the tleman from Georgia (Mr. LEWIS). mation, it is dead wrong. We can do enterprises ever be found under signifi- Since this is a bill which in its form in cant financial duress. the manager’s amendment would inter- better, much better. Mr. BAKER. Mr. Chairman, I yield The regulator historically has been fere with voter registration efforts, myself such time as I may consume. impaired. It is the only financial regu- there can be no more appropriate I think it important to realize how lator in the United States which must speaker on our side than the gentleman we came to this point with just the come to the Congress for its funding. from Georgia, who, 40 years ago and briefest of look-backs over historical All other regulators are funded by as- more, literally risked his life to ad- performance of the three enterprises sessments on the regulated entities. We vance the rights of people to vote. And that will be subject to the new regu- fixed that problem. All other regu- I do not think he will be deterred any latory standards. lators have the ability to reach inside more today than he was by Bull Con- In May of 1996, both HUD and the the organization of a financial enter- nor. Treasury agencies issued reports to the prise and adjust its capital require- Mr. LEWIS of Georgia. Mr. Chair- committee which were suggestive of re- ments. That is money put in the sock man, I want to thank my friend and my forms which ought to be considered and drawer for a rainy day. In case some- colleague from Massachusetts for adopted by the Congress, to which the thing goes bad, you need to have cap- yielding me time. then-acting Vice President for Cor- ital. Today we should be doing one thing, porate Relations at Fannie Mae made For the OFHEO-regulated enter- providing housing for people who need the following professional comment: prises, you had to come to the Congress it. I must tell you, Mr. Chairman, I am ‘‘This is the work of economic pencil and pass an act of Congress to adjust deeply disturbed that we would add brains who wouldn’t recognize some- the capital. If any other financial en- language to this bill to prohibit non- thing that works for ordinary home terprise were to get into financial du- profit organizations and groups, buyers if it bit them in their erasers.’’ ress and be unwound in the market- churches, synagogues, mosques, from To which the CBO responded to the place, that process is called receiver- engaging in civic participation, activ- criticisms: Not only do the manage- ship. Not so for Fannie Mae and ity like nonpartisan voter regulation ments of Fannie Mae and Freddie Mac Freddie Mac. There are special provi- and get-out-the-vote drives. That is have a fiduciary responsibility to de- sions that allow the Congress to inter- wrong. That is dead wrong. fend shareholder interest, but their vene in protection of their financial in- The right to vote, the right to par- own financial interests and compensa- terest. This bill remedies that problem. ticipate in the democratic process in tion are closely linked to the continued There are a host of other matters our country is almost sacred. The flow of subsidies to the enterprises. that the 360 pages of the bill address, churches, the synagogues, religious in- How prescient were those observa- but probably the most important is a stitutions, nonprofits have a long his- tions of the CBO in 1996. It required al- tool used by regulators today in finan- tory of being involved in efforts to get most a decade longer before it was dis- cial enterprises known as prompt cor- people to participate, to register and to covered that earnings manipulations rective action. That means if a regu- vote. not only had led to significant restate- lator sees an activity that could lead

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23809 to injury of shareholders and tax- foremost should be utilized to help peo- ing Fund. If that wasn’t bad enough, the payers, it can intercede at a very early ple in true need of housing, not polit- amendment further prohibits nonprofits that re- time and require a cessation of those ical activism. ceive grant funds from subsequently engaging activities or simply prohibit them from If one is engaged in political activism in these important activities. doing it again. We provide for prompt and building houses as of today’s date, This Congress should be about promoting corrective action. you can continue to do it. If you wish the values and the processes of democratic What we enable with the passage of to be engaged in this fund going for- government, not trying to limit or suppress this bill is the creation of an independ- ward, you will have to make a policy them. What are you afraid of, more Americans ently funded regulator, with all the decision, do I wish to continue political exercising their right to participate in their gov- tools a modern financial regulator activism, or do I really want to help ernment? should have to oversee vastly complex people get in homes? Mr. FRANK of Massachusetts. Mr. financial enterprises to protect the Mr. Chairman, I represent to the Chairman, I yield 5 minutes to the gen- American taxpayer from unwarranted House this is a fair bill, fair com- tleman from California (Mr. BACA), one losses. promise and responsible action on the of our most energetic members on the Besides the criticism leveled at the part of this House, and I urge Members committee, fully familiar with the bill today relative to affordable hous- to support its adoption. need for housing in particular. ing, there is another issue which I feel Mr. Chairman, I reserve the balance Mr. BACA. Mr. Chairman, I thank appropriate to address, and that is rel- of my time. the gentleman from Massachusetts for ative to the growth constraints on the Mr. FRANK of Massachusetts. Mr. the time. investment portfolios of the two enter- Chairman, I yield myself 15 seconds to I think we have put together a good prises. say the gentleman from Louisiana has bill. It was a bipartisan bill. It ad- They have, in the aggregate, $1.6 tril- phrased that conundrum for groups ex- dressed a lot of the concerns that a lot lion invested in the two portfolios. actly correctly. of us had about affordable housing for Under the prudential management and I agree with the Roman Catholic minorities, low-income individuals who operations standards of the bill, the di- Church of the United States that they have an opportunity to obtain a home, rector of the new enterprise shall ex- should not have to make that choice, but with the poison pill that has been amine counterparty risks; management and the Episcopal Church and the Bap- put in in its final package, it makes of interest rate risks; adequacy and tist. That is exactly what the Catholic the bill very difficult to support. maintenance of liquidity and reserves; Church says: We have been doing hous- All of us believe that affordable management of asset and investment ing; do not make us choose. homes should be available for individ- portfolios; investments and acquisi- Mr. Chairman, I yield for the purpose uals. This does strengthen regulatory tions; overall risk management proc- of making a unanimous consent re- oversight on Freddie Mac, Fannie Mae esses; and, if we did not cover it in that quest to the gentlewoman from Cali- and the Federal home loan banks. I list, such other operational and man- fornia (Ms. ZOE LOFGREN). think that is positive, and it presents agement standards as the director de- Ms. ZOE LOFGREN of California. Mr. an opportunity for many individuals, termines to be appropriate. That trans- Chairman, I thank the gentleman for especially in my area, San Bernardino lates into, if you do not see it on our yielding. County, the Inland Empire, where we list, Mr. Director, go do it anyway, be- Mr. Chairman, I am concerned about two have a lot of growth in the area. We cause we are giving you the authority. provisions in this bill, raising the conforming have people that are moving from Or- Finally, as to the ability to establish loan limit and the attempt to limit the ability of ange County, L.A., San Diego. They are how the portfolio should be reduced American citizens to engage in our democratic looking at buying affordable homes. and to what level, Secretary Snow tes- process currently contained in the manager’s This bill would give many individuals, tified before our committee he could amendment offered by Mr. OXLEY. low income, an opportunity to do that, not tell us how to do it or to what level Mr. Chairman, in my district, the median especially when the average cost of a they should be adjusted, but he did go price for a home in Santa Clara County is home in L.A. is $475,000, and in San on to say it should be the subject of $715,000, yes I said $715,000. The current Bernardino it is $352,000. Many individ- professional examination and rec- conforming loan limit is $359,650, about 50 uals cannot afford to buy a home. ommendation. percent of what the median home price is. Mr. Now that they have that first oppor- Finally, on page 273 of the bill, we Chairman, there are simply not enough homes tunity, I know what it is like because read: ‘‘An analysis of the potential sys- at or near the conforming loan limit to meet I came from a family of 15, and I know temic risk implications for the enter- the needs of my constituents. for the very first time when we were prises, the housing and capital mar- As a result of this shortage of homes priced able to buy a home. Had we not bought kets, and the financial system of port- near the conforming loan limit, many first-time a home, I would not have had stability folio holdings, and whether such hold- homebuyers are either forced into taking out in my roots in the immediate area. ings should be limited or reduced over jumbo loans or are more likely simply priced That is why provisions of this bill are time,’’ is the director’s obligation to out of the market altogether. great. engage in professional study, make rec- Some argue that the conforming loan limit What I do not like about the bill is a ommendations to the Congress if con- will not make a meaningful cost difference for poison pill that has been put on there, gressional action is needed, or other- homebuyers. Currently there is a .25 percent which I believe it is unconstitutional wise act in the best interest of the to .40 percent difference between interest and restrictions aimed at suppressing United States taxpayer. rates on a conforming loan versus a jumbo the civil rights engaged in by poor mi- Finally, with regard to the concerns loan. In today’s market that difference can be norities for voting. We believe that over the affordable housing disposition, as much as $135.00 per month. That matters every person should have the right to it should be pointed out these funds are to hardworking families. vote and to participate, and we say not available today. This is a new fund. I remind my Republican colleagues that this that that does not preclude them, and If people are engaged in assistance as a administration, in testimony before the House you have to put a priority whether it is charitable activity in affording hous- Financial Services Committee spoke in favor for affordable housing or whether you ing to low-income individuals and reg- of raising the conforming loan limit. will be involved in engaging, encour- istering people to vote, this bill will Part of Mr. OXLEY’s amendment is simply aging individuals. not preclude that activity from going un-American. Mr. OXLEY seeks to prohibit non- America has always encouraged indi- forward. What it merely says is that in profit organizations from engaging in non- viduals to participate in our American an instance where we have limited partisan, I repeat nonpartisan, voter registra- democracy, and that is the democracy funds available, estimated to be per- tion efforts and get out the vote drives in the of voting. We have our veterans who haps $500 million spread across the en- 12-month period prior to applying for funds have fought for this country and are tire country, that those funds first and made available through the Affordable Hous- now fighting in Iraq, are fighting for

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23810 CONGRESSIONAL RECORD—HOUSE October 26, 2005 the freedoms that we enjoy today. One for GSEs to serve underserved areas, enhanc- cally supported Democrats. Now Republicans of those freedoms is the right to get ing the GSEs affordable housing goals and in- are determined to deny affordable housing to out and vote, to allow every individual creasing loan limits for high cost areas. these same minority groups. Is this payback? to participate and vote, not to restrict This bill includes an affordable housing fund I hope that we would all agree our country individuals, but to allow them to vote. that will increase affordable housing for low in- is stronger if more Americans register to vote This would restrict these individuals come communities. and show up at the polls, whichever party or who are getting funded for the housing This fund is particularly important to me be- candidate they support. We need to encour- to say you are not going to participate cause of its potential to increase affordable age participation in our great democracy not in this American democracy by reg- housing for many hard-working families in my limit it. I want to mention an American hero, istering individuals to vote. We should district. Housing costs in Southern California Alice Paul, who made our country better, fair- allow them. It is part of democracy. have skyrocketed. Many families have moved er, more Democratic by leading the struggle This is anti-civil rights, especially to the San Bernardino area where housing is for women’s rights—including the right to vote. when we just have Rosa Parks who just considered less expensive. But even here, we By the way, she was a Republican, but she died and fought hard for civil rights. have seen home prices rise quickly, and I am was committed to promoting political participa- We have Alice Paul who fought for the concerned that many working couples cannot tion. suffrage of women and others to en- afford a home. So we should encourage community organi- courage to make sure that women had Last week, the Los Angeles Times reported zations to help register voters and praise them the right to vote. that the median price paid for a Southern Cali- for doing so, not penalize them or prevent Now what we are saying is, minori- fornia home was $475,000 in September, up them. ties, you are voting in higher numbers; 16.1 percent from a year earlier. In San The restrictions added by Republicans serve we are not going to include you in part Bernardino County, the median price has risen no other purpose than to reduce access to of that process because if you do, and if 32.8 percent in the past year to $352,000. voting by low income people, and I urge my you get involved in part of that proc- This issue has great meaning to me person- colleagues to vote against the restrictions. ess, we are going to cut out your fund- ally. I grew up in a family with 15 children If however, they pass, I am committed to ing. I believe this is not fair. That is without a lot of money. I have been fortunate working with my colleagues to strip away why the National Council of La Raza, enough to have worked hard and been able to these horrible provisions as the bill goes NAACP, NALEO, LULAC, Puerto Rican achieve the American dream of owning a through the Conference Committee Process. Association, faith-based initiatives are home. But I know that this dream remains un- Mr. BAKER. Mr. Chairman, I yield 2 all opposing the restriction of this attainable for millions of families. minutes to the distinguished gen- anti-poison pill that has been put into Hispanic families especially face difficulties tleman from Delaware (Mr. CASTLE), this bill. buying a home as their incomes on average who is a long-term co-contributor to I hope we can make a correction in are lower, and they might not have the same the preparation of the legislation be- the Senate and do justice for every in- access to or understanding of financial institu- fore us. dividual. We talk about Leave No Child tions. I hope the Affordable Housing Fund will b 1330 Behind. Now we are saying leave every increase rental and homeownership opportuni- individual who wants to participate ties for these and other working class families. Mr. CASTLE. Mr. Chairman, I thank from low-income minority families be- As a Catholic, I have learned of our obliga- Chairman BAKER for yielding me this hind because we do not want them to tion to serve the poor. I am proud of the work time; and to call me a co-contributor, participate in our American democ- that Catholic Charities and other faith-based when one considers all the effort he has racy. groups engage in. Their mission to help those put into this, is a vast overstatement. This is about America. We are proud in need includes providing shelter and also I have never seen, during the time I Americans, and we should allow every helping citizens fully participate in America’s have been here, which is a number of American to participate. We should not political process. years now, a legislator work so hard on deny one organization from going to While I support the bill for its merits, I am a particular issue; and I congratulate them and asking them to participate in strongly opposed to the restrictions added Chairman BAKER for getting it this far. that process. What we are doing is say- after it passed the committee that place se- And I would like to thank the ranking, you will not be involved in that vere restrictions on nonprofit entities and faith ing member. The gentleman from Mas- process, you will not be involved in based groups applying for affordable housing sachusetts (Mr. FRANK) has been ex- that process. No, that is unfair. It is grants. tremely helpful. I do not know where un-American. The language inserted would undermine this is going to come out in the end be- As an American and a Member who and severely limit the fund by excluding non- cause of the discussion and dispute served in the Armed Forces, which we profits involved in non-partisan voter registra- over the affordable housing fund. But, fought for many individuals, we have tion efforts. basically, I think the underlying bill is that responsibility, Mr. Chairman. We Republicans are trying to prevent church a heck of a sound bill. I would like to have the responsibility to make sure groups and other respected non-profit organi- credit both sides. that every American has that right. zations from providing important services. We do not have a lot of legislation on Let us not go backwards. Let us go They are engaged in yet another backdoor this floor which is really done with the forward. Together we can make a dif- scheme to sneak in unconstitutional restric- best interests of America at heart ference. tions aimed at suppressing the civic engage- without any consideration for politics, Mr. Chairman, I rise in support of H.R. 1461 ment of working class and minority families. Republican or Democrat; and I think to strengthen the regulatory oversight of These non-partisan community groups often this is one piece of legislation that Fannie Mae, Freddie Mac, and the Federal serve as the main point of contact and, in does this. Home Loan Banks. many cases, are the only local groups ad- I doubt there are those, other than I comment my colleagues on the Financial dressing the social, civic, and educational the gentleman from Massachusetts Services Committee for their bipartisan ap- needs of the people they serve. Yet Conserv- (Mr. FRANK) and the gentleman from proach and hard work in drafting this important ative Republicans want to force these trusted Louisiana (Mr. BAKER), and maybe bill. organizations to choose between providing three or four other people in Congress, This bill keeps the Government Sponsored civic education and affordable housing. a few on the outside, who can really de- Enterprises (GSEs) safe, sound and focused Why? Why do Republicans want to deny scribe all that this means in terms of on their mission while preserving their mission low income and minority voters participation in the GSEs. to support financing for low- and moderate- in- the political process? What do they fear? Do When you are dealing with Fannie come housing. they fear democracy? Mae and Freddie Mac and the Home Also, this bill includes provisions that will in- During the presidential campaign, Repub- Loan banks, virtually any mortgage crease housing opportunities for low income lican leaders made aggressive efforts to woo out there is in some way touching on families by: establishing a specific requirement Black and Hispanic voters who have histori- them. They have vast investments.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00132 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23811 They have vast sums of dollars that that is affordable to people, and they have destroyed literally hundreds of they are handling on a regular basis. If would not be able to participate. Look thousands of homes across the south- there are any organizations that need at what would be left out with this ri- ern part of this country, it is no time close scrutiny and regulation in this diculous amendment. to shackle the hands of our nonprofit, country, to me it is these GSEs. That Furthermore, if you read this amend- faith-based organizations from doing is what this bill does. ment, it clearly states in its language what Americans have always taken I am not critical of those who have that the restrictions for not-for-profits pride in, and that is helping their been doing the regulation before, but are not the same restrictions as for- neighbor. the bottom line is there were some profits. I wonder if for-profits can en- While like most Members I deeply re- problems. We do need the most sophis- gage in whatever they want to and still spect the separation of church and ticated kind of regulation that we can be able to participate in these fund- State in matters of worship and the have, because they are participating in ings, but not-for-profits would not. freedom to practice religion without some of the most sophisticated kinds of It seems to me there is a lot of talk, government influence, there has al- investments that one can make. We are talk about democracy; but we truly do ways been in this country a recogni- dealing with a housing market; and not want democracy. We are trying to tion, at least until now, that we have while I hope there will not be a bubble lock out a whole group of people from faith-based institutions; and when they or anything of that nature, there are having the opportunity to vote. When have sought to provide basic assist- problems potentially in that area that we look at the numbers of people who ance, such as food for the hungry and we will have to deal with, and we want come out to vote, the numbers are far health care for the sick and elderly and to make sure that they are closely less than the percentages any place housing for the homeless, free of any monitored so they will not contribute else. We should be doing everything in effort to persuade or proselytize, they to that particular problem. our power to encourage people to come are in the business of solely reducing I appreciate the affordable housing out to vote. suffering, and we have recognized the fund. I am sorry there is a dispute over I wonder why the Republicans are goodness in that. it. I think the concept of the affordable doing this. For if they feel so strong That would end today if the man- housing fund makes a heck of a lot of and righteous about their manager’s ager’s amendment succeeds. We would sense as well. amendment, they surely would have al- have a departure in this country from I would strongly recommend this leg- lowed the Frank amendment which that long tradition, and for those rea- islation. I hope it will pass in the would have stripped this destructive sons I oppose this bill. House and we can achieve this as final language before a vote. They did not do Mr. FRANK of Massachusetts. Mr. legislation that the President can sign this because they are afraid their own Chairman, I yield 21⁄2 minutes to the and all of us can take a great deal of Republican Members that support the gentleman from New York (Mr. CROW- pride in doing something that is con- CDCs and faith-based affordable hous- LEY), one of the most active members structive for America. ing programs would vote in favor of the of the committee and very familiar Mr. FRANK of Massachusetts. Mr. Frank amendment. There is no democ- with needs for housing. Chairman, I yield myself such time as racy for the Republican Caucus. This Mr. CROWLEY. Mr. Chairman, I rise I may consume. was an excellent bill that the radical to tell my colleagues of the good bipar- First, let me say that I am glad that right wing of the Republican Caucus tisan bill that was crafted by the Fi- the gentleman from Louisiana (Mr. has destroyed. nancial Services Committee, by Chair- BAKER) indicated the status of the gen- Mr. BAKER. Mr. Chairman, I reserve man OXLEY and by ranking member tleman from Delaware (Mr. CASTLE), the balance of my time. BARNEY FRANK. because I would not have wanted him Mr. FRANK of Massachusetts. Mr. The members of that committee to have been an unindicated co-contrib- Chairman, I yield 21⁄2 minutes to the crafted a bill that passed the com- utor. I think that was very helpful. gentleman from Massachusetts (Mr. mittee on a vote of 65–5 that would fi- Mr. Chairman, I yield 21⁄2 minutes to LYNCH), who has worked in the building nally create a tough new regulator for the gentleman from New York (Mr. trades and knows this issue very well. the Federal housing GSEs and the Fed- MEEKS), a very active member of the Mr. LYNCH. Mr. Chairman, I thank eral Home Loan Banks, something that Committee on Financial Services who the gentleman for yielding me this was needed after some accounting is very aware of the need for housing. time. missteps at the GSEs. Mr. MEEKS of New York. Mr. Chair- Mr. Chairman, I rise in opposition to At the same time, this bill also cre- man, as a member of the Committee on the measure before us today. Specifi- ated a massive new Federal housing Financial Services, I am shocked and cally, I stand in this House to condemn trust fund, using a percentage of the disappointed in the result of what up the language in this bill which would profits of these housing GSEs to ensure until now has been a true bipartisan prohibit faith-based organizations, our a new stock of affordable housing in policy-making effort. churches, my church, our temples and every section of this country and pro- We in this committee this past May synagogues and mosques, from helping viding millions of families the oppor- passed a bill, H.R. 1461, by a vote of 65– the homeless by providing housing for tunity of attaining the American 5. There was true bipartisanship. In the thousands of families in this coun- dream of homeownership. But that is fact, just yesterday I was talking about try who are either homeless or in shel- not the bill that is before us under this how the committee was working col- ters or forced to live in substandard manager’s amendment. lectively together and there was really housing. This bill went before the Committee bipartisanship and we would come up Under the express terms of this man- on Rules where it was hijacked by the with a bill that we could agree upon. ager’s amendment, nonprofit groups extremist wing of the Republican How wrong, how wrong I am. that engage in voter participation ac- Party that holds a grip over the House Unfortunately, the Republican Study tivities will be prohibited from apply- of Representatives. They added lan- Committee got involved and has ing for a grant under the affordable guage to ban churches and other pushed for an unjust and unnecessary housing fund. I am frustrated as well houses of worship the ability to tap amendment that restricts nonprofits with the whole process here because into these funds if they take part in that do not have housing as their pri- my friend and colleague from Massa- any type of nonpartisan voter activity, mary purpose or engage in nonpartisan chusetts (Mr. FRANK) was denied the such as helping register people to vote voter registration or education pro- opportunity to offer an amendment to or taking people to the polls. grams from receiving funds and grants. strike these egregious provisions. What this bill really is is an utter Just look at it. I look at my district. In this day and age when we are beset disregard for our Constitution. This is My predecessor at Allen AME is known by major crises such hurricanes not a gray area. This is a limitation on for developing public-private housing Katrina and Rita and Wilma, which free speech. I am amazed that the same

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00133 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23812 CONGRESSIONAL RECORD—HOUSE October 26, 2005 people who champion legislation by the have a profound impact on the country affordable housing and encouraging gentleman from North Carolina (Mr. with the fund. full participation in the American JONES) known as the Houses of Worship As Members know, it is very difficult Dream. Free Speech Restoration Act, which to achieve the delicate balance be- The housing trust fund will provide a would allow churches and other houses tween meeting public policy goals and much-needed stimulus to our American of worship to discuss politics and en- ensuring a free market business cli- economy, but it is not only low-income dorse candidates from the pulpit with- mate. The creation of the government- Americans who suffer from lack of af- out losing their tax-exempt status, will sponsored enterprises was one such feat fordable housing. I would ask the gen- now be the same people who are strip- that provides an invaluable public serv- tleman to please be cognizant of what ping their churches from any of this ice of creating and maintaining a sec- I am saying. I know my district and funding to help their congregations. ondary market for the mortgage mar- the area within my district. A recent This bill could be the greatest hous- kets. As a result, our homeownership study has found that 4.8 million working construction legislation ever rates and our access to capital are the ing families, many of them middle-in- passed by Congress and will help people best in the world. come, have faced critical housing needs in every district in America and ben- On the other hand, I also understand in recent years, spending more than efit almost every church and house of that because these financial institu- half of their income on rent or living in worship in our country, but the far tions are creatures of the Federal Gov- substandard housing. right wing is opposed to it. They are ernment, we also have a responsibility To help struggling middle-class fami- hypocritically opposed to it and so to ensure they achieve a public-policy lies, it is essential that we preserve stuck in ideology that they refuse to purpose. Homeownership rates among section 123 of this bill, which raises the debate this bill for the issue it is. minority families are increasing, but conforming loan limit by up to 50 per- Like scared children, they tuck the we can obviously do much better than cent for certain high-cost housing provisions into the manager’s amend- the current average of 50 percent for areas. Without raising that limit, the ment and refuse any opportunity in the African Americans, Hispanic urban and benefits of the GSE housing subsidies rule to strike it because they know rural communities, just to name a few. are not distributed evenly or fairly they cannot win. We have to ensure that these commu- across geographical lines. We are a religious country and we nities that have not been full partici- In 2003, Fannie Mae and Freddie Mac have many members of the cloth in pants in the pursuit of the American purchased 35 percent of all mortgages Congress, most of whom, I point out, Dream can be reached. originated nationwide. In several high- are Democrats, and the far right knows Fannie Mae and Freddie Mac own or cost housing areas, these institutions that their anti-religious language can- guarantee nearly half of this country’s were able to purchase fewer than 30 not pass on the merits. That is why I residential mortgage market. The leg- percent of the new mortgages. In my regretfully ask all members of faith islation we are considering today area, a large portion of real estate and all Members who respect the inde- would markedly improve GSE perform- transactions take place over the con- pendence of religion and the pulpit to ance of their housing mission. The forming loan limit. In my own district, my own area, oppose the manager’s amendment. Committee on Financial Services ap- Bergen, Passaic, and Essex counties, As the gentleman from Massachu- proved major sections on new single- the median price of housing is 125 per- setts (Mr. FRANK) has stated, if the family and multi-family housing goals; cent above the existing loan limit, one manager’s amendment is defeated, all the duty to serve lower income mar- of the highest rates in the country. of the good sections will be restored, kets, and I stress duty to serve them; such as targeting this aid to the hurri- and a new affordable housing fund with b 1345 cane-ravaged areas, in the motion to contributions from the enterprises. This is an unfair limit. It prevents recommit. Of course, there are other parts of many middle-class families in New Jer- Mr. Chairman, stand up for your con- this bill that are good, and I give credit sey from being able to own a home in stituents, stand up for the American to the gentleman from Ohio (Mr. the State. dream of homeownership, stand up for OXLEY) and the gentleman from Lou- At a time, Mr. Chairman, when wages people of faith, and stand up to the far isiana (Mr. BAKER) in strengthening are stagnant, energy prices soaring, right wing extremists who are hijack- oversight. college tuition skyrocketing, we are ing this bill for their own purposes. Today, I just wanted to speak freely well aware of just how much these Mr. OXLEY. Mr. Chairman, I yield 2 on the actual housing fund. I urge my hardworking families are being minutes to the gentleman from Ohio colleagues to support this legislation. squeezed financially. This is common (Mr. NEY), the chairman of the housing Mr. FRANK of Massachusetts. Mr. sense. This is not Democrat or Repub- subcommittee. Chairman, I yield 21⁄2 minutes to the lican. This is common sense that we Mr. NEY. Mr. Chairman, I rise today gentleman from New Jersey (Mr. PAS- help middle-class folks out to purchase in support of the bill. As chairman of CRELL) to speak regarding a very im- the homes. And I am not going to talk the Subcommittee on Housing and portant provision of the bill as it now personally to the gentleman from New Community Opportunity, I have had a exists. Jersey, but on this he is dead wrong. keen interest in the strength of the Mr. PASCRELL. Mr. Chairman, I Mr. OXLEY. Mr. Chairman, I yield 1 mortgage market. The mortgage mar- first of all commend the chairman and minute to the gentleman from Cali- ket has single-handedly kept the econ- the ranking member for putting a fornia (Mr. GARY G. MILLER). omy afloat during these difficult eco- great bipartisan bill together con- Mr. GARY G. MILLER of California. nomic times. cerning government-sponsored enter- Mr. Chairman, Chairman OXLEY and Passage of this bill sends an impor- prises. Ranking Member FRANK have worked tant signal that we understand the im- In addition to establishing a very very hard to come up with a very good portance of GSEs and the secondary- strong, independent regulator, the leg- bill. The goal is to make sure we find mortgage markets in maintaining a islation will also create a sorely needed liquidity in the secondary marketplace stable economy. affordable housing fund. so people in this country have a home. More importantly, I want to com- The housing fund will help people The more liquidity we have in the mar- ment on the issues of affordable hous- with low incomes who face the greatest ketplace, the more stability we have in ing and the effect of the affordable difficulty in finding housing that is the marketplace, the better it is for housing fund, which is a great fund to available and affordable; but as we put the Nation and the overall vibrant have, and we have worked with the mi- forward this new housing fund, I do not housing market. nority on this issue and the gentleman think the manager’s amendment is a GSEs have been at the forefront of from Ohio (Mr. OXLEY) and his staff very good one. We should never force creating affordable housing oppor- and our staff. I believe that we will nonprofits to choose between providing tunity throughout our Nation for

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00134 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23813 American families. There is an amend- market, H.R. 1461 recognizes that strong reg- All of a sudden Fannie Mae and Freddie ment that is coming up later that guts ulation provides a means to achieve our ulti- Mac considered us enemies because we something we tried to do in this bill, mate goal of expanding the supply of afford- wanted them to play by the same rules and that is to make sure that GSEs can able mortgage credit across this nation. that everyone else had to play by. And adequately provide loans in the mar- For generations, the goal of owning a home through the work of the gentleman kets throughout this country. And peo- has been the bedrock of our economy and a from Louisiana (Mr. BAKER) and oth- ple who happen to live in certain areas fundamental part of the American Dream. ers, Fannie Mae was forced to come that are considered high-cost areas, The bill we consider today is about home- under, voluntarily as they said, the such as California; New York; Massa- ownership in this country. 1934 act. And when they did that, all of chusetts, Mr. FRANK’s State, currently Homeownership benefits our communities a sudden all this information about all are not able to acquire Freddie and and national economy. Indeed, it is the key to of their problems started to come out Fannie loans because the housing mar- promoting long-term economic stability for our because information was being pro- ket has grown so much and the costs citizens and nation. That is why this bill is so vided to us. This action we are taking have grown so much that they have ex- important. today is in response to the information ceeded the limits that GSEs can lend H.R. 1461 provides for a strong regulator for that we have learned about Fannie Mae in. And it is a shame that if people live the GSEs so that investors and the markets and Freddie Mac. in Hawaii, Guam, and places like that, are assured that these companies are sound I am grateful that the new adminis- they can still get a Freddie and Fannie and that their investments in America’s hous- trations of these agencies are no longer loan, yet in California they cannot. ing markets are safe. arrogant like the previous ones. I am And what we have done through this LOAN LIMIT LANGUAGE grateful that we are starting to say bill, thanks to Chairman OXLEY, is pro- I am especially grateful that the bill includes that they should have to play by the vide for those needs and turned out a language that recognizes that housing costs same rules as everyone else. And be- very good bill. differ widely throughout the country. cause of that, the taxpayers will be I strongly urge my colleagues to sup- While GSEs are chartered to operate in protected, and the investors will be port this bill. every district across the country, their effec- protected. I rise in strong support of H.R. 1461, the tiveness in certain areas has been seriously There are parts of this law that I Federal Housing Finance Reform Act of 2005. hindered because high housing prices have would like strengthened, but this is a I commend Chairman OXLEY and Ranking caused fewer and fewer mortgages to fall good act. It deserves our support. And, Member FRANK for their tireless efforts to within the conforming loan limit. again, I thank our chairman for mov- produce a balanced bill, that ensures that the Those who live in high-cost areas of the ing forward, as he always does, in a bi- housing GSEs are adequately regulated with- country should be able to participate in federal partisan way and for listening to the out disrupting our nation’s strong and vibrant efforts to provide affordable housing opportuni- wisdom of the gentleman from Lou- housing markets. ties. isiana (Mr. BAKER). Government Sponsored Enterprises (GSEs) This is a simple issue of fairness. It is unac- I rise in strong support of this legislation and have been at the forefront of creating afford- ceptable for the federal government to tell my appreciate Chairman OXLEY and Chairman able housing opportunities for American fami- constituents that federal programs exist to in- BAKER’s efforts. Fannie Mae and Freddie Mac lies. crease homeownership in America, but they play a vital role in our housing finance market, In my district, for example, Fannie Mae has cannot qualify simply because of where they yet for far too long these companies have created employer-assisted housing programs happen to live and work. been playing by their own set of rules. During for the City of Brea Police Department to allow The language in the bill increases loan limits this time we’ve witnessed massive earning re- police officers to live in the communities they in high cost areas to the median home price statements, accounting irregularities, frequent serve. of the area, not to exceed the limit for Alaska, challenges to their regulator’s judgment and They have helped to finance affordable Hawaii, Guam, and the Virgin Islands (150 authority, and a cookie jar reserve. These housing initiatives in Anaheim, California. percent of national loan limit). This does not were all part of a culture of arrogance at the Across the district, they have been able to impact the portfolios of the GSEs as all loans GSEs, and were enabled by a weak and inef- offer innovative programs to allow those with made in high-cost areas must be securitized. fective regulator. With this legislation, we are blemished credit to afford the dream of home- By adjusting conforming loan limits in high- beginning to correct this very serious situation. ownership, to help seniors convert the equity cost areas, we can create nearly 250,000 new How serious is the issue of GSE oversight? in their homes into cash to help them meet homeowners at no cost to taxpayers. What’s at stake if one or both companies fail? their needs, and to help families and individ- I urge my colleagues to support this impor- Fannie Mae and Freddie Mac have $1.6 trillion uals with special needs become homeowners. tant provision and reject efforts to remove it in combined assets; $1.4 trillion in retained All of this, in partnership with lenders, is in- during the amendment process. mortgages in portfolio; $1.5 trillion in out- tended to meet the ever-growing needs of our Mr. OXLEY. Mr. Chairman, I yield 2 standing debt; and $1.5 trillion in notional de- communities. minutes to the gentleman from Con- rivatives. In addition, outstanding mortgage- As we have addressed deficiencies in GSE necticut (Mr. SHAYS). backed securities guaranteed by Fannie and supervision, we worked hard to ensure H.R. Mr. SHAYS. Mr. Chairman, I thank Freddie, but held by third parties, total $1.7 1461 does not lose sight of Congress’ original the gentleman for yielding me this trillion. Mr. Chairman, in the absence of a goal in chartering GSEs. time. And I particularly want to thank world-class regulator to oversee these institu- The mission of Fannie Mae and Freddie the gentleman from Louisiana (Mr. tions, we are truly playing Russian roulette. Mac is to provide stability and on-going assist- BAKER) for his efforts for years in this Creating a new regulator is not about pun- ance to the secondary market for residential area and for the gentleman from Ohio’s ishing the GSEs—it is in fact vital to the safety mortgages, and to promote access to mort- (Mr. OXLEY) work and the gentleman and soundness of our Nation’s housing mar- gage credit and homeownership in the United from Massachusetts’ (Mr. FRANK) work ket. Both investors and taxpayers have a right States. as well. to know the financial condition of the GSEs While we make these regulatory reforms, When Enron was collapsing and Sar- and they deserve a strong, independent regu- we are also unwavering in our commitment to banes-Oxley was created, the gen- lator that has the resources to oversee their help Americans achieve the dream of home- tleman from Louisiana (Mr. BAKER) operations. ownership. said to me, But you know what? Fannie There has been and will continue to be vig- H.R. 1461 seeks to improve regulation of Mae and Freddie Mac do not even come orous debate about this legislation. I want to the GSEs while continuing to ensure the ac- under these laws because they do not address a few key issues surrounding this leg- cessibility of mortgage funds at the lowest come under the 1933 Securities Act and islation, and share my thoughts on what I cost. the 1934 Securities Exchange Act. hope is ultimately included in the bill that is While there is no question that regulatory So we thought let us try to get them sent to the President. changes must be made to ensure the safety under it. And I cannot tell the Mem- Currently, Fannie Mae and Freddie Mac are and soundness of the secondary mortgage bers the grief that ensued after that. the only two publicly-traded companies in the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00135 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23814 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Fortune 500 that are exempt from regulation friends on the Republican side and throughout the country and particu- by the SEC. The only reason Fannie Mae and some of my not so good friends on the larly related to the hurricane-affected Freddie Mac were forced to reveal their ac- Republican side. So I want to be very areas. counting errors is because in July 2002, under generous and ease their discomfort. This is well balanced. It makes a lot pressure from Congress and the Administra- There are people who are not happy of sense, something that we have been tion, the two companies finally agreed to com- with everything in the manager’s working on for a long time. And I know ply with certain reporting requirements of the amendment. A lot of what is in the a lot of the debate has been about one Securities Exchange Act of 1934. Fannie Mae manager’s amendment a lot of us like, particular part of the manager’s followed through and registered in 2003, but the preference for the gulf areas, some amendment that I will be offering next, failed to file a report in the third quarter of of the restrictions on what people do but at the end of the day, when this 2004, and is now in the process of restating with the use of funds. bill comes up for final passage, most those reports it did file. Freddie Mac simply There are three small provisions in Members will support it because it never lived up to the agreement. the manager’s amendment that are makes good sense from a regulatory I believe all publicly traded firms should play controversial. The one that says no standpoint, it makes good sense from by the same set of rules, and am pleased this faith-based groups can go in there, the an affordable housing standpoint. legislation codifies the 2002 agreement. This principal purpose; and the one that HOUSE OF REPRESENTATIVES, legislation should go even further by requiring says nonpartisan voter registration COMMITTEE ON FINANCIAL SERVICES, Fannie Mae and Freddie Mac to comply fully and nonpartisan get out the vote are Washington, DC, September 14, 2005. Hon. F. JAMES SENSENBRENNER, Jr., with the Securities Act of 1933 and the Securi- not possible. Chairman, Committee on the Judiciary, Ray- ties Exchange Act of 1934. So I want to tell people this: If the burn House Office Building, Washington, Regarding the powers of the new regulator, manager’s amendment is defeated, I DC. due to the enormity of the GSEs’ holdings, it will offer as the recommittal motion DEAR MR. CHAIRMAN: On July 14, 2005, the seems to me we should go even further in the exact manager’s amendment minus Committee on Financial Services filed its re- empowering this new office. Economic ex- those three specifics. So if they like port on H.R. 1461, ‘‘Federal Housing Finance the manager’s amendment but do not Reform Act of 2005.’’ The bill was then se- perts, most notably Federal Reserve Board quentially referred to the Committee on the Chairman Alan Greenspan, have warned this want to keep the Catholic Church out Judiciary until September 16, 2005. I am Congress that the tremendous concentration of affordable housing, do not want to writing to confirm our mutual under- of mortgage assets at Fannie Mae and have the problem that the gentle- standing with respect to the further consid- Freddie Mac coupled with the dangers associ- woman from Ohio (Ms. PRYCE) men- eration of H.R. 1461. ated with interest rate risk may pose a sys- tioned where they cannot take old peo- I am pleased that our staffs have been ple to the polls, and do not want to re- working together during this period and temic risk, not only to the U.S. capital markets, have reached an agreement on an amend- but indeed the global financial system. Later strict nonpartisan voter registration, if ment regarding independent litigation au- today, I intend to support an amendment to the manager’s amendment is defeated, thority (copy attached). I agree that I will empower the regulator to reduce Fannie and everything except those three things request the Rules Committee make this Freddie’s mortgage assets if it determines that were in the manager’s amendment amendment in order as part of a manager’s these assets pose a systemic risk. I oppose will be in the recommit. amendment during consideration of the bill, placing statutory or hard caps on the GSEs’ And as proof of that, I have given a and to consult with your Committee in pro- copy of what the recommit would then viding an explanation of its contents. It is portfolios, but consistent with the Treasury De- my understanding that with this commit- partment’s recommendation, it is prudent we be over to the Republican side. They ment, no further action by the Judiciary provide the new regulator with the authority to can look it up, as Casey Stengel used Committee on this bill will be required and consider systemic risk. to say. They will be able to see that the time period for the sequential referral Finally, regarding the affordable housing they can then carefully and in good will thereby lapse. It is also understood that fund, despite my concern that creating this conscience vote against the manager’s this procedure is without prejudice to the ju- fund will only deepen the perception the GSEs amendment and then vote for the re- risdictional interests of the Judiciary Com- mittee on this or similar legislation. I will are backed by the Federal government, those commit because it will be their amend- also support the request of the Judiciary concerns are outweighed by the pressing ment; so they will get permission to Committee for an appropriate appointment need for more affordable housing in Con- vote for the recommit, and they will of conferees should H.R. 1461 or a similar necticut and around the country. Year after get everything in the manager’s Senate bill be considered in conference. I year, we vigorously debate the amount of Fed- amendment except the one thing that will also include this exchange of letters in eral funds to allocate for public housing, Sec- keeps out faith-based, restricting it to the Congressional Record during consideration of the bill. tion 8 and other housing programs, and it is people whose primary purpose is here, Thank you for your cooperation and your my strong conviction that we must creatively and the nonpartisan restriction on attention to this important matter. address the affordable housing crisis. It seems voter registration. All the other re- Yours truly, to me this fund is a worthy solution. strictions and everything else will be MICHAEL G. OXLEY, Non-profit organizations and social service in it. So do not worry. I am making Chairman. providers in Connecticut do an amazing job their life easier. and are continually finding ways to do more Mr. OXLEY. Mr. Chairman, I yield HOUSE OF REPRESENTATIVES, COMMITTEE ON THE JUDICIARY, with less. But the needs are tremendous, and myself such time as I may consume. This has been an excellent debate, Washington, DC, September 14, 2005. families continue to struggle to find housing Hon. MICHAEL G. OXLEY, where they can safely raise their children and and we appreciate the efforts on both Chairman, House Committee on Financial Serv- still afford to feed them too. It’s time we em- sides of the aisle for this legislation. ices, Rayburn House Office Building, Wash- powered housing organizations with additional Mr. Chairman, this is historic legisla- ington DC. resources to build more affordable units, in- tion, the first time that any Congress DEAR CHAIRMAN OXLEY: This letter re- cluding in the Gulf Coast region devastated by has reached a stage where we are de- sponds to your recent letter concerning H.R. bating a major reform effort for the 1461, the ‘‘Federal Housing Finance Reform Hurricanes Katrina and Rita. Act of 2005,’’ which was ordered reported to Mr. Chairman, while there is more work to GSEs. It is a long time coming. The the House by the Committee on Financial be done before Congress sends this legisla- gentleman from Louisiana (Mr. BAKER) Services on July 14, 2005 and sequentially re- tion to the President, I support what we have has toiled in the vineyards for all of ferred to the Committee on the Judiciary. before us today and encourage my colleagues these years, and we have finally As you know the Committee on the Judici- to do so as well. reached a situation where we can fi- ary has jurisdiction over matters concerning Mr. FRANK of Massachusetts. Mr. nally pass legislation that will improve independent litigation, bankruptcy laws, civil judicial matters, and other subject mat- Chairman, I yield myself the balance of the regulatory structure of the GSEs, ter contained in the bill. I am pleased to ac- my time. ultimately make them stronger and knowledge the agreement between our Com- Mr. Chairman, I have noticed a cer- more accountable, provide affordable mittees to address changes that you will in- tain level of discomfort on some of my housing funds through the GSEs clude in a manager’s amendment to the bill

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00136 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23815

concerning independent litigating authority. your decision to forego further action on this DEPARTMENT OF SOCIAL In order to expedite this legislation for floor bill will not prejudice the Committee on DEVELOPMENT consideration, the Judiciary Committee Ways and Means with respect to its jurisdic- AND WORLD PEACE, agrees to forgo action on this bill based on tional prerogatives on this or similar legisla- Washington, DC, October 3, 2005. the agreement reached by our Committees tion. I would support your request for con- Hon. J. DENNIS HASTERT, and with the understanding that no other ferees on those provisions within your juris- Speaker, House of Representatives, provisions affecting the jurisdiction of the diction should this bill be the subject of a Washington, DC. Judiciary Committee are included in the House-Senate conference. DEAR MR. SPEAKER: I write as Chairman of amendment to H.R. 1461. The Judiciary Com- the Domestic Policy Committee of the mittee takes this action with the under- I will include this exchange of correspond- United States Conference of Catholic standing that it in no way prejudices the ence in the Congressional Record when this Bishops (USCCB) to urge you to retain the Committee with respect to the appointment bill is considered by the House. Thank you Affordable Housing Fund as part of the Fed- of conferees or its jurisdictional prerogatives again for your assistance. eral Housing Finance Reform Act of 2005 on this or similar legislation. I also request Yours truly, (H.R. 1461) and bring the bill to a vote forth- that you include this exchange of letters in MICHAEL G. OXLEY, with. The Catholic Bishops have historically the Congressional Record during floor con- Chairman. urged the federal government to help meet sideration of this bill. Mr. WEINER. Mr. Chairman, despite the di- our nation’s promise of a decent home for Thank you for your attention to this mat- every American family, especially those ter and for the cooperation of your staff. visiveness of the term ‘‘faith-based,’’ most families with extremely low incomes. Sincerely, Americans are united in their support of reli- As I noted in my June 10 letter to the F. JAMES SENSENBRENNER, Jr., gious organizations. Across the country, these House of Representatives, the Catholic Com- Chairman. organizations do great work, feeding the hun- munity—through our Charities agencies, dio- gry, caring for the sick, and in many cases ceses, and parishes—serves tens of thousands HOUSE OF REPRESENTATIVES, providing affordable housing to those most in of men, women, and children who struggle to COMMITTEE ON WAYS AND MEANS, need. maintain adequate housing. Besides shel- Washington, DC, October 25, 2005. tering homeless people who turn to us for Hon. MICHAEL G. OXLEY, That’s why it’s surprising that the Repub- help, we have built, and continue to main- Chairman, Committee on Financial Services, licans are using an otherwise worthy effort to tain, thousands of affordable housing units. Rayburn House Office Building, Wash- reform Government Sponsored Enterprises All of these experiences have demonstrated ington, DC. like Fannie Mae and Freddie Mac to throw a to us how inadequate, substandard housing DEAR CHAIRMAN OXLEY: I am writing with hurts human life, undermines families, de- respect to H.R. 1461, the ‘‘Federal Housing wrench in the relationship between govern- stroys communities, and weakens the social Finance Reform Act of 2005,’’ which was re- ment and the religious community. The Afford- fabric of our nation. Despite our efforts—and ported to the House by the Committee on Fi- able Housing Fund created by the bill will the efforts of so many others—there just is nancial Services on Thursday, July 14, 2005. commit 5 percent of Fannie and Freddie prof- not enough affordable housing available. As you know, the Committee on Ways and its toward a grant program to build, maintain, Proposals that would limit eligible recipi- Means has jurisdiction over matters con- and rehabilitate housing for low-income fami- ents to organizations that have as their pri- cerning taxes and the Internal Revenue Code mary purpose the provision of affordable of 1986. A provision in Section 144 of H.R. 1461 lies. Yet language passed in the Managers housing would effectively prevent Catholic would provide an exemption for a limited-life Amendment stops that money from flowing to dioceses, parishes and Catholic Charities enterprise from Federal taxes, and thus falls faith-based organizations. That amounts to agencies from participating in Affordable within the jurisdiction of the Committee on $500 million a year that Republicans don’t be- Housing Fund programs. Similarly, pro- Ways and Means. However, in order to expe- lieve should go to organizations like Catholic posals that would prohibit recipients from dite this legislation for floor consideration, Charities. engaging in voter registration and lobbying the Committee will forgo action on this bill. activities with their own funds during the This is being done with the understanding Today in Brooklyn and Queens alone period they are utilizing affordable housing that it does not in any way prejudice the Catholic Charities operates 3,000 units of af- funds would force Catholic agencies to Committee with respect to the appointment fordable housing including 2,090 units for sen- choose between participating in Affordable of conferees or its jurisdictional prerogatives ior citizens, 480 units of family housing and Housing Fund programs or engaging in con- on this or similar legislation. 377 units of supportive housing for formerly stitutionally protected voter registration I would appreciate your response to this and lobbying activities with their own funds. letter, confirming this understanding with homeless individuals. But the Church, the larg- I urge you to oppose inclusion of these kinds respect to H.R. 1461, and would ask that a est non-profit provider of low income housing of unnecessary limitations and prohibitions copy of our exchange of letters on this mat- in Brooklyn and Queens, will be shut out of in H.R. 1461 as it moves to the House floor ter be included in the Congressional Record the new program. for a vote. There are ample ways to write during floor consideration. safeguards into the legislation to prevent the Best regards, Faith should never be used to divide an diversion of affordable housing funds to uses BILL THOMAS, electorate or play a political game. I believe other than what they are intended without Chairman. that is exactly what Republicans have done in requiring recipients to forego their constitu- order to take the teeth out of a program de- tionally protected rights as a condition for HOUSE OF REPRESENTATIVES, signed to help those most in need. participating in Affordable Housing Fund COMMITTEE ON FINANCIAL SERVICES, programs. Washington, DC, October 26, 2005. We should all embrace the principle of The Bishops’ statement, Putting Children Hon. WILLIAM M. THOMAS, Tikkun Olam which says that those who have and Families First, notes: ‘‘Many families Chairman, Committee on Ways and Means, a little more, should do a little more. That is cannot find or afford decent housing, or must House of Representatives, Longworth House exactly what the Affordable Housing Fund spend so much of their income for shelter Office Building, Washington, DC. would have allowed faith-based organizations that they forego other necessities, such as DEAR CHAIRMAN THOMAS: Thank you for to do in partnership with the Federal Govern- food and medicine.... [The Catholic bishops] your letter concerning H.R. 1461, the ‘‘Fed- support housing policies which seek to pre- eral Housing Finance Reform Act of 2005’’. ment until Republicans inserted their limiting serve and increase the supply of affordable This bill was reported by the Committee on provisions. housing and help families pay for it.’’ We Financial Services on July 14, 2005. It is my In the words of the Most Rev. Nicholas must put in place a sustainable source of expectation that this bill will be scheduled DiMarzio, Bishop of Brooklyn, in a letter to the funds to build affordable housing and this for floor consideration in the near future. new fund would do that. I acknowledge your committee’s interest Speaker dated October 3, ‘‘There are ample As I said in my June letter, this legislation in a provision contained in section 144 of the ways to write safeguards into the legislation to presents Congress with a genuine oppor- bill which would provide an exemption for a prevent the diversion of affordable housing tunity to make the shelter needs of ex- limited-life enterprise from Federal taxes. funds to uses other than what they are in- tremely low-income families a national pri- Such matters concerning Federal taxation tended without requiring recipients to forego ority. I believe that such families who need fall under the exclusive jurisdiction of the their constitutionally protected rights as a con- housing the most should be targeted to re- Committee on Ways and Means. However, I dition for participating in Affordable Housing ceive these limited funds. appreciate your willingness to forego action Fund programs.’’ With every best wish, I am, on H.R. 1461 in order to allow the bill to Sincerely, come to the floor expeditiously. I agree that I include the Bishop’s letter for the RECORD. MOST REV. NICHOLAS

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00137 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23816 CONGRESSIONAL RECORD—HOUSE October 26, 2005 DIMARZIO, PHD, DD and nonpartisan voter registration with non- tions of the American taxpayer. It is time the Bishop of Brooklyn, federal dollars. This bill is a slap in the face taxpayers in high cost areas like New York Chairman, Domestic to those groups who need this money most. City realize the benefits of their contributions Policy Committee, through access to lower interest mortgages. United States Con- What’s more, this restriction only applies to ference of Catholic non-profit organizations, not any for-profit enti- The current disparity is undeniable. Bishops. ties seeking grants from the Fund. I urge my colleagues to support the Con- forming Loan Limits language and vote no on Ms. KILPATRICK of Michigan. Mr. Chair- This bill also essentially bars non-profits attempts to remove it from the Federal Hous- man, it is with some reluctance I rise now in whose mission extends beyond the provision ing Finance Reform Act. opposition to H.R. 1461, the Federal Housing of affordable housing. Many organizations develop and manage effective affordable housing Mr. RAHALL. Mr. Chairman, today, the Finance Reform Act. In its amended form, the House of Representatives voted on H.R. 1461, legislation no longer puts the best interest of programs alongside programs that provide food, closing, counseling, and other health and the GSE Federal Housing Finance Reform Act our Nation at heart, but instead holds a pre- of 2005. This bill will not only substantially cious resource hostage for the sake of par- social services. Those who claim to work on behalf of the faith-based community should overhaul the safety and soundness of the tisan politics. housing government-sponsored enterprises, The provision restricting non-profit organiza- take a close look at this bill, and should watch but it will also establish an Affordable Housing tions, and their affiliates, from using their own this vote closely. By voting aye you are bar- Fund. funds to engage in non-partisan voter registra- ring church groups from affordable housing funds if their primary mission goes beyond af- I voted in favor of this legislation, but with tion or get-out-the-vote activities if they want some reservation. to apply for the much-needed affordable hous- fordable housing. This is a typical piece of Republican legisla- The Affordable Housing Fund provides ing funds is entirely inappropriate. Election ac- funds to grantees to build housing that is af- tion. Once again, my friends from across the tivities promoting good citizenship conducted fordable to low income families. This is an im- aisle have poisoned legislation that would oth- by unbiased, non-profit organizations should portant goal, and while I support the bill and erwise have received bipartisan support by be encouraged, not restricted. To add insult to the establishment of the Affordable Housing picking on those who can least afford to de- injury, the new provision imposes a new bur- Fund, I do not support the inclusion of lan- fend themselves. I encourage my colleagues den of requiring these groups to list housing guage that blocks non-profit organizations to join me in opposing this bill, and supporting assistance as their ‘‘primary purpose’’ if they from non-partisan activities that encourage citi- the motion to recommit. We can and should want to apply for funds. The effect of this con- zens to participate in our democratic process. do better. straint will be to reduce the diversity of assist- This is why I voted against the manager’s Mr. FOSSELLA. Mr. Chairman as we con- ance that will be available. amendment to H.R. 1461 earlier today. With such a growing need for affordable sider H.R. 1461, the Federal Housing Finance The amendment included language that will housing, and for competent groups capable of Reform Act, I would like to urge my colleagues prohibit grantees from using even their own connecting people with the already scarce re- to support the inclusion of a provision to pro- funds to encourage citizens to exercise their sources, I cannot imagine why my colleagues vide an increase in Conforming Loan Limits for right to vote and would retroactively penalize would want to handicap these organizations high cost Metropolitan Service Areas, MSAs. organizations that have done so in the past. from providing assistance to our Nation’s most Since 1980, the price of homeownership in This language would restrict non-profits who vulnerable populations. New York has increased by 492 percent, and engage in first amendment political activity, It is for these reasons I cannot support this continues to escalate in the current housing with their own funds, from receiving Affordable otherwise sound and reasonable measure to market. With drastically higher prices than Housing Fund grants. In short, it will have a improve the regulation of our Nation’s largest other parts of the country, homeownership in chilling effect on the free speech rights of non- source of mortgages. I urge my colleagues to the area has limited access for lower and mid- profit organizations. vote ‘‘no’’ on H.R. 1461. dle income New Yorkers. By keeping funding out of the hands of non- Mr. NADLER. Mr. Chairman, I rise in oppo- The GSE’s chartered mission is to expand profit and faith-based organizations that are sition to this legislation. homeownership for low to middle income associated with any kind of voter registration I support increasing oversight of Fannie Americans, and this should apply to Ameri- activities and exempting for-profit companies Mae and Freddie Mac. It is a worthwhile goal, cans regardless of the geographic region in from the same restrictions, I ask, what legiti- one that the recent scandals at these institu- which they reside. In working towards achiev- mate governmental interest is there in pre- tions and on Wall Street illustrate is sorely ing this mission, Fannie Mae and Freddie Mac venting nonpartisan voter participation activi- needed. And I support the creation of a budg- are restricted in their ability to participate in ties? Political participation is a foundation of et-neutral Affordable Housing Fund. Indeed, these high cost areas because significantly our Constitution. that this kind of program should be created, fewer mortgages fall within the conforming I hope that when H.R. 1461 reaches Con- given the proclivity of this Republican House loan limit. ference, a bi-partisan effort will come together of gutting programs for the poor, is nothing The current loan limit is set at $359,650. to strike this language from an otherwise wor- short of miraculous. The median price of a home in the New York thy piece of legislation. I will continue to pro- However, I cannot support a program whose area, however, is $435,200—considerably tect our citizens’ ability to register to vote and benefits come at the expense of the rights of higher even for entry level home prices. While have a voice in the political process. nonprofit organizations. The provision in ques- the current loan limit has been raised to the Mrs. MALONEY. Mr. Chairman, when this tion would disqualify any nonprofit group that lesser of 150 percent of the statutory limit or bill left the Financial Services Committee on a engages in voter participation activities, such the median home price in Alaska, Hawaii, 65 to 5 vote, I felt we were on the way to a as voter registration and get-out-the-vote ef- Guam and the Virgin Islands, high cost metro- great accomplishment. I was truly impressed forts, from applying for a grant under the Af- politan areas like New York City have been with the hard work that Chairman OXLEY, fordable Housing Fund. This would apply even left out. Ranking Member FRANK, Congressman if the activities are non-partisan and even if Language included in HR 1461 would in- BAKER, and others had done to bring the they are paid for with non-federal monies. This crease loan limits in high cost areas to the GSEs into this century. provision would have a chilling effect on the maximum of the area’s median home pur- It is no less than tragic that the majority Constitutional speech and association rights of chase price, capped at 150 percent of the cur- leadership and the administration have deep all nonprofits. rent limit. Raising these limits will help lower to sixed this bipartisan legislation. How can the Republicans, in good faith, middle income residents in high cost areas The bill creates the sort of regulator that the claim to work with us on the reauthorization of like Staten Island gain access to the lower in- GSEs have long lacked and that they demon- the Voting Rights Act, and turn around and tie terest mortgage rates Fannie and Freddie are strably need, without destroying their housing the hands of those groups who are trying to able to provide—mortgage rates that, commission. incorporate the disenfranchised into the demo- pared to jumbo loans, can save my constitu- I was particularly excited by the Affordable cratic process? What’s worse, this provision is ents as much as $135 a month. Housing Fund provided by this bill. The Fund entirely superfluous. Nonprofits are already Fannie and Freddie are able to provide is a critical and long-overdue step toward ad- prohibited from using federal funds to lobby. lower interest rates to homebuyers and ex- dressing the very real housing crisis that con- However, they are free to engage in lobbying pand homeownership through the contribu- fronts low-income families.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00138 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23817 It would be the first concrete step the Con- fordable housing resource created without major improvement in its implementation. My gress has taken in support of housing in this using Federal dollars since Congress estab- other amendment provides protection from li- administration. lished the Federal Home Loan Banks Afford- ability for a GSE that makes reports to its reg- We know that without Federal assistance, able Housing Program in 1989. ulator concerning transactions involving fraud- housing for low-income families does not get Mr. Chairman, for too long many of Amer- ulent loans or financial instruments. This provi- built or made available. Yet each year this ad- ica’s low-income families have struggled to sion was modeled after the protection from po- ministration has cut its support for housing. In find affordable, safe, decent housing. Budget tential liability for such reports that banking in- this bill, we found a bipartisan way to support cuts and rising development costs mean that stitutions currently have under the Bank Se- housing using a new funding source. fewer units are built under existing programs crecy Act. The GSEs were chartered by the Federal each year. We are losing more affordable H.R. 1461 also contains a much-needed ex- government for the purpose of providing hous- housing than we are building. Therefore it is pansion of Fannie and Freddie’s affordable ing to more Americans, and they enjoy a ben- vital that a new dedicated funding stream for housing goals. The legislation directs each efit as a result of their Federal charter. Thus, affordable housing be created. company to establish and manage an afford- it is uniquely appropriate that they plow a per- Unfortunately, my Republican conservative able housing fund to promote affordable hous- centage of their profits—up to 5 percent—back colleagues hijacked this bill in an effort to strip ing and assist victims of Hurricane Katrina. into the low-income end of the housing mar- away the bipartisan housing fund. When they The GSEs would devote 3.5 percent of after ket. were not able to completely get rid of it, they tax profits to the fund beginning in 2006, This would be $500 million or more annu- limited its use by blocking nonprofit organiza- which increases to 5 percent annually begin- ally. That is serious money. tions and faith-based groups, who engage in ning in 2007. We built on success: the Fund is modelled vote registration with their own funds, from In 1989, in the FIRREA legislation, we cre- after the successful Affordable Housing Pro- even applying for grants to build affordable ated a similar Affordable Housing Program in gram of the Federal Home Loan Bank Pro- housing. There are no similar restrictions on the Federal Home Loan Bank System. The gram. ‘‘for-profit’’ organizations. AHP requires the FHLBs to devote 10 percent We wanted all players involved. Funds This is not fair. As Catholic Charities has of each year’s net profits as grants for afford- would be awarded through a competitive proc- pointed out, ‘‘Encouraging citizens to exercise able housing projects sponsored by their ess to for profit builders, State housing organi- their right to vote is an integral part of the member financial institutions. The AHP’s suc- zations, and non-profits. Catholic Church’s religious and moral mission cess can be measured by the fact that today We put in place safeguards to prevent and reinforces individual responsibility for the it constitutes the largest private source of abuse. The funds must be used for low-in- common good . . . Catholic Charities agen- funding for affordable housing and community come housing. They may not be used to lobby cies should not be forced to choose between development projects. or to conduct partisan political activities. Re- affordable housing funds and fulfillment of In my hometown of Chicago, the Federal Home Loan Bank of Chicago’s AHP plays a cipients who misuse funds will not be allowed their religious mission.’’ key role in local efforts to address the housing to participate again. It is unacceptable to force a poisoned needs of low- and moderate-income families This bill is the best thing that has come choice on these entities: to help fill critical by providing financial assistance for rental and along for housing in a very long time. housing needs or to exercise their basic civic owner-occupied housing, assisted living facili- Therefore it is particularly tragic that the ma- responsibilities. Most importantly, it is an unac- ties, senior housing developments, homeless jority has injected a poison pill into the bipar- ceptable barrier to Americans’ right to vote. Our democracy depends on protecting the shelters and group homes. tisan bill that left our Committee: the provision In 2004 alone, the Chicago FHLB awarded right of every American citizen to vote—and to that prevents any nonprofit recipient of a hous- $32.1 million of subsidies to 109 projects in Il- register to vote—in every election. As the Su- ing grant from conducting nonpartisan voter linois and Wisconsin, and another 15 projects preme Court noted: ‘‘No right is more precious registration or get-out-the-vote activities. in other States. As a result, 5,680 housing This is an outrageously bad provision that in a free country than that of having a voice units were created or rehabilitated, of which imposes unconstitutional restrictions on pro- in the election of those who make the law, 58 percent were for very low-income house- moting the most fundamental of our civil lib- under which, as good citizens, we must live.’’ holds. Another $10.4 million was funded in We dare not, we must not create barriers on erties: the right to vote. downpayment assistance to help 2,278 fami- It is profoundly disturbing that the majority the right to vote and undermine 40 years of lies buy their first home in Illinois or Wis- and the administration are willing to use any progress. It is a chilling precedent and a path consin. tool available to kill this bill and prevent the we should refuse to walk. No church, no reli- While these figures are impressive, numbers Housing Fund from becoming a reality. gious order, no faith-based group or non-profit do not quite tell the whole story. Let me de- I urge my colleagues on both sides of the organization should face the prospect of being scribe one AHP project in the Humboldt Park/ aisle to repudiate these provisions that strike deemed ineligible for money to help low-in- West Town area of Chicago to provide a bet- at faith based organizations and the funda- come, elderly, or disabled individuals find after sense of the impact these programs can mental right to vote. fordable homes simply because they offer a have in their local communities. I cannot in good conscience vote for this bill full range of services, including counseling, Joly Hernandez and Jose Rodriguez, with with this provision in it. Even the promise of clothing, mentoring, and—yes—helping people their children Imani and Albert, lived in Chi- housing money comes at too high a price fulfill their right to participate in their govern- cago’s Humboldt Park/West Town community. when we must compromise the principles on ment. Like many, they wanted a larger apartment, which this Nation is built. Mr. Chairman, today we honor the life of but could not afford the higher rent due the Ms. PELOSI. Mr. Chairman, I thank the gen- Rosa Parks. We must use the opportunity in dramatic rise in the cost of housing in the tlemen from the Financial Services Committee, this bill to recommit ourselves to the ideals of area. In the 1990s, with increased recognition Mr. FRANK and Mr. OXLEY for working in a bi- equality and opportunity that are both our of Humboldt Park as an attractive, artist-friend- partisan way to build broad support for the hope and our future. We must defeat this cyn- ly neighborhood and historic district, property GSE reform bill they bring to the Floor today. ical, political strategy to divide us once again. values soared, and affordable rental housing This bill was reported from the Committee by I urge my colleagues to support our effort to was lost to speculators and developers of ex- a vote of 65–5. strip these mean-spirited restrictions from the pensive luxury condos and single-family But today that spirit of working together for bill. homes. common sense reforms and for the good of Mr. GUTIERREZ. Mr. Chairman, I am very In 1994, Bickerdike Redevelopment Cor- the people seems to have vanished. proud of the committee print of H.R. 1461, leg- poration, BRC, a nonprofit, community-based The first order of business will be to con- islation designed to improve the regulatory affordable housing developer and property sider a manager’s amendment that will evis- structure of the Government Sponsored Enter- manager began the arduous task of planning cerate a provision of the bill that is central to prises, GSEs. I am pleased that two amend- the Harold Washington Unity Cooperative to the broad support it enjoys—the Affordable ments I offered at markup are part of the bill. address the loss of affordable housing in the Housing program funded through a small per- One of my amendments preserves the minor- Humboldt Park/West Town area. Despite the centage of the profits of Fannie Mae and ity component of the single family housing increase of new construction and housing ren- Freddie Mac. If enacted, it will be the first af- goals relating to underserved areas, with a ovation in the area, a few pockets remained

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00139 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23818 CONGRESSIONAL RECORD—HOUSE October 26, 2005 undeveloped. BRC knew that if the vacant lem with the way these provisions are being GSEs are following accepted management land and neglected buildings were not imme- inserted in the bill. They are a part of the man- and accounting practices before investors diately claimed for affordable housing, more ager’s amendment, which also contains impor- would consider Fannie and Freddie to be good long-time residents would be displaced. tant provisions that were worked out on a bi- investments. A project was planned to develop 87 hous- partisan basis, and provisions designed to Federal Reserve Chairman Alan Greenspan ing units in 18 buildings over 10 sites in a for- help hurricane victims. The Rules Committee has expressed concern that the government merly blighted four-block area bordered by has unconscionably denied us an opportunity subsidies provided to the GSEs makes inves- Kedzie Avenue, Albany Avenue, Chicago Ave- to vote to strike these offensive provisions on tors underestimate the risk of investing in nue and Ohio Street. All 87 units in the Coop- a stand alone basis. They did this because Fannie Mae and Freddie Mac. Although he erative will remain affordable to households they knew we would win such a vote and they has endorsed many of the regulatory ‘‘solu- earning 50 percent or less of the area median needed to bow to a tiny minority of conserv- tions’’ being considered here today, Chairman income for at least 15 years. atives who apparently have little regard for the Greenspan has implicitly admitted the sub- The total cost of the project was almost $14 Constitution. sidies are the true source of the problems with million. The Chicago FHLB, working through Regretfully, I must oppose H.R. 1461 due to Fannie and Freddie. Bank One, which sponsored the project’s ap- the inclusion of these provisions and the fact Mr. Chairman, H.R. 1461 compounds these plication, provided an AHP grant of $500,000. that we were not even allowed an opportunity problems by further insulating the GSEs from In addition, the project received financing from to vote to strike it. I sincerely hope that these market discipline. By creating a ‘‘world-class’’ CDBG funds through the City of Chicago, provisions are stripped in conference and, if regulator, Congress would send a signal to in- Trust Funds from the Illinois Housing and De- that is the case, I look forward to enthusiasti- vestors that investors need not concern them- velopment Agency, Federal Low Income cally supporting the conference report so that selves with investigating the financial health Housing Tax Credits, Illinois State Tax Credits, this otherwise excellent legislation can be- and stability of Fannie and Freddie since a an Empowerment Zone grant, a Tax Incre- come law. ‘‘world-class’’ regulator is performing that func- ment Financing, TIF, loan and first mortgage Mr. PAUL. Mr. Chairman, H.R. 1461 fails to tion. financing. address the core problems with the Govern- However, one of the forgotten lessons of the Ten years after its original conception, the ment Sponsored Enterprises, GSEs. Further- financial scandals of a few years ago is that Harold Washington Unity Cooperative stands more, since this legislation creates new gov- the market is superior at discovering and pun- as an enviable display of community pride, de- ernment programs that will further artificially ishing fraud and other misbehavior than are termination and opportunity. increase the demand for housing, H.R. 1461 government regulators. After all, the market Because of the hard work and dedication of increases the economic damage that will discovered, and began to punish, the account- BRC, Joly, Jose and their two children now occur when the housing bubble bursts. The ing irregularities of Enron before the govern- live in a new home in their old neighborhood. main problem with the GSEs is the special ment regulators did. They also belong to the Bickerdike Residents privileges the Federal Government gives the Concerns have been raised about the new Council and feel a strong sense of community GSEs. According to the Congressional Budget regulator’s independence from the Treasury and camaraderie with their neighbors. Department. This is more than a bureaucratic Extending this program to Fannie and Office, the housing-related GSEs received al- Freddie is long overdue, has overwhelming bi- most 20 billion dollars worth of indirect federal ‘‘turf battle’’ as there are legitimate worries partisan support, and I look forward to similar subsidies in fiscal year 2004 alone. that isolating the regulator from Treasury over- success stories once this legislation is imple- One of the major privileges the Federal sight may lead to regulatory capture. Regu- mented. Government grants to the GSEs is a line of latory capture occurs when regulators serve Those of us on the Committee have worked credit from the United States Treasury. Ac- the interests of the businesses they are sup- very hard to ensure that the fund can only be cording to some estimates, the line of credit posed to be regulating instead of the public in- used for affordable housing purposes. It can- may be worth over two billion dollars. GSEs terest. While H.R. 1461 does have some pro- not be used for political advocacy or lobbying also benefit from an explicit grant of legal au- visions that claim to minimize the risk of regu- either by the receiving entity or a third party thority given to the Federal Reserve to pur- latory capture, regulatory capture is always a affiliated with them. It cannot be used for chase the debt of the GSEs. GSEs are the threat where regulators have significant control counseling services or tax preparation or trav- only institutions besides the United States over the operations of an industry. After all, el expenses, administrative costs or anything Treasury granted explicit statutory authority to the industry obviously has a greater incentive that is outside of the GSE charter. It can only monetize their debt through the Federal Re- than any other stakeholder to influence the be- be used for affordable housing purposes. But serve. This provision gives the GSEs a source havior of the regulator. apparently that was not enough for a small mi- of liquidity unavailable to their competitors. The flip side of regulatory capture is that nority of radical conservative members, who This implicit promise by the government to mangers and owners of highly subsidized and insisted on inserting a provision restricting bail out the GSEs in times of economic dif- regulated industries are more concerned with non-partisan civic activities by non-profits. This ficulty helps the GSEs attract investors who pleasing the regulators than with pleasing con- language would prohibit non-profit organiza- are willing to settle for lower yields than they sumers or investors, since the industries know tions (as well as any affiliate of the non-profit) would demand in the absence of the subsidy. that investors will believe all is well if the regu- from using their own funds to engage in non- Thus, the line of credit distorts the allocation lator is happy. Thus, the regulator and the reg- partisan voter registration or get-out-the-vote of capital. More importantly, the line of credit ulated industry may form a symbiosis where activities. Profit earning entities are not simi- is a promise on behalf of the government to each looks out for the other’s interests while larly restricted. engage in a massive unconstitutional and im- ignoring the concerns of investors. Low-income housing groups and faith-based moral income transfer from working Americans Furthermore, my colleagues should consider groups would be forced to choose between to holders of GSE debt. This is why I am offer- the constitutionality of an ‘‘independent regu- obtaining funding for low-income housing and ing an amendment to cut off this line of credit. lator.’’ The Founders provided for three using other funds to engage in non-partisan I hope my colleagues join me in protecting branches of government—an executive, a judi- voter registration and get-out-the-vote activi- taxpayers from having to bail out Fannie Mae ciary, and a legislature. Each branch was cre- ties. This provision is likely unconstitutional. and Freddie Mac when the housing bubble ated as sovereign in its sphere, and there The manager’s amendment also contains bursts. were to be clear lines of accountability for language that would require that a faith-based The connection between the GSEs and the each branch. However, independent regulators or social welfare non-profit entity applying for government helps isolate the GSEs’ manage- do not fit comfortably within the three a grant must have as its sole ‘‘primary pur- ments from market discipline. This isolation branches; nor are they totally accountable to pose’’ the provision of affordable housing. This from market discipline is the root cause of the any branch. Regulators at these independent restriction is particularly problematic for social mismanagement occurring at Fannie and agencies often make judicial-like decisions, welfare and faith-based groups, which have a Freddie. After all, if investors did not believe but they are not part of the judiciary. They broader mission than exclusively affordable that the Federal Government would bail out often make rules, similar to the ones regarding housing. Fannie and Freddie if the GSEs faced finan- capital requirements, that have the force of These provisions are not only offensive sub- cial crises, then investors would have forced law, but independent regulators are not legis- stantively, but I have a real procedural prob- the GSEs to provide assurances that the lative. And, of course, independent regulators

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00140 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23819 enforce the laws in the same way, as do other duces distortion into the housing market by Mr. GREEN of Wisconsin. Mr. Chairman, I parts of the executive branch; yet independent expanding the authority of Federal regulators supported Chairman OXLEY’S Manager’s regulators lack the day-to-day accountability to to approve the introduction of new products by Amendment to H.R. 1461, the Federal Hous- the executive that provides a check on other the GSEs. Such regulation inevitability delays ing Finance Reform Act of 2005, because it regulators. the introduction of new innovations to the mar- maintains progress on several key issues Thus, these independent regulators have a ket, or even prevents some potentially valu- Congress has been working on this session. I concentration of powers of all three branches able products from making it to the market. Of was pleased to see that the manager’s and lack direct accountability to any of the course, these new regulations are justified in amendment gave the victims of Hurricane democratically chosen branches of govern- part by the GSEs’ government subsidies. We Katrina priority in receiving grants from the Af- ment. This flies in the face of the Founders’ once again see how one bad intervention in fordable Housing Fund for the first two years opposition to concentrations of power and the market (the GSEs’ government subsidies) after its inception. I continue to urge my col- government bureaucracies that lack account- leads to another (the new regulations). leagues to look for ways to ease the burden ability. These concerns are especially relevant In conclusion, H.R. 1461 compounds the of recovery that currently rests on the tax- considering the remarkable degree of power problems with the GSEs and may increases payers. I also support the sunset provision of and autonomy this bill gives to the regulator. the damage that will be inflicted by a bursting this amendment so that a future Congress can For example, in the scheme established by of the housing bubble. This is because this bill revisit this issue and again evaluate the needs H.R. 1461 the regulator’s budget is not subject creates a new unaccountable regulator and in- of affordable housing recipients. Finally, I to appropriations. This removes a powerful troduces further distortions into the housing would like to express my full support for the mechanism for holding the regulator account- market via increased regulatory power. H.R. ability of non-profit organizations to compete able to Congress. While the regulator is ac- 1461 also violates the Constitution by creating for the funds created by H.R. 1461. countable to a board of directors, this board yet another unaccountable regulator with I agree that there must be full oversight of may conduct all deliberations in private be- quasi-executive, judicial, and legislative pow- the groups receiving grants from the Afford- cause it is not subject to the sunshine act. ers. Instead of expanding unconstitutional and able Trust Fund, and that no dollars from the Ironically, by transferring the risk of wide- market distorting government bureaucracies, fund may be used for lobbying, travel, or elec- spread mortgage defaults to the taxpayers Congress should act to remove taxpayer sup- tion activities. However, I do have concerns through government subsidies and convincing port from the housing GSEs before the bubble that some of the language included in the investors that all is well because a ‘‘world- bursts and taxpayers are once again forced to manager’s amendment was overly broad. class’’ regulator is ensuring the GSEs’ sound- bailout investors who were misled by foolish Some have argued that the amendment may ness, the government increases the likelihood government interference in the market. prohibit groups like Catholic Charities, Lu- of a painful crash in the housing market. This Ms. KILPATRICK of Michigan. Mr. Chair- theran Services in America, and Habitat for is because the special privileges of Fannie man, it is with some reluctance I rise now in Humanity from receiving Affordable Trust Fund and Freddie have distorted the housing market opposition to H.R. 1461, the Federal Housing grants. I would strongly urge House conferees by allowing Fannie and Freddie to attract cap- Finance Reform Act. In its amended form, the to revisit and narrow the language included in ital they could not attract under pure market legislation no longer puts the best interest of this amendment so that these organizations, conditions. As a result, capital is diverted from our Nation at heart, but instead holds a pre- along with other well-meaning non-profit its most productive uses into housing. This re- cious resource hostage for the sake of par- groups, can access the funds and grow their duces the efficacy of the entire market and tisan politics. affordable housing programs. Mr. UDALL of Colorado. Mr. Chairman, I thus reduces the standard of living of all The provision restricting non-profit organiza- rise in support of the ‘‘Federal Housing Fi- Americans. tions, and their affiliates, from using their own nance Reform Act.’’ This legislation not only Despite the long-term damage to the econ- funds to engage in non-partisan voter registra- addresses key components to ensure the sta- omy inflicted by the government’s interference tion or get-out-the-vote activities if they want bility of mortgage lenders Fannie Mae and in the housing market, the government’s policy to apply for the much-needed affordable hous- Freddie Mac but it does a great deal more to of diverting capital into housing creates a ing funds is entirely inappropriate. The inapt- expand homeownership opportunities for mil- short-term boom in housing. Like all artificially ness is compounded by the fact that the lan- lions of American families. created bubbles, the boom in housing prices guage still allows for-profit institutions to en- I am pleased this legislation creates a new cannot last forever. When housing prices fall, gage in voter advocacy, even conducted in a and single regulator in the Federal Housing Fi- homeowners will experience difficulty as their partisan, biased manner. If the threat of mis- nance Agency which has expanded strength, equity is wiped out. Furthermore, the holders use of these funds is so apparent as to war- including full receivership powers in the event of the mortgage debt will also have a loss. rant this amendment, why would we only re- of a financial crisis and independent litigating These losses will be greater than they would strict charitable organizations and not those authority. As these companies have a public have been had government policy not actively whose fundamental goal is to swell business mission they must comply with high standards encouraged over-investment in housing. profits? and accountability on their activities. H.R. 1461 further distorts the housing mar- It is extremely apparent that the leadership’s As the price of housing continues to rise, ket by artificially inflating the demand for hous- priorities are backwards. Congress should be especially in high cost communities, many ing through the creation of a national housing encouraging election activities promoting good families find the opportunity of homeownership trust fund. This fund further diverts capital to citizenship conducted by unbiased, non-profit elusive. I am pleased this legislation will allow housing that, absent government intervention, organizations, not restricting the types of aid Freddie Mac and Fannie Mae to loan up to the would be put to a use more closely matching these groups are allowed to provide. To add median average of homes in areas of high the demands of consumers. Thus, this new insult to injury, the new provision imposes a cost. This provision will help middle class fam- housing program will reduce efficacy and cre- new burden of requiring these groups to list ilies in Colorado towns such as Minturn, Ba- ate yet another unconstitutional redistribution housing assistance as their ‘‘primary purpose’’ salt and Frisco to receive needed resources program. if they want to apply for funds. The effect of so they can purchase a home. Perhaps the Federal Reserve can stave off this constraint will be to reduce the diversity of I am also pleased the legislation includes an the day of reckoning by purchasing the GSEs’ assistance that will be available. affordable housing fund. This fund would re- debt and pumping liquidity into the housing With such a growing need for affordable quire these mortgage lenders to allocate a market, but this cannot hold off the inevitable housing, and for competent groups capable of portion of their profits for purposes such as drop in the housing market forever. In fact, connecting people with the already scarce re- down payment assistance and closing costs postponing the necessary and painful market sources, I cannot imagine why my colleagues for low income first time homebuyers. corrections will only deepen the inevitable fall. would want to handicap these organizations While this bill has many strong elements it The more people are invested in the market, from providing assistance to our Nation’s most is important to note a significant shortcoming. the greater the effects across the economy vulnerable populations. It is for these reasons I am outraged by provisions which subverts when the bubble bursts. I cannot support this otherwise sound and rea- activities of nonprofit, charitable, faith based Instead of addressing government polices sonable measure to improve the regulation of organizations and their affiliates. I find trou- encouraging the misallocation of resources to our Nation’s largest source of mortgages. I bling that these groups would not be consid- the housing market, H.R. 1461 further intro- urge my colleagues to vote no on H.R. 1461. ered for funding from the affordable housing

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00141 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23820 CONGRESSIONAL RECORD—HOUSE October 26, 2005 fund if they use their own funds to participate H.R. 1461, to the House floor. Reforming the availability of housing for middle and low in- in political activities such as non partisan voter regulatory structure for the housing GSEs has come Americans. These limits are necessary registration drives and get out the vote activi- clearly been a long time in the making. to prevent Fannie and Freddie from competing ties. This is especially troubling as the Federal I am going to vote for this legislation, and I with private sector lenders, who already meet Government continues to spend time and re- encourage my colleagues to do the same. I the demand for larger home loans. Raising the sources expanding voting opportunities with believe that we must act as a body to move conforming loan limits is a clear extension of the Help America Vote Act and the National this process forward, and work with the Sen- Fannie and Freddie’s charters. That is not the Voter Registration Act. ate to draft a bill that President Bush can sign purpose of this legislation. I hope the Senate and conference com- into law. We are all aware of the economic Mr. Chairman, the Chairman of the Financial mittee will reject such language to ensure that damage that took place in the wake of other Services Committee worked diligently and in groups and organizations are not penalized for corporate accounting scandals, be it Enron, good faith with myself and many of my col- participation in the political process. WorldCom or Tyco. It is important to remem- leagues who had serious concerns about the In spite of deficiencies the bill is worth sup- ber that in terms of assets, Enron was only creation of an affordable housing fund for both porting because it is important to strengthen about one-sixteenth the size that Fannie Mae Fannie Mae and Freddie Mac in H.R. 1461. I regulations and operations of Fannie Mae and is today. WorldCom and Tyco were about one- applaud him for his willingness to include lan- Freddie Mac. By doing so we continue to pro- tenth the size of Fannie in terms of assets. guage in this bill that seeks to prevent afford- vide and further expand the American dream These facts cannot be ignored. Legislation is able housing fund monies from being abused of homeownership to millions of Americans long overdue. for political purposes. However, it is my hope and their families. However, I continue to have many concerns that as this bill moves toward conference with Ms. VELA´ ZQUEZ. Mr. Chairman, I rise about certain provisions in H.R. 1461 that I the Senate, we take a serious look at the today to register my opposition to H.R. 1461 believe could do more harm than good to our need to create another housing fund of this the Federal Housing Finance Reform Act, due housing markets. Primarily, I am concerned nature, especially one that has the potential to to recently add provisions that restrict non- that H.R. 1461 does not go far enough to pro- be abused for political purposes. profit organizations from receiving affordable tect our financial markets from the systemic Our housing finance system is driven by the housing funds if they engage in nonpartisan risk posed by the giant portfolio holdings of creation of jobs, supported by sound economic voter registration activities. Fannie Mae and Freddie Mac. policy. Under the policies of this administration On May 25, 2005, the Financial Services Federal Reserve Chairman Alan Greenspan and this Republican Congress, this system Committee reported the GSE bill with strong has warned us that without the needed restric- has never worked better, and we now have bipartisan support. I supported moving the bill tions on the size of Fannie and Freddie’s port- achieved the highest rate of homeownership in because it took necessary steps toward ex- folios, our ability to preserve safe and sound the entire history of the United States of Amer- panding homeownership for American families. financial markets is significantly put at risk. ica. Mr. Chairman, the truth is there is no However, in an effort to bring the bill to the H.R. 1461 would not give the new regulator greater housing program than the American floor, Republicans altered the language that the necessary tools to appropriately limit the free enterprise system. created an affordable housing trust fund. size of the portfolios of these two institutions. Mr. OXLEY. Mr. Chairman, I yield Under the Republican language, controversial The combined retained portfolios of these two back the balance of my time. limitations were included to restrict the receipt companies now exceed $1.6 trillion, up from The CHAIRMAN. All time for general of the funds by nonprofit organizations. Spe- $136 billion in 1990. Portfolios of this size do debate has expired. cifically, the language prohibits nonprofit orga- nothing to promote liquidity in the secondary Pursuant to the rule, the amendment nizations, including religious groups, from ap- market. Unfortunately, H.R. 1461 will do noth- in the nature of a substitute printed in plying for and receiving grants if they engage ing to protect American taxpayers from having the bill shall be considered as an origi- in, or maintain an affiliation with any organiza- to bail these institutions out should they fail. nal bill for the purpose of amendment tion that engages in, nonpartisan voter reg- I am also concerned about what is com- under the 5-minute rule and shall be istration within the 12 months preceding the monly referred to as ‘‘mission creep’’ of these considered read. application or during the duration of the grant. two entities. Congress has given Fannie Mae The text of the amendment in the na- This restrictive language has never been and Freddie Mac very special charters, unique ture of a substitute is as follows: debated by the Financial Services Committee, government-granted benefits that we do not H.R. 1461 despite the fact that its implications warrant grant their competitors. These benefits exist Be it enacted by the Senate and House of Rep- careful study. For instance, the provisions so that they can create liquidity in the sec- resentatives of the United States of America in raise significant constitutional questions be- ondary mortgage market and help create the Congress assembled, cause they place restrictions on the First American Dream for middle and low income SECTION 1. SHORT TITLE AND TABLE OF CON- Amendment right to affiliate. They also directly families. In recent years, these entities have TENTS. contradict current voter registration laws by been clearly engaging in areas outside of this (a) SHORT TITLE.—This Act may be cited as discouraging civic participation in the demo- charter, including airplane leasing, purchasing the ‘‘Federal Housing Finance Reform Act of cratic process. tobacco bonds, and providing international 2005’’. Moreover, I am extremely concerned that consulting. H.R. 1461 does not provide the (b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: this language will exempt qualified non-profit necessary bright line between the activities in groups from providing much needed affordable which Fannie Mae and Freddie Mac can and Sec. 1. Short title and table of contents. Sec. 2. Definitions. housing services across the country. The Fi- cannot engage. While Congress prohibits TITLE I—REFORM OF REGULATION OF EN- nancial Services Committee had taken great Fannie and Freddie from originating loans, we TERPRISES AND FEDERAL HOME LOAN strides in this bill to increase homeownership clearly need a better definition of loan origina- BANKS through the creation of an affordable housing tion and what separates the primary market Subtitle A—Improvement of Safety and trust fund. Yet, this language throws our bipar- from the secondary market. Not only would a Soundness tisan efforts aside, the impact of which will be bright line provide clarity, it would enhance Sec. 101. Establishment of the Federal Housing felt by the low income, elderly and disabled. competition in the primary market and prevent Finance Agency. As the Federal Housing Finance Reform Act these taxpayer-backed institutions from engag- Sec. 102. Duties and authorities of Director. moves forward through the legislative process, ing in activities outside of the scope of their Sec. 103. Housing Finance Oversight Board. I hope that the Senate and conference com- charters. Sec. 104. Authority to require reports by regu- mittee recognize the harmful effects of these Further, I have concerns about raising the lated entities. restrictions on non-profit organizations and re- conforming loan limits for Fannie Mae and Sec. 105. Disclosure of charitable contributions move the language that jeopardizes our demo- Freddie Mac, as H.R. 1461 does. Raising by enterprises. Sec. 106. Assessments. cratic form of government. these limits will do nothing to help Fannie and Sec. 107. Examiners and accountants. Mr. HENSARLING. Mr. Chairman, I first Freddie meet their affordable housing goals. Sec. 108. Prohibition and withholding of execu- want to thank the gentleman from Ohio (Mr. The conforming loan limits were originally es- tive compensation. OXLEY) and the gentleman from Louisiana (Mr. tablished to ensure that Fannie Mae and Sec. 109. Reviews of regulated entities. BAKER) for their leadership in getting this bill, Freddie Mac are focused on increasing the Sec. 110. Regulations and orders.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00142 Fmt 0688 Sfmt 6343 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23821 Sec. 111. Risk-based capital requirements. TITLE III—TRANSFER OF FUNCTIONS, (9) by inserting after paragraph (7) the fol- Sec. 112. Minimum and critical capital levels. PERSONNEL, AND PROPERTY OF OFFICE lowing new paragraph: Sec. 113. Review of and authority over enter- OF FEDERAL HOUSING ENTERPRISE ‘‘(11) FEDERAL HOME LOAN BANK.—The term prise assets and liabilities. OVERSIGHT, FEDERAL HOUSING FI- ‘Federal home loan bank’ means a bank estab- Sec. 114. Corporate governance of enterprises. NANCE BOARD, AND DEPARTMENT OF lished under the authority of the Federal Home Sec. 115. Required registration under Securities HOUSING AND URBAN DEVELOPMENT Loan Bank Act.’’; Exchange Act of 1934. Subtitle A—Office of Federal Housing (10) by redesignating paragraphs (2) through Sec. 116. Financial Institutions Examination Enterprise Oversight (7) as paragraphs (5) through (10), respectively; and Council. Sec. 301. Abolishment of OFHEO. (11) by inserting after paragraph (1) the fol- Sec. 117. Guarantee fee study. Sec. 302. Continuation and coordination of cer- lowing new paragraphs: Sec. 118. Conforming amendments. tain regulations. ‘‘(2) AGENCY.—The term ‘Agency’ means the Subtitle B—Improvement of Mission Supervision Sec. 303. Transfer and rights of employees of Federal Housing Finance Agency. OFHEO. Sec. 121. Transfer of program and activities ap- ‘‘(3) AUTHORIZING STATUTES.—The term ‘au- Sec. 304. Transfer of property and facilities. proval and housing goal over- thorizing statutes’ means— sight. Subtitle B—Federal Housing Finance Board ‘‘(A) the Federal National Mortgage Associa- Sec. 122. Review by Director of new programs Sec. 321. Abolishment of the Federal Housing tion Charter Act; and activities of enterprises. Finance Board. ‘‘(B) the Federal Home Loan Mortgage Cor- Sec. 123. Conforming loan limits. Sec. 322. Continuation and coordination of cer- poration Act; and Sec. 124. Annual housing report regarding reg- tain regulations. ‘‘(C) the Federal Home Loan Bank Act. ulated entities. Sec. 323. Transfer and rights of employees of ‘‘(4) BOARD.—The term ‘Board’ means the Sec. 125. Revision of housing goals. the Federal Housing Finance Housing Finance Oversight Board established Sec. 126. Duty to serve underserved markets. Board. under section 1313B.’’. Sec. 127. Monitoring and enforcing compliance Sec. 324. Transfer of property and facilities. TITLE I—REFORM OF REGULATION OF EN- with housing goals. Subtitle C—Department of Housing and Urban TERPRISES AND FEDERAL HOME LOAN Sec. 128. Affordable housing fund. Development BANKS Sec. 129. Consistency with mission. Sec. 341. Termination of enterprise-related Subtitle A—Improvement of Safety and Sec. 130. Enforcement. functions. Soundness Sec. 131. Conforming amendments. Sec. 342. Continuation and coordination of cer- SEC. 101. ESTABLISHMENT OF THE FEDERAL Subtitle C—Prompt Corrective Action tain regulations. HOUSING FINANCE AGENCY. Sec. 343. Transfer and rights of employees. Sec. 141. Capital classifications. (a) IN GENERAL.—The Housing and Commu- Sec. 344. Transfer of appropriations, property, nity Development Act of 1992 (12 U.S.C. 4501 et Sec. 142. Supervisory actions applicable to and facilities. undercapitalized regulated enti- seq.) is amended by striking sections 1311 and ties. SEC. 2. DEFINITIONS. 1312 and inserting the following: Section 1303 of the Housing and Community Sec. 143. Supervisory actions applicable to sig- ‘‘SEC. 1311. ESTABLISHMENT OF THE FEDERAL nificantly undercapitalized regu- Development Act of 1992 (12 U.S.C. 4502) is HOUSING FINANCE AGENCY. lated entities. amended— ‘‘(a) ESTABLISHMENT.—There is established (1) in paragraph (7), by striking ‘‘an enter- Sec. 144. Authority over critically undercapital- the Federal Housing Finance Agency, which prise’’ and inserting ‘‘a regulated entity’’; ized regulated entities. shall be an independent agency of the Federal (2) by striking ‘‘the enterprise’’ each place Sec. 145. Conforming amendments. Government. such term appears (except in paragraphs (4) and ‘‘(b) GENERAL SUPERVISORY AND REGULATORY Subtitle D—Enforcement Actions (18)) and inserting ‘‘the regulated entity’’; AUTHORITY.— Sec. 161. Cease-and-desist proceedings. (3) in paragraph (5), by striking ‘‘Office of ‘‘(1) IN GENERAL.—Each regulated entity Sec. 162. Temporary cease-and-desist pro- Federal Housing Enterprise Oversight of the De- shall, to the extent provided in this title, be sub- ceedings. partment of Housing and Urban Development’’ ject to the supervision and regulation of the Sec. 163. Prejudgment attachment. and inserting ‘‘Federal Housing Finance Agen- Agency. Sec. 164. Enforcement and jurisdiction. cy’’; ‘‘(2) AUTHORITY OVER FANNIE MAE, FREDDIE Sec. 165. Civil money penalties. (4) in each of paragraphs (8), (9), (10), and MAC, AND FEDERAL HOME LOAN BANKS.—The Di- Sec. 166. Removal and prohibition authority. (19), by striking ‘‘Secretary’’ each place that rector of the Federal Housing Finance Agency Sec. 167. Criminal penalty. term appears and inserting ‘‘Director’’; shall have general supervisory and regulatory Sec. 168. Subpoena authority. (5) in paragraph (13), by inserting ‘‘, with re- authority over each regulated entity and shall Sec. 169. Conforming amendments. spect to an enterprise,’’ after ‘‘means’’; exercise such general regulatory authority, in- (6) by redesignating paragraphs (16) through cluding such duties and authorities set forth Subtitle E—General Provisions (19) as paragraphs (20) through (23), respec- under section 1313 of this Act, to ensure that the Sec. 181. Presidentially appointed directors of tively; purposes of this Act, the authorizing statutes, enterprises. (7) by striking paragraphs (14) and (15) and and any other applicable law are carried out. Sec. 182. Report on portfolio operations, safety inserting the following new paragraphs: ‘‘(c) SAVINGS PROVISION.—The authority of and soundness, and mission of en- ‘‘(18) REGULATED ENTITY.—The term ‘regu- the Director to take actions under subtitles B terprises. lated entity’ means— and C shall not in any way limit the general su- Sec. 183. Conforming and technical amend- ‘‘(A) the Federal National Mortgage Associa- pervisory and regulatory authority granted to ments. tion and any affiliate thereof; the Director. Sec. 184. Study of alternative secondary market ‘‘(B) the Federal Home Loan Mortgage Cor- systems. poration and any affiliate thereof; and ‘‘SEC. 1312. DIRECTOR. Sec. 185. Effective date. ‘‘(C) each Federal home loan bank. ‘‘(a) ESTABLISHMENT OF POSITION.—There is ‘‘(19) REGULATED ENTITY-AFFILIATED PARTY.— established the position of the Director of the TITLE II—FEDERAL HOME LOAN BANKS The term ‘regulated entity-affiliated party’ Federal Housing Finance Agency, who shall be Sec. 201. Definitions. means— the head of the Agency. Sec. 202. Directors. ‘‘(A) any director, officer, employee, or con- ‘‘(b) APPOINTMENT; TERM.— Sec. 203. Federal Housing Finance Agency trolling stockholder of, or agent for, a regulated ‘‘(1) APPOINTMENT.—The Director shall be ap- oversight of Federal Home Loan entity; pointed by the President, by and with the ad- Banks. ‘‘(B) any shareholder, affiliate, consultant, or vice and consent of the Senate, from among in- Sec. 204. Joint activities of banks. joint venture partner of a regulated entity, and dividuals who are citizens of the United States, Sec. 205. Sharing of information between Fed- any other person, as determined by the Director have a demonstrated understanding of financial eral Home Loan Banks. (by regulation or on a case-by-case basis) that management or oversight, and have a dem- Sec. 206. Reorganization of banks and vol- participates in the conduct of the affairs of a onstrated understanding of capital markets, in- untary merger. regulated entity; cluding the mortgage securities markets and Sec. 207. Securities and Exchange Commission ‘‘(C) any independent contractor for a regu- housing finance. disclosure. lated entity (including any attorney, appraiser, ‘‘(2) TERM AND REMOVAL.—The Director shall Sec. 208. Community financial institution mem- or accountant); and be appointed for a term of 5 years and may be bers. ‘‘(D) any not-for-profit corporation that re- removed by the President only for cause. Sec. 209. Technical and conforming amend- ceives its principal funding, on an ongoing ‘‘(3) VACANCY.—A vacancy in the position of ments. basis, from any regulated entity.’’; Director that occurs before the expiration of the Sec. 210. Study of affordable housing program (8) by redesignating paragraphs (8) through term for which a Director was appointed shall use for long-term care facilities. (13) as paragraphs (12) through (17), respec- be filled in the manner established under para- Sec. 211. Effective date. tively; and graph (1), and the Director appointed to fill

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00143 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23822 CONGRESSIONAL RECORD—HOUSE October 26, 2005 such vacancy shall be appointed only for the re- amended by striking section 1313 and inserting strict exposure of the regulated entity to a single mainder of such term. the following new sections: counterparty or groups of related counterpar- ‘‘(4) SERVICE AFTER END OF TERM.—An indi- ‘‘SEC. 1313. DUTIES AND AUTHORITIES OF DIREC- ties; vidual may serve as the Director after the expi- TOR. ‘‘(4) management of interest rate risk expo- ration of the term for which appointed until a ‘‘(a) DUTIES.— sure; successor has been appointed. ‘‘(1) PRINCIPAL DUTIES.—The principal duties ‘‘(5) management of market risk, including ‘‘(5) TRANSITIONAL PROVISION.—Notwith- of the Director shall be— standards that provide for systems that accu- standing paragraphs (1) and (2), the Director of ‘‘(A) to oversee the operations of each regu- rately measure, monitor, and control market the Office of Federal Housing Enterprise Over- lated entity; and risks and, as warranted, that establish limita- sight of the Department of Housing and Urban ‘‘(B) to ensure that— tions on market risk; Development shall serve as the Director until a ‘‘(i) each regulated entity operates in a safe ‘‘(6) adequacy and maintenance of liquidity successor has been appointed under paragraph and sound manner, including maintenance of and reserves; ‘‘(7) management of any asset and investment (1). adequate capital and internal controls; portfolio; ‘‘(c) DEPUTY DIRECTOR OF THE DIVISION OF ‘‘(ii) the operations and activities of each reg- ‘‘(8) investments and acquisitions by a regu- ENTERPRISE REGULATION.— ulated entity foster liquid, efficient, competitive, lated entity, to ensure that they are consistent ‘‘(1) IN GENERAL.—The Agency shall have a and resilient national housing finance markets with the purposes of this Act and the author- Deputy Director of the Division of Enterprise that minimize the cost of housing finance (in- izing statutes; Regulation, who shall be appointed by the Di- cluding activities relating to mortgages on hous- ‘‘(9) maintenance of adequate records, in ac- rector from among individuals who are citizens ing for low- and moderate- income families in- cordance with consistent accounting policies of the United States, have a demonstrated un- volving a reasonable economic return that may and practices that enable the Director to evalu- derstanding of financial management or over- be less than the return earned on other activi- ate the financial condition of the regulated enti- sight and of mortgage securities markets and ties); ty; housing finance. ‘‘(iii) each regulated entity complies with this ‘‘(10) issuance of subordinated debt by that ‘‘(2) FUNCTIONS.—The Deputy Director of the title and the rules, regulations, guidelines, and particular regulated entity, as the Director con- Division of Enterprise Regulation shall have orders issued under this title and the author- siders necessary; such functions, powers, and duties with respect izing statutes; and ‘‘(11) overall risk management processes, in- to the oversight of the enterprises as the Direc- ‘‘(iv) each regulated entity carries out its stat- cluding adequacy of oversight by senior man- tor shall prescribe. utory mission only through activities that are agement and the board of directors and of proc- ‘‘(d) DEPUTY DIRECTOR OF THE DIVISION OF consistent with this title and the authorizing esses and policies to identify, measure, monitor, FEDERAL HOME LOAN BANK REGULATION.— statutes. and control material risks, including ‘‘(1) IN GENERAL.—The Agency shall have a ‘‘(2) SCOPE OF AUTHORITY.—The authority of reputational risks, and for adequate, well-tested Deputy Director of the Division of Federal Home the Director shall include the authority— business resumption plans for all major systems Loan Bank Regulation, who shall be appointed ‘‘(A) to review and, if warranted based on the with remote site facilities to protect against dis- by the Director from among individuals who are principal duties described in paragraph (1), re- ruptive events; and citizens of the United States, have a dem- ject any acquisition or transfer of a controlling ‘‘(12) such other operational and management onstrated understanding of financial manage- interest in an enterprise; and standards as the Director determines to be ap- ment or oversight and of the Federal Home Loan ‘‘(B) to exercise such incidental powers as propriate. Bank System and housing finance. may be necessary or appropriate to fulfill the ‘‘(b) FAILURE TO MEET STANDARDS.— ‘‘(2) FUNCTIONS.—The Deputy Director of the duties and responsibilities of the Director in the ‘‘(1) PLAN REQUIREMENT.— Division of Federal Home Loan Bank Regula- supervision and regulation of each regulated en- ‘‘(A) IN GENERAL.—If the Director determines tion shall have such functions, powers, and du- tity. that a regulated entity fails to meet any stand- ties with respect to the oversight of the Federal ‘‘(b) DELEGATION OF AUTHORITY.—The Direc- ard established under subsection (a)— home loan banks as the Director shall prescribe. tor may delegate to officers or employees of the ‘‘(i) if such standard is established by regula- ‘‘(e) DEPUTY DIRECTOR FOR HOUSING.— Agency, including each of the Deputy Directors, tion, the Director shall require the regulated en- ‘‘(1) IN GENERAL.—The Agency shall have a any of the functions, powers, or duties of the tity to submit an acceptable plan to the Director Deputy Director for Housing, who shall be ap- Director, as the Director considers appropriate. within the time allowed under subparagraph pointed by the Director from among individuals ‘‘(c) LITIGATION AUTHORITY.— (C); and who are citizens of the United States, and have ‘‘(1) IN GENERAL.—In enforcing any provision ‘‘(ii) if such standard is established by guide- a demonstrated understanding of the housing of this title, any regulation or order prescribed line, the Director may require the regulated en- markets and housing finance. under this title, or any other provision of law, tity to submit a plan described in clause (i). ‘‘(2) FUNCTIONS.—The Deputy Director for rule, regulation, or order, or in any other ac- ‘‘(B) CONTENTS.—Any plan required under Housing shall have such functions, powers, and tion, suit, or proceeding to which the Director is subparagraph (A) shall specify the actions that duties with respect to the oversight of the hous- a party or in which the Director is interested, the regulated entity will take to correct the defi- ing mission and goals of the enterprises, and and in the administration of conservatorships ciency. If the regulated entity is undercapital- with respect to oversight of the housing mission and receiverships, the Director may act in the ized, the plan may be a part of the capital res- of the Federal home loan banks, as the Director Director’s own name and through the Director’s toration plan for the regulated entity under sec- shall prescribe. own attorneys. tion 1369C. ‘‘(C) DEADLINES FOR SUBMISSION AND RE- ‘‘(f) LIMITATIONS.—The Director and each of ‘‘(2) SUBJECT TO SUIT.—Except as otherwise the Deputy Directors may not— provided by law, the Director shall be subject to VIEW.—The Director shall by regulation estab- ‘‘(1) have any direct or indirect financial in- suit (other than suits on claims for money dam- lish deadlines that— ‘‘(i) provide the regulated entities with rea- terest in any regulated entity or regulated enti- ages) by a regulated entity or director or officer sonable time to submit plans required under sub- ty-affiliated party; thereof with respect to any matter under this paragraph (A), and generally require a regu- ‘‘(2) hold any office, position, or employment title or any other applicable provision of law, lated entity to submit a plan not later than 30 in any regulated entity or regulated entity-af- rule, order, or regulation under this title, in the days after the Director determines that the enti- filiated party; or United States district court for the judicial dis- ty fails to meet any standard established under ‘‘(3) have served as an executive officer or di- trict in which the regulated entity has its prin- subsection (a); and rector of any regulated entity, or regulated enti- cipal place of business, or in the United States ‘‘(ii) require the Director to act on plans expe- ty-affiliated party, at any time during the 3- District Court for the District of Columbia, and ditiously, and generally not later than 30 days year period ending on the date of appointment the Director may be served with process in the after the plan is submitted. of such individual as Director or Deputy Direc- manner prescribed by the Federal Rules of Civil ‘‘(2) REQUIRED ORDER UPON FAILURE TO SUB- tor.’’. Procedure. MIT OR IMPLEMENT PLAN.—If a regulated entity (b) APPOINTMENT OF DIRECTOR.—Notwith- ‘‘SEC. 1313A. PRUDENTIAL MANAGEMENT AND OP- fails to submit an acceptable plan within the standing any other provision of law or of this ERATIONS STANDARDS. time allowed under paragraph (1)(C), or fails in Act, the President may, any time after the date ‘‘(a) STANDARDS.—The Director shall establish any material respect to implement a plan accept- of the enactment of this Act, appoint an indi- standards, by regulation, guideline, or order, for ed by the Director, the following shall apply: vidual to serve as the Director of the Federal each regulated entity relating to— ‘‘(A) REQUIRED CORRECTION OF DEFICIENCY.— Housing Finance Agency, as such office is es- ‘‘(1) adequacy of internal controls and infor- The Director shall, by order, require the regu- tablished by the amendment made by subsection mation systems taking into account the nature lated entity to correct the deficiency. (a). This subsection shall take effect on the date and scale of business operations; ‘‘(B) OTHER AUTHORITY.—The Director may, of the enactment of this Act. ‘‘(2) independence and adequacy of internal by order, take one or more of the following ac- SEC. 102. DUTIES AND AUTHORITIES OF DIREC- audit systems; tions until the deficiency is corrected: TOR. ‘‘(3) management of credit and counterparty ‘‘(i) Prohibit the regulated entity from permit- (a) IN GENERAL.—The Housing and Commu- risk, including systems to identify concentra- ting its average total assets (as such term is de- nity Development Act of 1992 (12 U.S.C. 4513) is tions of credit risk and prudential limits to re- fined in section 1316(b)) during any calendar

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00144 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23823

quarter to exceed its average total assets during ‘‘(d) TERMS AND VACANCIES.— (2) by striking paragraph (4) and inserting the the preceding calendar quarter, or restrict the ‘‘(1) TERMS.—Each member of the Board pur- following new paragraphs: rate at which the average total assets of the en- suant to paragraph (4) shall be appointed for a ‘‘(4) an assessment of the Board with respect tity may increase from one calendar quarter to term of 3 years, and may be removed by the to— another. President only for cause. ‘‘(A) the safety and soundness of the regu- ‘‘(ii) Require the regulated entity— ‘‘(2) VACANCIES.—A member of the Board ap- lated entities; ‘‘(I) in the case of an enterprise, to increase pointed to fill a vacancy occurring before the ‘‘(B) any material deficiencies in the conduct its ratio of core capital to assets. expiration of the term for which the member’s of the operations of the regulated entities; ‘‘(II) in the case of a Federal home loan bank, predecessor was appointed shall be appointed ‘‘(C) the overall operational status of the reg- to increase its ratio of total capital (as such only for the remainder of that term. A member ulated entities; term is defined in section 6(a)(5) of the Federal of the Board may serve after the expiration of ‘‘(D) an evaluation of the performance of the Home Loan Bank Act (12 U.S.C. 1426(a)(5)) to the member’s term until a successor has been ap- regulated entities in carrying out their missions, assets. pointed. including compliance of the enterprises with the ‘‘(iii) Require the regulated entity to take any ‘‘(e) PROHIBITION OF ADDITIONAL COMPENSA- housing goals under subpart B of part 2 of this other action that the Director determines will TION.—Notwithstanding any other provision of subtitle and compliance of the Federal home better carry out the purposes of this section law, members of Board pursuant to paragraphs loan banks with the community investment and than any of the actions described in this sub- (1), (2), and (3) shall not receive additional com- affordable housing programs under subsections paragraph pensation by reason of service on the Board. (i) and (j) of section 10 of the Federal Home ‘‘(3) MANDATORY RESTRICTIONS.—In com- ‘‘(f) LIMITATIONS.—Each member of the Board Loan Bank Act; plying with paragraph (2), the Director shall may not— ‘‘(E) an evaluation of the performance of the take one or more of the actions described in ‘‘(1) have any direct or indirect financial in- Agency in fulfilling its duties and responsibil- clauses (i) through (iii) of paragraph (2)(B) if— terest in any regulated entity or regulated enti- ities under law; and ‘‘(A) the Director determines that the regu- ty-affiliated party; or ‘‘(F) such other matters relating to the Board lated entity fails to meet any standard pre- ‘‘(2) hold any office, position, or employment and the fulfillment of its duties as the Board scribed under subsection (a); in any regulated entity or regulated entity-af- considers appropriate; ‘‘(B) the regulated entity has not corrected filiated party. ‘‘(5) operations, resources, and performance of the deficiency; and ‘‘(g) FULL-TIME MEMBERS AND STAFF.— the Agency; and ‘‘(C) during the 18-month period before the ‘‘(1) FULL-TIME MEMBERS.—The members of ‘‘(6) such other matters relating to the Agency date on which the regulated entity first failed to the Board pursuant to subsection (c)(4) shall and its fulfillment of its mission.’’. serve on a full-time basis. meet the standard, the entity underwent ex- SEC. 104. AUTHORITY TO REQUIRE REPORTS BY traordinary growth, as defined by the Director. ‘‘(2) STAFF.—The staff of the Board shall be REGULATED ENTITIES. appointed subject to the provisions of title 5, ‘‘(c) OTHER ENFORCEMENT AUTHORITY NOT Section 1314 of the Housing and Community United States Code, governing appointments in AFFECTED.—The authority of the Director under Development Act of 1992 (12 U.S.C. 4514) is the competitive service, and shall be paid in ac- this section is in addition to any other authority amended— cordance with the provisions of chapter 51 and of the Director.’’. (1) in the section heading, by striking ‘‘EN- subchapter III of chapter 53 of that title relating (b) INDEPENDENCE IN CONGRESSIONAL TESTI- TERPRISES’’ and inserting ‘‘REGULATED to classification and General Schedule pay MONY AND RECOMMENDATIONS.—Section 111 of ENTITIES’’; rates, except that each member of the Board Public Law 93–495 (12 U.S.C. 250) is amended by (2) in subsection (a)— pursuant to paragraph (4) may appoint one striking ‘‘the Federal Housing Finance Board’’ (A) in the subsection heading, by striking staff member without regard to the such provi- and inserting ‘‘the Director of the Federal Hous- ‘‘Special Reports and Reports of Financial Con- sions governing appointments in the competitive ing Finance Agency’’. dition’’ and inserting ‘‘Regular and Special Re- service and such staff members may be paid by SEC. 103. HOUSING FINANCE OVERSIGHT BOARD. ports’’; the Board without regard to the such provisions (a) IN GENERAL.—Title XIII of the Housing (B) in paragraph (1)— relating to classification and General Schedule and Community Development Act of 1992 (12 (i) in the paragraph heading, by striking ‘‘FI- pay rates. U.S.C. 4501 et seq.) is amended by inserting after NANCIAL CONDITION’’ and inserting ‘‘REGULAR ‘‘(h) MEETINGS.— section 1313A, as added by section 102 of this REPORTS’’; and ‘‘(1) IN GENERAL.—The Board shall meet upon (ii) by striking ‘‘reports of financial condition Act, the following new section: notice by the Director, but in no event shall the and operations’’ and inserting ‘‘regular reports ‘‘SEC. 1313B. HOUSING FINANCE OVERSIGHT Board meet less frequently than once every 3 on the condition (including financial condition), BOARD. months. management, activities, or operations of the reg- ‘‘(a) IN GENERAL.—There is established the ‘‘(2) SPECIAL MEETINGS.—Any member of the Housing Finance Oversight Board. Board may, upon giving written notice to the ulated entity, as the Director considers appro- ‘‘(b) DUTIES.— Director, require a special meeting of the Board, priate’’; and ‘‘(1) IN GENERAL.—The Board shall advise the which shall be convened by the Director within (C) in paragraph (2), after ‘‘submit special re- Director with respect to overall strategies and 30 days after such notice. ports’’ insert ‘‘on any of the topics specified in policies in carrying out the duties of the Direc- ‘‘(i) TESTIMONY.—On an annual basis, the paragraph (1) or such other topics’’; and tor under this title, at the request of the Direc- Board shall testify before Congress regarding— (3) by adding at the end the following new tor and at the initiative of the Board, and shall ‘‘(1) the safety and soundness of the regulated subsection: carry out such functions as otherwise provided entities; ‘‘(c) REPORTS OF FRAUDULENT FINANCIAL by law. ‘‘(2) any material deficiencies in the conduct TRANSACTIONS.— ‘‘(2) LIMITATION.—The Director may not dele- of the operations of the regulated entities; ‘‘(1) REQUIREMENT TO REPORT.—The Director gate to the Board any of the functions, powers, ‘‘(3) the overall operational status of the regu- shall require a regulated entity to submit to the or duties of the Director. lated entities; Director a timely report upon discovery by the ‘‘(c) COMPOSITION.—The Board shall be com- ‘‘(4) an evaluation of the performance of the regulated entity that it has purchased or sold a prised of 5 members, as follows: regulated entities in carrying out their respec- fraudulent loan or financial instrument or sus- ‘‘(1) One member shall be the Director, who tive missions; pects a possible fraud relating to a purchase or shall serve as the Chairperson of the Board. ‘‘(5) operations, resources, and performance of sale of any loan or financial instrument. The ‘‘(2) One member shall be the Secretary of the the Agency and the Board; and Director shall require the regulated entities to Treasury or the designee of the Secretary. ‘‘(6) such other matters relating to the Agen- establish and maintain procedures designed to ‘‘(3) One member shall be the Secretary of cy, the Board, and the regulated entities, and discover any such transactions. Housing and Urban Development or the des- their fulfillment of their missions, as the Board ‘‘(2) PROTECTION FROM LIABILITY FOR RE- ignee of the Secretary. determines appropriate. PORTS.— ‘‘(4) Two members shall be appointed by the ‘‘(j) COSTS.—Costs of the Board, including ‘‘(A) IN GENERAL.—If a regulated entity makes President, by and with the advice and consent staff, shall be paid by the Agency as a cost and a report pursuant to paragraph (1), or a regu- of the Senate, who shall include— expense of the Agency. lated entity-affiliated party makes, or requires ‘‘(A) one individual who has extensive experi- ‘‘(k) EXEMPTION.—Notwithstanding any other another to make, such a report, and such report ence and expertise in the capital markets (in- provision of law, the provisions of section 552b is made in a good faith effort to comply with the cluding debt markets), the secondary mortgage of title 5, United States Code, shall not apply to requirements of paragraph (1), such regulated market, and mortgage-backed securities; and the Board.’’. entity or regulated entity-afffiliated party shall ‘‘(B) one individual who has extensive experi- (b) ANNUAL REPORT OF THE DIRECTOR.—Sec- not be liable to any person under any law or ence and expertise in mortgage finance (includ- tion 1319B(a) of the Housing and Community regulation of the United States, any constitu- ing single family and multifamily housing mort- Development Act of 1992 (12 U.S.C. 4521 (a)) is tion, law, or regulation of any State or political gage finance), development of affordable hous- amended— subdivision of any State, or under any contract ing, and economic development and revitaliza- (1) in paragraph (3), by striking ‘‘and’’ at the or other legally enforceable agreement (includ- tion. end; and ing any arbitration agreement), for such report

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00145 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23824 CONGRESSIONAL RECORD—HOUSE October 26, 2005 or for any failure to provide notice of such re- (A) in the subsection heading, by striking regulated entity any amount of assessment col- port to the person who is the subject of such re- ‘‘ENTERPRISES’’ and inserting ‘‘REGULATED EN- lected from such regulated entity that is attrib- port or any other person identified in the report. TITIES’’ ; utable to subsection (a)(3) and is in excess of the ‘‘(B) RULE OF CONSTRUCTION.—Subparagraph (B) by realigning paragraph (2) two ems from amount the Director deems necessary to main- (A) shall not be construed as creating— the left margin, so as to align the left margin of tain a working capital fund. ‘‘(i) any inference that the term ‘person’, as such paragraph with the left margins of para- ‘‘(f) TREATMENT OF ASSESSMENTS.— used in such subparagraph, may be construed graph (1); ‘‘(1) DEPOSIT.—Amounts received by the Di- more broadly than its ordinary usage so as to (C) in paragraph (1)— rector from assessments under this section may include any government or agency of govern- (i) by striking ‘‘Each enterprise’’ and insert- be deposited by the Director in the manner pro- ment; or ing ‘‘Each regulated entity’’; vided in section 5234 of the Revised Statutes (12 ‘‘(ii) any immunity against, or otherwise af- (ii) by striking ‘‘each enterprise’’ and insert- U.S.C. 192) for monies deposited by the Comp- fecting, any civil or criminal action brought by ing ‘‘each regulated entity’’; and troller of the Currency. any government or agency of government to en- (iii) by striking ‘‘both enterprises’’ and insert- ‘‘(2) NOT GOVERNMENT FUNDS.—The amounts force any constitution, law, or regulation of ing ‘‘all of the regulated entities’’; and received by the Director from any assessment such government or agency.’’. (D) in paragraph (3)— under this section shall not be construed to be SEC. 105. DISCLOSURE OF CHARITABLE CON- (i) in subparagraph (B), by striking ‘‘subpara- Government or public funds or appropriated TRIBUTIONS BY ENTERPRISES. graph (A)’’ and inserting ‘‘clause (i)’’; money. Section 1314 of the Housing and Community (ii) by redesignating subparagraphs (A), (B), ‘‘(3) NO APPORTIONMENT OF FUNDS.—Notwith- Development Act of 1992 (12 U.S.C. 4514), as and (C) as clauses (i), (ii) and (ii), respectively, standing any other provision of law, the amended by the preceding provisions of this Act, and realigning such clauses, as so redesignated, amounts received by the Director from any as- is further amended by adding at the end the fol- so as to be indented 6 ems from the left margin; sessment under this section shall not be subject lowing new subsection: (iii) by striking the matter that precedes to apportionment for the purpose of chapter 15 ‘‘(d) DISCLOSURE OF CHARITABLE CONTRIBU- clause (i), as so redesignated, and inserting the of title 31, United States Code, or under any TIONS BY ENTERPRISES.— following: other authority. ‘‘(1) REQUIRED DISCLOSURE.—The Director ‘‘(3) DEFINITION OF TOTAL ASSETS.—For pur- ‘‘(4) USE OF FUNDS.—The Director may use shall, by regulation, require each enterprise to poses of this section, the term ‘total assets’ any amounts received by the Director from as- submit a report annually, in a format des- means as follows: sessments under this section for compensation of ignated by the Director, containing the fol- ‘‘(A) ENTERPRISES.—With respect to an enter- the Director and other employees of the Agency lowing information: prise, the sum of—’’; and and for all other expenses of the Director and ‘‘(A) TOTAL VALUE.—The total value of con- (iv) by adding at the end the following new the Agency. tributions made by the enterprise to nonprofit subparagraph: ‘‘(5) AVAILABILITY OF OVERSIGHT FUND organizations during its previous fiscal year. ‘‘(B) FEDERAL HOME LOAN BANKS.—With re- AMOUNTS.—Notwithstanding any other provi- ‘‘(B) SUBSTANTIAL CONTRIBUTIONS.—If the spect to a Federal home loan bank, the total as- sion of law, any amounts remaining in the Fed- value of contributions made by the enterprise to sets of the Bank, as determined by the Director eral Housing Enterprises Oversight Fund estab- any nonprofit organization during its previous in accordance with generally accepted account- lished under this section (as in effect before the fiscal year exceeds the designated amount, the ing principles.’’; effective date under section 185 of the Federal name of that organization and the value of con- (3) by striking subsection (c) and inserting the Housing Finance Reform Act of 2005), and any tributions. following new subsection: amounts remaining from assessments on the ‘‘(C) SUBSTANTIAL CONTRIBUTIONS TO INSIDER- ‘‘(c) INCREASED COSTS OF REGULATION.— Federal Home Loan banks pursuant to section AFFILIATED CHARITIES.—Identification of each ‘‘(1) INCREASE FOR INADEQUATE CAPITALIZA- 18(b) of the Federal Home Loan Bank Act (12 contribution whose value exceeds the designated TION.—The semiannual payments made pursu- U.S.C. 1438(b)), shall, upon such effective date, amount that were made by the enterprise during ant to subsection (b) by any regulated entity be treated for purposes of this subsection as the enterprise’s previous fiscal year to any non- that is not classified (for purposes of subtitle B) amounts received from assessments under this profit organization of which a director, officer, as adequately capitalized may be increased, as section. or controlling person of the enterprise, or a necessary, in the discretion of the Director to ‘‘(g) BUDGET AND FINANCIAL MANAGEMENT.— spouse thereof, was a director or trustee, the pay additional estimated costs of regulation of ‘‘(1) FINANCIAL OPERATING PLANS AND FORE- name of such nonprofit organization, and the the regulated entity. CASTS.—The Director shall provide to the Direc- value of the contribution. ‘‘(2) ADJUSTMENT FOR ENFORCEMENT ACTIVI- tor of the Office of Management and Budget ‘‘(2) DEFINITIONS.—For purposes of this sub- TIES.—The Director may adjust the amounts of copies of the Director’s financial operating section— any semiannual assessments for an assessment plans and forecasts as prepared by the Director ‘‘(A) the term ‘designated amount’ means such under subsection (a) that are to be paid pursu- in the ordinary course of the Agency’s oper- amount as may be designated by the Director by ant to subsection (b) by a regulated entity, as ations, and copies of the quarterly reports of the regulation, consistent with the public interest necessary in the discretion of the Director, to Agency’s financial condition and results of op- and the protection of investors for purposes of ensure that the costs of enforcement activities erations as prepared by the Director in the ordi- this subsection; and under subtitle B and C for a regulated entity nary course of the Agency’s operations. ‘‘(B) the Director may, by such regulations as are borne only by such regulated entity. ‘‘(2) FINANCIAL STATEMENTS.—The Agency the Director deems necessary or appropriate in ‘‘(3) ADDITIONAL ASSESSMENT FOR DEFI- shall prepare annually a statement of assets the public interest, define the terms officer and CIENCIES.—If at any time, as a result of in- and liabilities and surplus or deficit; a state- controlling person. creased costs of regulation of a regulated entity ment of income and expenses; and a statement ‘‘(3) PUBLIC AVAILABILITY.—The Director that is not classified (for purposes of subtitle B) of sources and application of funds. shall make the information submitted pursuant as adequately captitalized or as the result of su- ‘‘(3) FINANCIAL MANAGEMENT SYSTEMS.—The to this subsection publicly available.’’. pervisory or enforcement activities under sub- Agency shall implement and maintain financial SEC. 106. ASSESSMENTS. title B or C for a regulated entity, the amount management systems that comply substantially Section 1316 of the Housing and Community available from any semiannual payment made with Federal financial management systems re- Development Act of 1992 (12 U.S.C. 4516) is by such regulated entity pursuant to subsection quirements, applicable Federal accounting amended— (b) is insufficient to cover the costs of the Agen- standards, and that uses a general ledger system (1) by striking subsection (a) and inserting the cy with respect to such entity, the Director may that accounts for activity at the transaction following new subsection: make and collect from such regulated entity an level. ‘‘(a) ANNUAL ASSESSMENTS.—The Director immediate assessment to cover the amount of ‘‘(4) ASSERTION OF INTERNAL CONTROLS.—The shall establish and collect from the regulated such deficiency for the semiannual period. If, at Director shall provide to the Comptroller Gen- entities annual assessments in an amount not the end of any semiannual period during which eral an assertion as to the effectiveness of the exceeding the amount sufficient to provide for such an assessment is made, any amount re- internal controls that apply to financial report- reasonable costs and expenses of the Agency, in- mains from such assessment, such remaining ing by the Agency, using the standards estab- cluding— amount shall be deducted from the assessment lished in section 3512 (c) of title 31, United ‘‘(1) the expenses of any examinations under for such regulated entity for the following semi- States Code. section 1317 of this Act and under section 20 of annual period.’’; ‘‘(5) RULE OF CONSTRUCTION.—This subsection the Federal Home Loan Bank Act; (4) in subsection (d), by striking ‘‘If’’ and in- may not be construed as implying any obliga- ‘‘(2) the expenses of obtaining any reviews serting ‘‘Except with respect to amounts col- tion on the part of the Director to consult with and credit assessments under section 1319; and lected pursuant to subsection (a)(3), if’’; and or obtain the consent or approval of the Director ‘‘(3) such amounts in excess of actual ex- (5) by striking subsections (e) through (g) and of the Office of Management and Budget with penses for any given year as deemed necessary inserting the following new subsections: respect to any reports, plans, forecasts, or other by the Director to maintain a working capital ‘‘(e) WORKING CAPITAL FUND.—At the end of information referred to in paragraph (1) or any fund in accordance with subsection (e).’’; each year for which an assessment under this jurisdiction or oversight over the affairs or oper- (2) in subsection (b)— section is made, the Director shall remit to each ations of the Agency.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00146 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23825

‘‘(h) AUDIT OF AGENCY.— (A) by inserting ‘‘of a regulated entity’’ after (b) CONFORMING AMENDMENTS.— ‘‘(1) IN GENERAL.—The Comptroller General ‘‘under this section’’; and (1) FANNIE MAE.—Section 309(d) of the Federal shall annually audit the financial transactions (B) by striking ‘‘to determine the condition of National Mortgage Association Charter Act (12 of the Agency in accordance with the U.S. gen- an enterprise for the purpose of ensuring its fi- U.S.C. 1723a(d)) is amended by adding at the erally accepted government auditing standards nancial safety and soundness’’ and inserting end the following new paragraph: as may be prescribed by the Comptroller General ‘‘or appropriate’’ ; and ‘‘(4) Notwithstanding any other provision of of the United States. The audit shall be con- (3) in subsection (c)— this section, the corporation shall not transfer, ducted at the place or places where accounts of (A) in the second sentence, by inserting ‘‘to disburse, or pay compensation to any executive the Agency are normally kept. The representa- conduct examinations under this section’’ before officer, or enter into an agreement with such ex- tives of the Government Accountability Office the period; and ecutive officer, without the approval of the Di- shall have access to the personnel and to all (B) in the third sentence, by striking ‘‘from rector, for matters being reviewed under section books, accounts, documents, papers, records (in- amounts available in the Federal Housing En- 1318 of the Federal Housing Enterprises Finan- cluding electronic records), reports, files, and all terprises Oversight Fund’’. cial Safety and Soundness Act of 1992 (12 U.S.C. other papers, automated data, things, or prop- (b) ENHANCED AUTHORITY TO HIRE EXAMINERS 4518).’’. erty belonging to or under the control of or used AND ACCOUNTANTS.—Section 1317 of the Housing (2) FREDDIE MAC.—Section 303(h) of the Fed- or employed by the Agency pertaining to its fi- and Community Development Act of 1992 (12 eral Home Loan Mortgage Corporation Act (12 nancial transactions and necessary to facilitate U.S.C. 4517) is amended by adding at the end U.S.C. 1452(h)) is amended by adding at the end the audit, and such representatives shall be af- the following new subsection: the following new paragraph: forded full facilities for verifying transactions ‘‘(g) APPOINTMENT OF ACCOUNTANTS, ECONO- ‘‘(4) Notwithstanding any other provision of with the balances or securities held by deposi- MISTS, SPECIALISTS, AND EXAMINERS.— this section, the Corporation shall not transfer, taries, fiscal agents, and custodians. All such ‘‘(1) APPLICABILITY.—This section applies disburse, or pay compensation to any executive books, accounts, documents, records, reports, with respect to any position of examiner, ac- officer, or enter into an agreement with such ex- files, papers, and property of the Agency shall countant, specialist in financial markets, spe- ecutive officer, without the approval of the Di- remain in possession and custody of the Agency. cialist in technology, and economist at the rector, for matters being reviewed under section The Comptroller General may obtain and dupli- Agency, with respect to supervision and regula- 1318 of the Federal Housing Enterprises Finan- cate any such books, accounts, documents, tion of the regulated entities, that is in the com- cial Safety and Soundness Act of 1992 (12 U.S.C. records, working papers, automated data and petitive service. 4518).’’. ‘‘(2) APPOINTMENT AUTHORITY.—The Director files, or other information relevant to such audit (3) FEDERAL HOME LOAN BANKS.—Section 7 of may appoint candidates to any position de- without cost to the Comptroller General and the the Federal Home Loan Bank Act (12 U.S.C. scribed in paragraph (1)— Comptroller General’s right of access to such in- 1427) is amended by adding at the end the fol- ‘‘(A) in accordance with the statutes, rules, formation shall be enforceable pursuant to sec- lowing new subsection: and regulations governing appointments in the tion 716(c) of title 31, United States Code. ‘‘(l) WITHHOLDING OF COMPENSATION.—Not- excepted service; and ‘‘(2) REPORT.—The Comptroller General shall withstanding any other provision of this sec- ‘‘(B) notwithstanding any statutes, rules, and submit to the Congress a report of each annual tion, a Federal home loan bank shall not trans- regulations governing appointments in the com- audit conducted under this subsection. The refer, disburse, or pay compensation to any execu- petitive service.’’. port to the Congress shall set forth the scope of tive officer, or enter into an agreement with (c) REPEAL.—Section 20 of the Federal Home the audit and shall include the statement of as- such executive officer, without the approval of Loan Bank Act (12 U.S.C. 1440) is amended— sets and liabilities and surplus or deficit, the the Director, for matters being reviewed under (1) in the section heading, by striking ‘‘RE- statement of income and expenses, the statement section 1318 of the Federal Housing Enterprises PORTS’’ and inserting ‘‘GAO AUDITS’’; of sources and application of funds, and such Financial Safety and Soundness Act of 1992 (12 (2) in the third sentence, by striking ‘‘the U.S.C. 4518).’’. comments and information as may be deemed Board and’’ each place such term appears; and necessary to inform Congress of the financial (3) by striking the first two sentences and in- SEC. 109. REVIEWS OF REGULATED ENTITIES. operations and condition of the Agency, to- serting the following: ‘‘The Federal home loan Section 1319 of the Housing and Community gether with such recommendations with respect banks shall be subject to examinations by the Development Act of 1992 (12 U.S.C. 4519) is thereto as the Comptroller General may deem Director to the extent provided in section 1317 of amended— advisable. A copy of each report shall be fur- the Federal Housing Enterprises Financial Safe- (1) by striking the section designation and nished to the President and to the Agency at the ty and Soundness Act of 1992 (12 U.S.C. 4517).’’. heading and inserting the following: time submitted to the Congress. ‘‘SEC. 1319. REVIEWS OF REGULATED ENTITIES.’’; SEC. 108. PROHIBITION AND WITHHOLDING OF and ‘‘(3) ASSISTANCE AND COSTS.—For the purpose EXECUTIVE COMPENSATION. (2) by inserting after ‘‘any entity’’ the fol- of conducting an audit under this subsection, (a) IN GENERAL.—Section 1318 of the Housing the Comptroller General may, in the discretion and Community Development Act of 1992 (12 lowing: ‘‘that the Director considers appro- of the Comptroller General, employ by contract, U.S.C. 4518) is amended— priate, including an entity’’. without regard to section 5 of title 41, United (1) in the section heading, by striking ‘‘OF SEC. 110. REGULATIONS AND ORDERS. States Code, professional services of firms and EXCESSIVE’’ and inserting ‘‘AND WITH- Section 1319G of the Housing and Community organizations of certified public accountants for HOLDING OF EXECUTIVE’’; Development Act of 1992 (12 U.S.C. 4526) is temporary periods or for special purposes. Upon (2) by redesignating subsection (b) as sub- amended— the request of the Comptroller General, the Di- section (d); and (1) by striking subsection (a) and inserting the rector of the Agency shall transfer to the Gov- (3) by inserting after subsection (a) the fol- following new subsection: ernment Accountability Office from funds avail- lowing new subsections: ‘‘(a) AUTHORITY.—The Director shall issue able, the amount requested by the Comptroller ‘‘(b) FACTORS.—In making any determination any regulations, guidelines, and orders nec- General to cover the full costs of any audit and under subsection (a), the Director may take into essary to carry out the duties of the Director report conducted by the Comptroller General. consideration any factors the Director considers under this title and each of the authorizing The Comptroller General shall credit funds relevant, including any wrongdoing on the part statutes to ensure that the purposes of this title transferred to the account established for sala- of the executive officer, and such wrongdoing and such Acts are accomplished.’’; ries and expenses of the Government Account- shall include any fraudulent act or omission, (2) in subsection (b), by inserting ‘‘, this title, ability Office, and such amount shall be avail- breach of trust or fiduciary duty, violation of or any of the authorizing statutes’’ after ‘‘under able upon receipt and without fiscal year limita- law, rule, regulation, order, or written agree- this section’’; and tion to cover the full costs of the audit and re- ment, and insider abuse with respect to the reg- (3) by striking subsection (c). port.’’. ulated entity. The approval of an agreement or SEC. 111. RISK-BASED CAPITAL REQUIREMENTS. SEC. 107. EXAMINERS AND ACCOUNTANTS. contract pursuant to section 309(d)(3)(B) of the (a) IN GENERAL.—Section 1361 of the Housing (a) EXAMINATIONS.—Section 1317 of the Hous- Federal National Mortgage Association Charter and Community Development Act of 1992 (12 ing and Community Development Act of 1992 (12 Act (12 U.S.C. 1723a(d)(3)(B)) or section U.S.C. 4611) is amended to read as follows: U.S.C. 4517) is amended—— 303(h)(2) of the Federal Home Loan Mortgage ‘‘SEC. 1361. RISK-BASED CAPITAL LEVELS FOR (1) in subsection (a), by adding after the pe- Corporation Act (12 U.S.C. 1452(h)(2)) shall not REGULATED ENTITIES. riod at the end the following: ‘‘Each examina- preclude the Director from making any subse- ‘‘(a) IN GENERAL.— tion under this subsection of a regulated entity quent determination under subsection (a). ‘‘(1) ENTERPRISES.—The Director shall, by reg- shall include a review of the procedures required ‘‘(c) WITHHOLDING OF COMPENSATION.—In ulation, establish risk-based capital require- to be established and maintained by the regu- carrying out subsection (a), the Director may re- ments for the enterprises to ensure that the en- lated entity pursuant to section 1314(c) (relating quire a regulated entity to withhold any pay- terprises operate in a safe and sound manner, to fraudulent financial transactions) and the re- ment, transfer, or disbursement of compensation maintaining sufficient capital and reserves to port regarding each such examination shall de- to an executive officer, or to place such com- support the risks that arise in the operations scribe any problems with such procedures main- pensation in an escrow account, during the re- and management of the enterprises. tained by the regulated entity.’’; view of the reasonableness and comparability of ‘‘(2) FEDERAL HOME LOAN BANKS.—The Direc- (2) in subsection (b)— compensation.’’. tor shall establish risk-based capital standards

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00147 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23826 CONGRESSIONAL RECORD—HOUSE October 26, 2005

under section 6 of the Federal Home Loan Bank TICULAR PROGRAMS.—The Director may, at any tion 1323 (12 U.S.C. 4543) the following new sec- Act for the Federal home loan banks. time by order or regulation, establish such cap- tion: ‘‘(b) CONFIDENTIALITY OF INFORMATION.—Any ital or reserve requirements with respect to any ‘‘SEC. 1322A. CORPORATE GOVERNANCE OF EN- person that receives any book, record, or infor- program or activity of a regulated entity as the TERPRISES. mation from the Director or a regulated entity to Director considers appropriate to ensure that ‘‘(a) BOARD OF DIRECTORS.— enable the risk-based capital requirements estab- the regulated entity operates in a safe and ‘‘(1) INDEPENDENCE.—A majority of seated lished under this section to be applied shall— sound manner, with sufficient capital and remembers of the board of directors of each enter- ‘‘(1) maintain the confidentiality of the book, serves to support the risks that arise in the oper- prise shall be independent board members, as record, or information in a manner that is gen- ations and management of the regulated entity. defined under rules set forth by the New York erally consistent with the level of confidentiality ‘‘(f) PERIODIC REVIEW.—The Director shall pe- Stock Exchange, as such rules may be amended established for the material by the Director or riodically review the amount of core capital from time to time. the regulated entity; and maintained by the enterprises, the amount of ‘‘(2) FREQUENCY OF MEETINGS.—To carry out ‘‘(2) be exempt from section 552 of title 5, capital retained by the Federal home loan its obligations and duties under applicable laws, United States Code, with respect to the book, banks, and the minimum capital levels estab- rules, regulations, and guidelines, the board of record, or information. lished for such regulated entities pursuant to directors of an enterprise shall meet at least ‘‘(c) NO LIMITATION.—Nothing in this section this section. The Director may, by regulations eight times a year and not less than once a cal- shall limit the authority of the Director to reissued under section 1319G(b), adjust the min- endar quarter. quire other reports or undertakings, or take imum capital levels as necessary, based on the ‘‘(3) NON-MANAGEMENT BOARD MEMBER MEET- other action, in furtherance of the responsibil- Director’s review.’’. INGS.—The non-management directors of an en- ities of the Director under this Act.’’. (b) CRITICAL CAPITAL LEVELS.— terprise shall meet at regularly scheduled execu- (b) FEDERAL HOME LOAN BANKS RISK-BASED (1) IN GENERAL.—Section 1363 of the Housing tive sessions without management participation. CAPITAL.—Section 6(a)(3) of the Federal Home and Community Development Act of 1992 (12 ‘‘(4) QUORUM; PROHIBITION ON PROXIES.—For Loan Bank Act (12 U.S.C. 1426(a)(3)) is amend- U.S.C. 4613) is amended— the transaction of business, a quorum of the ed— (A) by striking ‘‘For’’ and inserting ‘‘(a) En- board of directors of an enterprise shall be at (1) by striking subparagraph (A) and inserting terprises.—For’’; and least a majority of the seated board of directors the following new subparagraph: (B) by adding at the end the following new and a board member may not vote by proxy. ‘‘(A) RISK-BASED CAPITAL STANDARDS.—The subsection: ‘‘(5) INFORMATION.—The management of an Director shall, by regulation, establish risk- ‘‘(b) FEDERAL HOME LOAN BANKS.— enterprise shall provide a board member of the based capital standards for the Federal home ‘‘(1) IN GENERAL.—For purposes of this sub- enterprise with such adequate and appropriate loan banks to ensure that the Federal home title, the critical capital level for each Federal information that a reasonable board member loan banks operate in a safe and sound manner, home loan bank shall be such amount of capital would find important to the fulfillment of his or with sufficient permanent capital and reserves as the Director shall, by regulation require. her fiduciary duties and obligations. to support the risks that arise in the operations ‘‘(2) CONSIDERATION OF OTHER CRITICAL CAP- ‘‘(6) ANNUAL REVIEW.—At least annually, the and management of the Federal home loans ITAL LEVELS.—In establishing the critical capital board of directors of each enterprise shall re- banks.’’; and level under paragraph (1) for the Federal home view, with appropriate professional assistance, (2) in subparagraph (B), by striking ‘‘(A)(ii)’’ loan banks, the Director shall take due consid- the requirements of laws, rules, regulations, and and inserting ‘‘(A)’’. eration of the critical capital level established guidelines that are applicable to its activities SEC. 112. MINIMUM AND CRITICAL CAPITAL LEV- under subsection (a) for the enterprises, with and duties. ELS. such modifications as the Director determines to ‘‘(b) COMMITTEES OF BOARDS OF DIRECTORS.— (a) MINIMUM CAPITAL LEVEL.—Section 1362 of be appropriate to reflect the difference in oper- ‘‘(1) FREQUENCY OF MEETINGS.—Any com- the Housing and Community Development Act ations between the banks and the enterprises.’’. mittee of the board of directors of an enterprise of 1992 (12 U.S.C. 4612) is amended— (2) REGULATIONS.—Not later than the expira- shall meet with sufficient frequency to carry out (1) in subsection (a), by striking ‘‘IN GEN- tion of the 180-day period beginning on the ef- its obligations and duties under applicable laws, ERAL’’ and inserting ‘‘ENTERPRISES’’ ; and fective date under section 185, the Director of rules, regulations, and guidelines. (2) by striking subsection (b) and inserting the the Federal Housing Finance Agency shall issue ‘‘(2) REQUIRED COMMITTEES.—Each enterprise following new subsections: regulations pursuant to section 1363(b) of the shall provide for the establishment, however ‘‘(b) FEDERAL HOME LOAN BANKS.—For pur- Housing and Community Development Act of styled, of the following committees of the board poses of this subtitle, the minimum capital level 1992 (as added by paragraph (1) of this sub- of directors: for each Federal home loan bank shall be the section) establishing the critical capital level ‘‘(A) Audit committee. minimum capital required to be maintained to under such section. comply with the leverage requirement for the ‘‘(B) Compensation committee. SEC. 113. REVIEW OF AND AUTHORITY OVER EN- ‘‘(C) Nominating/corporate governance com- bank established under section 6(a)(2) of the TERPRISE ASSETS AND LIABILITIES. Federal Home Loan Bank Act (12 U.S.C. mittee. Subtitle B of title XIII of the Housing and Such committees shall be in compliance with the 1426(a)(2)). Community Development Act of 1992 (12 U.S.C. ‘‘(c) ESTABLISHMENT OF REVISED MINIMUM charter, independence, composition, expertise, 4611 et seq.) is amended— duties, responsibilities, and other requirements CAPITAL LEVELS.—Notwithstanding subsections (1) by striking the subtitle designation and set forth under section 10A(m) of the Securities (a) and (b) and notwithstanding the capital heading and inserting the following: classifications of the regulated entities, the Di- Exchange Act of 1934 (15 U.S.C. 78j–1(m)), with ‘‘Subtitle B—Required Capital Levels for Reg- rector may, by regulations issued under section respect to the audit committee, and under rules ulated Entities, Special Enforcement Pow- 1319G(b), establish a minimum capital level for issued by the New York Stock Exchange, as ers, and Reviews of Assets and Liabilities’’; the enterprises, for the Federal home loan such rules may be amended from time to time. and banks, or for both the enterprises and the ‘‘(c) COMPENSATION.— banks, that is higher than the level specified in (2) by adding at the end the following new ‘‘(1) IN GENERAL.—The compensation of board subsection (a) for the enterprises or the level section: members, executive officers, and employees of an specified in subsection (b) for the Federal home ‘‘SEC. 1369E. REVIEWS OF ENTERPRISE ASSETS enterprise— loan banks, to the extent needed to ensure that AND LIABILITIES. ‘‘(A) shall not be in excess of that which is the regulated entities operate in a safe and ‘‘(a) IN GENERAL.—The Director shall con- reasonable and appropriate; sound manner. duct, on a periodic basis, a review of the on-bal- ‘‘(B) shall be commensurate with the duties ‘‘(d) AUTHORITY TO REQUIRE TEMPORARY IN- ance sheet and off-balance sheet assets and li- and responsibilities of such persons, CREASE.—Notwithstanding subsections (a) and abilities of each enterprise. ‘‘(C) shall be consistent with the long-term (b) and any minimum capital level established ‘‘(b) AUTHORITY TO REQUIRE DISPOSITION OR goals of the enterprise; pursuant to subsection (c), the Director may, by ACQUISITION.—Pursuant to such a review and ‘‘(D) shall not focus solely on earnings per- order, increase the minimum capital level for a notwithstanding the capital classifications of formance, but shall take into account risk man- regulated entity for such period as the Director the enterprises, the Director may by order re- agement, operational stability and legal and may provide if the Director— quire an enterprise, under such terms and con- regulatory compliance as well; and ‘‘(1) makes any of the determinations specified ditions as the Director determines to be appro- ‘‘(E) shall be undertaken in a manner that in subparagraphs (A) through (C) of section priate, to dispose of or acquire any asset or li- complies with applicable laws, rules, and regu- 1364(c)(1); or ability, if the Director determines that such ac- lations. ‘‘(2) determines that the regulated entity has tion is consistent with the safe and sound oper- ‘‘(2) REIMBURSEMENT.—If an enterprise is re- violated any of the prudential management and ation of the enterprise or with the purposes of quired to prepare an accounting restatement operations standards established pursuant to this Act or any of the authorizing statutes.’’. due to the material noncompliance of the enter- section 1313A and, as a result of such violation, SEC. 114. CORPORATE GOVERNANCE OF ENTER- prise, as a result of misconduct, with any finan- is operating in an unsafe and unsound manner. PRISES. cial reporting requirement under the securities ‘‘(e) AUTHORITY TO ESTABLISH ADDITIONAL The Housing and Community Development laws, the chief executive officer and chief finan- CAPITAL AND RESERVE REQUIREMENTS FOR PAR- Act of 1992 is amended by inserting before sec- cial officer of the enterprise shall reimburse the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00148 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23827

enterprise as provided under section 304 of the ‘‘(1) REQUIREMENT.—Each enterprise shall es- ‘‘SEC. 1322B. REQUIRED REGISTRATION UNDER Sarbanes-Oxley Act of 2002 (15 U.S.C. 7243). tablish and maintain a compliance program that SECURITIES EXCHANGE ACT OF 1934. This provision does not otherwise limit the au- is reasonably designed to assure that the enter- ‘‘(a) IN GENERAL.—Each regulated entity shall thority of the Agency to employ remedies avail- prise complies with applicable laws, rules, regu- register at least one class of the capital stock of able to it under its enforcement authorities. lations, and internal controls. such regulated entity, and maintain such reg- ‘‘(d) CODE OF CONDUCT AND ETHICS.— ‘‘(2) COMPLIANCE OFFICER.—The compliance istration with the Securities and Exchange Com- ‘‘(1) IN GENERAL.—An enterprise shall estab- program of an enterprise shall be headed by a mission, under the Securities Exchange Act of lish and administer a written code of conduct compliance officer, however styled, who reports 1934. and ethics that is reasonably designed to assure directly to the chief executive officer of the en- ‘‘(b) ENTERPRISES.—Each enterprise shall com- the ability of board members, executive officers, terprise. The compliance officer shall report reg- ply with sections 14 and 16 of the Securities Ex- and employees of the enterprise to discharge ularly to the board of directors or an appro- change Act of 1934.’’. their duties and responsibilities, on behalf of the priate committee of the board of directors on SEC. 116. FINANCIAL INSTITUTIONS EXAMINA- enterprise, in an objective and impartial man- compliance with and the adequacy of current TION COUNCIL. ner, and that includes standards required under compliance policies and procedures of the enter- The Federal Financial Institutions Examina- section 406 of the Sarbanes-Oxley Act of 2002 (15 prise, and shall recommend any adjustments to tion Council Act of 1978 is amended— (1) in section 1003 (12 U.S.C. 3302)— U.S.C. 7264) and other applicable laws, rules, such policies and procedures that the compli- (A) in paragraph (1), by inserting ‘‘Director of and regulations. ance officer considers necessary and appro- the Federal Housing Finance Agency,’’ after ‘‘(2) REVIEW.—Not less than once every three priate. ‘‘Supervision,’’; and years, an enterprise shall review the adequacy ‘‘(j) RISK MANAGEMENT PROGRAM.— (B) in paragraph (3), by striking ‘‘or a credit of its code of conduct and ethics for consistency ‘‘(1) REQUIREMENT.—Each enterprise shall es- union;’’ and inserting ‘‘a credit union, or a reg- with practices appropriate to the enterprise and tablish and maintain a risk management pro- ulated entity (as such term is defined in section make any appropriate revisions to such code. gram that is reasonably designed to manage the 1303 of the Housing and Community Develop- ‘‘(e) CONDUCT AND RESPONSIBILITIES OF risks of the operations of the enterprise. ment Act of 1992 (12 U.S.C. 4502)).’’; BOARD OF DIRECTORS.—The board of directors ‘‘(2) RISK MANAGEMENT OFFICER.—The risk (2) in section 1004 (12 U.S.C. 3303)— of an enterprise shall be responsible for direct- management program of an enterprise shall be (A) in paragraph (4), by inserting a semicolon ing the conduct and affairs of the enterprise in headed by a risk management officer, however at the end; furtherance of the safe and sound operation of styled, who reports directly to the chief execu- (B) by redesignating paragraph (5) as para- the enterprise and shall remain reasonably in- tive officer of the enterprise. The risk manage- graph (6); and formed of the condition, activities, and oper- ment officer shall report regularly to the board (C) by inserting after paragraph (4) the fol- ations of the enterprise. The responsibilities of of directors or an appropriate committee of the lowing new paragraph: the board of directors shall include having in board of directors on compliance with and the ‘‘(5) the Director of the Federal Housing Fi- place adequate policies and procedures to assure adequacy of current risk management policies nance Agency; and’’; and its oversight of, among other matters, the fol- and procedures of the enterprise, and shall rec- (3) in section 1006(d) (12 U.S.C. 3305(d)), by lowing: ommend any adjustments to such policies and striking ‘‘and employees of the Federal Housing ‘‘(1) Corporate strategy, major plans of action, procedures that the risk management officer Finance Board’’. risk policy, programs for legal and regulatory considers necessary and appropriate. SEC. 117. GUARANTEE FEE STUDY. compliance and corporate performance, includ- ‘‘(k) COMPLIANCE WITH OTHER LAWS.— (a) IN GENERAL.—The Comptroller General of ing prudent plans for growth and allocation of ‘‘(1) DEREGISTERED OR UNREGISTERED COMMON the United States, in consultation with the adequate resources to manage operations risk. STOCK.—If an enterprise deregisters or has not heads of the federal banking agencies and the ‘‘(2) Hiring and retention of qualified execu- registered its common stock with the Securities Director of the Office of Federal Housing Enter- tive officers and succession planning for such and Exchange Commission under the Securities prise Oversight of the Department of Housing executive officers. Exchange Act of 1934, the enterprise shall com- and Urban Development, shall, not later than ‘‘(3) Compensation programs of the enterprise. ply or continue to comply with sections 10A(m) one year after the date of the enactment of this ‘‘(4) Integrity of accounting and financial re- and 13(k) of the Securities Exchange Act of 1934 Act, submit to the Congress a study concerning porting systems of the enterprise, including (15 U.S.C. 78j-1(m), 78m(k)) and sections 302, the pricing, transparency and reporting of the independent audits and systems of internal con- 304, and 406 of the Sarbanes-Oxley Act of 2002 Federal National Mortgage Association, the trol. (15 U.S.C. 7241, 7243, 7264), subject to such re- Federal Home Loan Mortgage Corporation, and ‘‘(5) Process and adequacy of reporting, dis- quirements as provided by subsection (l) of this the Federal home loan banks with regard to closures, and communications to shareholders, section. guarantee fees and concerning analogous prac- investors, and potential investors. ‘‘(2) REGISTERED COMMON STOCK.—An enter- tices, transparency and reporting requirements ‘‘(6) Extensions of credit to board members prise that has its common stock registered with (including advances pricing practices by the and executive officers. the Securities and Exchange Commission shall Federal Home Loan Banks) of other partici- ‘‘(7) Responsiveness of executive officers in maintain such registered status, unless it pro- pants in the business of mortgage purchases and providing accurate and timely reports to Federal vides 60 days prior written notice to the Director securitization. regulators and in addressing the supervisory stating its intent to deregister and its under- (b) FACTORS.—The study required by this sec- concerns of Federal regulators in a timely and standing that it will remain subject to the re- tion shall examine various factors such as credit appropriate manner. quirements of the sections of the Securities Ex- risk, counterparty risk considerations, economic ‘‘(f) PROHIBITION OF EXTENSIONS OF CREDIT.— change Act of 1934 and the Sarbanes-Oxley Act value considerations, and volume considerations An enterprise may not directly or indirectly, in- of 2002, subject to such requirements as provided used by the regulated entities (as such term is cluding through any subsidiary, extend or by subsection (l) of this section. defined in section 1303 of the Housing and Com- maintain credit, arrange for the extension of ‘‘(l) OTHER MATTERS.—The Director may from munity Development Act of 1992) included in the credit, or renew an extension of credit, in the time to time establish standards, by regulation, study in setting the amount of fees they charge. form of a personal loan to or for any board order, or guideline, regarding such other cor- (c) CONTENTS OF REPORT.—The report remember or executive officer of the enterprise, as porate governance matters of the enterprises as quired under subsection (a) shall identify and provided by section 13(k) of the Securities Ex- the Director considers appropriate. analyze— (1) the factors used by each enterprise (as change Act of 1934 (15 U.S.C. 78m(k)). ‘‘(m) MODIFICATION OF STANDARDS.—In con- such term is defined in section 1303 of the Hous- ‘‘(g) CERTIFICATION OF DISCLOSURES.—The nection with standards of Federal or State law ing and Community Development Act of 1992) in chief executive officer and the chief financial (including the Revised Model Corporation Act) determining the amount of the guarantee fees it officer of an enterprise shall review each quar- or New York Stock Exchange rules that are charges; terly report and annual report issued by the en- made applicable to an enterprise by section (2) the total revenue the enterprises earn from terprise and such reports shall include certifi- 1710.10 of the Director’s rules (12 C.F.R. 1710.10) guarantee fees; and by subsections (a), (b), (g), (i), (j), and (k) cations by such officers as required by section (3) the total costs incurred by the enterprises of this section, the Director, in the Director’s 302 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. for providing guarantees; 7241). sole discretion, may modify the standards con- (4) the average guarantee fee charged by the ‘‘(h) CHANGE OF AUDIT PARTNER.—An enter- tained in this section or in part 1710 of the Di- enterprises; prise may not accept audit services from an ex- rector’s rules (12 U.S.C. Part 1710) in accordance (5) an analysis of how and why the guarantee ternal auditing firm if the lead or coordinating with section 553 of title 5, United States Code, fees charged differ from such fees charged dur- audit partner who has primary responsibility for and upon written notice to the enterprise.’’. ing the previous year; the external audit of the enterprise, or the exter- SEC. 115. REQUIRED REGISTRATION UNDER SE- (6) a breakdown of the revenue and costs as- nal audit partner who has responsibility for re- CURITIES EXCHANGE ACT OF 1934. sociated with providing guarantees, based on viewing the external audit has performed audit The Housing and Community Development product type and risk classifications; and services for the enterprise in each of the five Act of 1992 is amended by adding after section (7) other relevant information on guarantee previous fiscal years. 1322A, as added by the preceding provisions of fees with other participants in the mortgage and ‘‘(i) COMPLIANCE PROGRAM.— this Act, the following new section: securitization business.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00149 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23828 CONGRESSIONAL RECORD—HOUSE October 26, 2005

(d) PROTECTION OF INFORMATION.—Nothing in (C) in subsection (n), by striking ‘‘Secretary’’ cation for the new program in a format as pre- this section may be construed to require or au- each place such term appears and inserting ‘‘Di- scribed by the Director. thorize the Government Accounting Office, in rector of the Federal Housing Finance Agency’’. ‘‘(3) NOTICE.—Immediately upon receipt of a connection with the study mandated by this sec- (c) AMENDMENTS TO FREDDIE MAC ACT.—The complete application for a new program, the Di- tion, to disclose information of the enterprises or Federal Home Loan Mortgage Corporation Act rector shall cause to be published in the Federal other organization that is confidential or pro- is amended— Register notice of the receipt of such application prietary. (1) by striking ‘‘Director of the Office of Fed- and of the period for public comment pursuant SEC. 118. CONFORMING AMENDMENTS. eral Housing Enterprise Oversight of the De- to paragraph (4) regarding such new program, (a) 1992 Act.—Part 1 of subtitle A of title XIII partment of Housing and Urban Development’’ and a description of the new program proposed of the Housing and Community Development each place such term appears, and inserting by the application. Act of 1992 (12 U.S.C. 4511 et seq.), as amended ‘‘Director of the Federal Housing Finance Agen- ‘‘(4) PUBLIC COMMENT PERIOD.—During the by the preceding provisions of this Act, is fur- cy’’, in— 30-day period beginning upon publication pur- ther amended— (A) section 303(b)(2) (12 U.S.C. 1452(b)(2)); suant to paragraph (3) of a notice regarding (1) by striking ‘‘an enterprise’’ each place (B) section 303(h)(2) (12 U.S.C. 1452(h)(2)); such an application, the Director shall receive such term appears in such part (except in sec- and public comments regarding the new program. tions 1313(a)(2)(A), 1313A(b)(2)(B)(ii)(I), and (C) section 307(c)(1) (12 U.S.C. 1456(c)(1)); ‘‘(5) DETERMINATION.—Not less than 15 days 1316(b)(3)) and inserting ‘‘a regulated entity’’; (2) in sections 303(h)(1) and 307(f)(1) (12 after the conclusion of the public comment pe- (2) by striking ‘‘the enterprise’’ each place U.S.C. 1452(h)(1), 1456(f)(1)), by striking ‘‘Bank- riod pursuant to paragraph (4) regarding an ap- such term appears in such part (except in sec- ing, Finance and Urban Affairs’’ each place plication but not more than 30 days after the tion 1316(b)(3)) and inserting ‘‘the regulated en- such term appears and inserting ‘‘Financial conclusion of such comment period, the Director tity’’; Services’’; shall approve, conditionally approve, or reject (3) in section 306(i) (12 U.S.C. 1455(i))— (3) by striking ‘‘the enterprises’’ each place such program, in writing. such term appears in such part (except in sec- (A) by striking ‘‘1316(c)’’ and inserting ‘‘(6) STANDARD FOR APPROVAL.—The Director tions 1312(c)(2), 1312(e)(2), and 1319B(a)(4)(D)) ‘‘306(c)’’; and (B) by striking ‘‘section 106’’ and inserting may approve, or conditionally approve, a new and inserting ‘‘the regulated entities’’; program of an enterprise only if the Director de- (4) by striking ‘‘each enterprise’’ each place ‘‘section 1316’’; and termines, taking into consideration any relevant such term appears in such part and inserting (4) in section 307 (12 U.S.C. 1456))— information and comments received during the ‘‘each regulated entity’’; (A) in subsection (e)— (5) by striking ‘‘Office’’ each place such term (i) in paragraph (1), by striking ‘‘Secretary’’ public comment period, that such new pro- appears in such part (except in sections the second place such term appears and insert- gram— 1312(b)(5), 1315(b), and 1316(g), and section ing ‘‘Director’’; ‘‘(A) does not contravene and is not incon- 1317(c)) and inserting ‘‘Agency’’; (ii) in paragraph (2), by striking ‘‘Secretary’’ sistent with the purposes of this title, the Fed- (6) in section 1315 (12 U.S.C. 4515)— the second place such term appears and insert- eral National Mortgage Association Charter Act, (A) in subsection (a)— ing ‘‘Director’’; and or the Federal Home Loan Mortgage Corpora- (i) in the subsection heading, by striking ‘‘Of- (iii) by striking ‘‘Secretary’’ each other place tion Act, as such purposes are determined tak- fice Personnel’’ and inserting ‘‘In General’’; and such term appears and inserting ‘‘Director of ing into consideration the definitions of the (ii) by striking ‘‘The’’ and inserting ‘‘Subject the Federal Housing Finance Agency’’; and terms ‘mortgage loan origination’ and ‘sec- to titles III and IV of the Federal Housing Fi- (B) in subsection (f), by striking ‘‘Secretary’’ ondary mortgage market’ pursuant to section nance Reform Act of 2005, the’’; each place such term appears and inserting ‘‘Di- 1303; (B) by striking subsections (d) and (f); and rector of the Federal Housing Finance Agency’’. ‘‘(B) is not otherwise inconsistent with the (C) by redesignating subsection (e) as sub- Subtitle B—Improvement of Mission safety and soundness of the enterprise; and section (d); Supervision ‘‘(C) is in the public interest. (7) in section 1319A (12 U.S.C. 4520)— ‘‘(7) LIMITATION.—The Director, in imple- SEC. 121. TRANSFER OF PROGRAM AND ACTIVI- (A) by striking ‘‘(a) In General.—Each enter- menting this subsection, may not prevent an en- prise’’ and inserting ‘‘Each regulated entity’’; TIES APPROVAL AND HOUSING GOAL OVERSIGHT. terprise from continuing to offer the automated and loan underwriting system in existence on the (B) by striking subsection (b); Part 2 of subtitle A of title XIII of the Hous- date of the enactment of the Federal Housing (8) in section 1319B (12 U.S.C. 4521), by striking and Community Development Act of 1992 (12 Finance Reform Act of 2005 or continuing to ening ‘‘Committee on Banking, Finance and U.S.C. 4541 et seq.) is amended— gage in counseling and education activities. Urban Affairs’’ each place such term appears (1) by striking the designation and heading and inserting ‘‘Committee on Financial Serv- for the part and inserting the following: ‘‘(c) NEW BUSINESS ACTIVITIES.— ‘‘(1) AUTHORITY OF DIRECTOR TO PROHIBIT ices’’; and ‘‘PART 2—PROGRAM AND ACTIVITIES AP- NEW BUSINESS ACTIVITIES.—The Director shall (9) in section 1319F (12 U.S.C. 4525), striking PROVAL BY DIRECTOR, CORPORATE have authority to prohibit any new business ac- all that follows ‘‘United States Code’’ and in- GOVERNANCE, AND ESTABLISHMENT OF tivity by an enterprise if the Director deter- serting ‘‘, the Agency shall be considered an HOUSING GOALS’’; and mines, in writing, that such activity— agency responsible for the regulation or super- (2) by striking sections 1321 and 1322. vision of financial institutions.’’. ‘‘(A) contravenes or is inconsistent with the SEC. 122. REVIEW BY DIRECTOR OF NEW PRO- (b) AMENDMENTS TO FANNIE MAE CHARTER purposes of this title, the Federal National GRAMS AND ACTIVITIES OF ENTER- Mortgage Association Charter Act, or the Fed- ACT.—The Federal National Mortgage Associa- PRISES. eral Home Loan Mortgage Corporation Act; tion Charter Act (12 U.S.C. 1716 et seq.) is (a) IN GENERAL.—Part 2 of subtitle A of title ‘‘(B) is otherwise inconsistent with the safety amended— XIII of the Housing and Community Develop- (1) by striking ‘‘Director of the Office of Fed- and soundness of the enterprise; or ment Act of 1992 is amended by inserting before eral Housing Enterprise Oversight of the De- section 1323 (12 U.S.C. 4543) the following new ‘‘(C) is not in the public interest. partment of Housing and Urban Development’’ section: ‘‘(2) NOTIFICATION OF NEW BUSINESS ACTIVI- each place such term appears, and inserting TIES.—An enterprise that undertakes any new ‘‘Director of the Federal Housing Finance Agen- ‘‘SEC. 1321. REVIEW AND APPROVAL BY DIRECTOR OF NEW PROGRAMS AND BUSINESS business activity shall provide written notice of cy’’, in— ACTIVITIES OF ENTERPRISES. the activity to the Director and may commence (A) section 303(c)(2) (12 U.S.C. 1718(c)(2)); ‘‘(a) LIMITATION ON AUTHORITY TO UNDER- the new business activity only in accordance (B) section 309(d)(3)(B) (12 U.S.C. TAKE PROGRAMS AND ACTIVITIES.—An enterprise with paragraph (4). 1723a(d)(3)(B)); and may not undertake any new program, including ‘‘(3) DIRECTOR DETERMINATION OF APPLICABLE (C) section 309(k)(1); and PROCEDURE.— (2) in section 309— a pilot program, or any new business activity ‘‘(A) TIMING.—Immediately upon receipt of (A) in subsections (d)(3)(A) and (n)(1), by except in accordance with the procedures set any notice under paragraph (2) regarding a new striking ‘‘Banking, Finance and Urban Affairs’’ forth in this section and orders and regulations business activity, the Director shall undertake a each place such term appears and inserting ‘‘Fi- issued under this section. determination under subparagraph (B) of this nancial Services’’; and ‘‘(b) NEW PROGRAMS.— (B) in subsection (m)— ‘‘(1) PRIOR APPROVAL REQUIREMENT.—An en- paragraph regarding the new business activity. (i) in paragraph (1), by striking ‘‘Secretary’’ terprise may not commence any new program ‘‘(B) DETERMINATION AND TREATMENT AS NEW the second place such term appears and insert- before it has obtained the approval of the Direc- PROGRAM.—If the Director determines that any ing ‘‘Director’’; tor, pursuant to this subsection, for the new new business activity consists of, relates to, or (ii) in paragraph (2), by striking ‘‘Secretary’’ program. involves any new program— the second place such term appears and insert- ‘‘(2) APPLICATION.—The Director shall, by ‘‘(i) the Director shall notify the enterprise of ing ‘‘Director’’; and order or regulation, require that an enterprise the determination; (iii) by striking ‘‘Secretary’’ each other place shall, to obtain a determination by the Director ‘‘(ii) the new business activity described in the such term appears and inserting ‘‘Director of regarding approval of a new program by the en- notice shall be considered a new program for the Federal Housing Finance Agency’’; and terprise, submit to the Director a written appli- purposes of this section; and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00150 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23829 ‘‘(iii) the Director shall prohibit the enterprise (1) by redesignating paragraphs (17) through justed) a percentage thereof equal to the per- from carrying out the activity except to the ex- (23) as paragraphs (20) through (26), respec- centage increase or decrease, during the most re- tent that approval for the activity is obtained tively; cent 12-month or fourth-quarter period ending pursuant to subsection (b). (2) by inserting after paragraph (16) the fol- before the time of determining such annual ad- ‘‘(4) COMMENCEMENT.—An enterprise may lowing new paragraph: justment, in the housing price index maintained commence a new business activity— ‘‘(19) NEW BUSINESS ACTIVITY.—The term ‘new by the Director of the Federal Housing Finance ‘‘(A) if the Director issues a written approval business activity’ means, with respect to an en- Agency (pursuant to section 1322 of the Housing regarding such new business activity, imme- terprise, a business activity that— and Community Development Act of 1992 (12 diately upon such issuance or at such other time ‘‘(A) is materially changed or materially dif- U.S.C. 4541)).’’. as provided by the Director in such letter; or ferent from any of the business activities that (2) HIGH-COST AREA LIMIT.—Section 302(b)(2) ‘‘(B) if, during the 30-day period beginning the enterprise was engaging in on the effective of the Federal National Mortgage Association upon receipt by the Director of notice pursuant date under section 185 of the Federal Housing Charter Act is (12 U.S.C. 1717(b)(2)) is amended to paragraph (2) regarding a new business activ- Finance Reform Act of 2005; and by adding after the period at the end the fol- ity, the Director has not issued to the enterprise ‘‘(B) the enterprise has not previously ob- lowing: ‘‘Such foregoing limitations shall also be a written approval or denial of the new business tained authorization, pursuant to the provisions increased with respect to properties of a par- activity, upon the expiration of such 30-day pe- of section 1321(c), to offer, undertake, transact, ticular size located in any area for which the riod. conduct, or engage in.’’; median price for such size residence exceeds the ‘‘(d) APPROVAL AND CONDITIONAL AP- (3) by redesignating paragraphs (15) and (16) foregoing limitation for such size residence, to PROVAL.—The Director may at any time condi- as paragraphs (17) and (18), respectively; the lesser of 150 percent of such foregoing limi- tionally approve the undertaking of a particular (4) by inserting after paragraph (14) the fol- tation for such size residence or the amount that new program or new business activity by an en- lowing new paragraph: is equal to the median price in such area for terprise and set forth the terms and conditions ‘‘(16) MORTGAGE MARKETS.—The terms ‘mort- such size residence, except that, subject to the that apply to the program or activity with gage loan origination’ and ‘secondary mortgage order, if any, issued by the Director of the Fed- which the enterprise shall comply if it under- market’ shall have such meanings as the Direc- eral Housing Finance Agency pursuant to sec- takes the new program or activity. Such ap- tor shall, by regulation, prescribe consistent tion 123(d)(3) of the Federal Housing Finance proval may, in the discretion of the Director, be with the Federal National Mortgage Association Reform Act of 2005, such increase shall apply in the form of a written agreement between the Charter Act and the Federal Home Loan Mort- only with respect to mortgages on which are enterprise and the Director and shall be subject gage Corporation Act. The Director shall issue based securities issued and sold by the corpora- to such terms and conditions therein. Such a such regulations not later than the expiration of tion.’’ written agreement or conditional approval shall the 12-month period beginning on the effective (b) FREDDIE MAC.— be enforceable under subtitle C. date under section 185 of the Federal Housing ‘‘(e) DETERMINATION AND TREATMENT OF AC- Finance Reform Act of 2005, and the Director (1) GENERAL LIMIT.— Section 305(a)(2) of the TIVITY AS NEW BUSINESS ACTIVITY.—If the Di- shall review such regulations on a periodic Federal Home Loan Mortgage Corporation Act rector determines that any activity of an enter- basis.’’; (12 U.S.C. 1454(a)(2)) is amended by striking the prise consists of, relates to, or involves any new (5) by redesignating paragraphs (5) through 6th and 7th sentences and inserting the fol- business activity— (14) as paragraphs (6) through (15), respectively; lowing new sentences: ‘‘Such limitations shall ‘‘(1) the Director shall notify the enterprise of and not exceed $359,650 for a mortgage secured by a the determination; (6) by inserting after paragraph (4) the fol- single-family residence, $460,400 for a mortgage ‘‘(2) such activity shall be considered a new lowing new paragraph: secured by a 2-family residence, $556,500 for a business activity for purposes of this section; ‘‘(5) BUSINESS ACTIVITY.—The term ‘business mortgage secured by a 3-family residence, and and activity’ means, with respect to an enterprise, $691,600 for a mortgage secured by a 4-family ‘‘(3) the Director shall prohibit the enterprise any offering, undertaking, transacting, con- residence, except that such maximum limitations from carrying out the activity except to the ex- ducting, or engaging in any conduct, activity, shall be adjusted effective January 1 of each tent that approval for the activity is obtained or product by the enterprise, as the Director year beginning after the effective date under pursuant to subsection (c). shall provide.’’. section 185 of the Federal Housing Finance Re- ‘‘(f) EFFECT ON OTHER AUTHORITIES.— (c) CONFORMING AMENDMENTS.— form Act of 2005, subject to the limitations in ‘‘(1) EXAMINATIONS.—Nothing in this section (1) FANNIE MAE.—Section 302(b)(6) of the Fed- this paragraph. Each adjustment shall be made may be construed to limit, in any manner, any eral National Mortgage Association Charter Act by adding to or subtracting from each such other authority or right the Director may have (12 U.S.C. 1717(b)(6)) is amended— amount (as it may have been previously ad- under other provisions of law to conduct an ex- (A) by striking ‘‘new program (as such term justed) a percentage thereof equal to the per- amination of an enterprise. is’’ and inserting ‘‘new program or new business centage increase or decrease, during the most re- ‘‘(2) REQUESTS FOR INFORMATION.—Nothing in activity (as such terms are’’; and cent 12-month or fourth-quarter period ending this section may be construed to limit the right (B) by striking ‘‘before obtaining the approval before the time of determining such annual ad- of the Director at any time to request additional of the Secretary under section 1322’’ and insert- justment, in the housing price index maintained information from an enterprise concerning any ing ‘‘except in accordance with section 1321’’. by the Director of the Federal Housing Finance business activity. (2) FREDDIE MAC.—Section 305(c) of the Fed- Agency (pursuant to section 1322 of the Housing ‘‘(3) NO IMPLIED RIGHT OF ACTION.—This sec- eral Home Loan Mortgage Corporation Act (12 and Community Development Act of 1992 (12 tion shall not create any private right of action U.S.C. 4541)).’’. against an enterprise or any director or execu- U.S.C. 1454(c)) is amended— (A) by striking ‘‘new program (as such term (2) HIGH-COST AREA LIMIT.—Section 305(a)(2) tive officer of an enterprise, or impair any pri- is’’ and inserting ‘‘new program or new business of the Federal Home Loan Mortgage Corpora- vate right of action under other applicable law. activity (as such terms are’’; and tion Act is amended by adding after the period ‘‘(4) NO LIMITATION.—Nothing in this section may be construed to restrict the general super- (B) by striking ‘‘before obtaining the approval at the end the following: ‘‘Such foregoing limi- visory and regulatory authority of the Director of the Secretary under section 1322’’ and insert- tations shall also be increased with respect to over all programs, products, activities, or busi- ing ‘‘except in accordance with section 1321’’. properties of a particular size located in any ness operations of any kind. SEC. 123. CONFORMING LOAN LIMITS. area for which the median price for such size ‘‘(g) REPORT ON PROGRAMS AND BUSINESS AC- (a) FANNIE MAE.— residence exceeds the foregoing limitation for TIVITIES.—Not later than the expiration of the (1) GENERAL LIMIT.—Section 302(b)(2) of the such size residence, to the lesser of 150 percent 180-day period beginning on the effective date Federal National Mortgage Association Charter of such foregoing limitation for such size resi- under section 185 of the Federal Housing Fi- Act (12 U.S.C. 1717(b)(2)) is amended by striking dence or the amount that is equal to the median nance Reform Act of 2005, each enterprise shall the 7th and 8th sentences and inserting the fol- price in such area for such size residence, except submit to the Director a report identifying and lowing new sentences: ‘‘Such limitations shall that, subject to the order, if any, issued by the describing each program and business activity of not exceed $359,650 for a mortgage secured by a Director of the Federal Housing Finance Agency the enterprise engaged in or existing as of the single-family residence, $460,400 for a mortgage pursuant to section 123(d)(3) of the Federal submission of the report. secured by a 2-family residence, $556,500 for a Housing Finance Reform Act of 2005, such in- ‘‘(h) REGULATIONS.—The Director shall by mortgage secured by a 3-family residence, and crease shall apply only with respect to mort- order or regulation issue rules and procedures to $691,600 for a mortgage secured by a 4-family gages on which are based securities issued and implement this section, including in the discre- residence, except that such maximum limitations sold by the Corporation.’’ tion of the Director, such definitions, interpreta- shall be adjusted effective January 1 of each (c) HOUSING PRICE INDEX.—Subpart A of part tions, forms, and other guidances as the Direc- year beginning after the effective date under 2 of subtitle A of title XIII of the Housing and tor considers appropriate.’’. section 185 of the Federal Housing Finance Re- Community Development Act of 1992 (as amend- (b) DEFINITIONS.—Section 1303 of the Housing form Act of 2005, subject to the limitations in ed by the preceding provisions of this Act) is and Community Development Act of 1992 (12 this paragraph. Each adjustment shall be made amended by inserting after section 1321 (as U.S.C. 4502), as amended by section 2 of this by adding to or subtracting from each such added by section 122 of this Act) the following Act, is further amended— amount (as it may have been previously ad- new section:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00151 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23830 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘SEC. 1322. HOUSING PRICE INDEX. section, of whether the restriction of conforming ‘‘(b) CONTENTS.—The report shall— ‘‘(a) IN GENERAL.—The Director shall estab- loan limits for high-cost areas only to mortgages ‘‘(1) discuss the extent to which— lish and maintain a method of assessing the na- on which are based securities issued and sold by ‘‘(A) each enterprise is achieving the annual tional average 1-family house price for use for the Federal National Mortgage Association and housing goals established under subpart B of adjusting the conforming loan limitations of the the Federal Home Loan Mortgage Corporation this part; enterprises. In establishing such method, the Di- (as provided in the amendments made by sub- ‘‘(B) each enterprise is complying with section rector shall take into consideration the monthly sections (a)(2) and (b)(2) of this section) will re- 1337; survey of all major lenders conducted by the sult in an increase in the cost to borrowers for ‘‘(C) each Federal home loan bank is com- Federal Housing Finance Agency to determine mortgages on housing in such high-cost areas. plying with section 10(j) of the Federal Home the national average 1-family house price, the (B) ORDER.— If such determination is that Loan Bank Act; and ‘‘(D) each regulated entity is achieving the House Price Index maintained by the Office of costs to borrowers on housing in such high-cost purposes of the regulated entity established by Federal Housing Enterprise Oversight of the De- areas will be increased by such restrictions, the law; partment of Housing and Urban Development Director may issue an order terminating such re- ‘‘(2) aggregate and analyze relevant data on before the effective date under section 185 of the strictions, in whole or in part. income to assess the compliance by each enter- Federal Housing Finance Reform Act of 2005, (4) PUBLICATION.— Not later than the expira- prise with the housing goals established under any appropriate house price indexes of the Bu- tion of the six-month period specified in para- subpart B; graph (1), the Director of the Federal Housing reau of the Census of the Department of Com- ‘‘(3) aggregate and analyze data on income, Finance Agency shall cause to be published in merce, and any other indexes or measures that race, and gender by census tract and other rel- the Federal Register— the Director considers appropriate. evant classifications, and compare such data (A) a report that— ‘‘(b) GAO AUDIT.— with larger demographic, housing, and economic (i) describes the study under this subsection; ‘‘(1) IN GENERAL.—At such times as are re- trends; quired under paragraph (2), the Comptroller and ‘‘(4) examine actions that— General of the United States shall conduct an (ii) sets forth the conclusions of the study re- ‘‘(A) each enterprise has undertaken or could audit of the methodology established by the Di- garding the issues to be determined under para- undertake to promote and expand the annual rector under subsection (a) to determine whether graph (2); and goals established under subpart B and the pur- the methodology established is an accurate and (B) notice of the determination of the Director poses of the enterprise established by law; and appropriate means of measuring changes to the under paragraph (3); and ‘‘(B) each Federal home loan bank has taken national average 1-family house price. (C) the order of the Director under paragraph or could undertake to promote and expand the ‘‘(2) TIMING.—An audit referred to in para- (3). community investment program and affordable graph (1) shall be conducted and completed not (5) DEFINITION.—For purposes of this sub- housing program of the bank established under later than the expiration of the 180-day period section, the term ‘‘conforming loan limits for section subsections (i) and (j) of section 10 of the that begins upon each of the following dates: high-cost areas’’ means the dollar amount limi- Federal Home Loan Bank Act; ‘‘(A) ESTABLISHMENT.—The date upon which tations applicable under the section 302(b)(2) of ‘‘(5) examine the primary and secondary mul- such methodology is initially established under the Federal National Mortgage Association tifamily housing mortgage markets and de- subsection (a) in final form by the Director. Charter Act and section 305(a)(2) of the Federal scribe— ‘‘(B) MODIFICATION OR AMENDMENT.—Each Home Loan Mortgage Corporation Act (as ‘‘(A) the availability and liquidity of mortgage date upon which any modification or amend- amended by subsections (a) and (b) of this sec- credit; ment to such methodology is adopted in final tion) for areas described in the last sentence of ‘‘(B) the status of efforts to provide standard form by the Director. such sections (as so amended). credit terms and underwriting guidelines for ‘‘(3) REPORT.—Within 30 days of the comple- (e) REGULAR ADJUSTMENT OF CONFORMING multifamily housing and to securitize such mort- tion of any audit conducted under this sub- LOAN LIMITS.— gage products; and section, the Comptroller General shall submit a (1) ADJUSTMENT FOR YEAR INTERVENING BE- ‘‘(C) any factors inhibiting such standardiza- report detailing the results and conclusions of FORE EFFECTIVE DATE.—Notwithstanding section tion and securitization; the audit to the Director, the Committee on Fi- 302(b)(2) of the Federal National Mortgage Asso- ‘‘(6) examine actions each regulated entity nancial Services of the House of Representa- ciation Charter Act and section 305(a)(2) of the has undertaken and could undertake to promote tives, and the Committee on Banking, Housing, Federal Home Loan Mortgage Corporation Act, and expand opportunities for first-time home- and Urban Affairs of the Senate.’’. as amended by this section, the maximum dollar buyers; ‘‘(7) describe any actions taken under section (d) CONDITIONS ON CONFORMING LOAN LIMIT amount limitations in such sections shall be ad- 1325(5) with respect to originators found to vio- FOR HIGH-COST AREAS.— justed on the effective date under section 185 of late fair lending procedures; (1) STUDY.—The Director of the Federal Hous- this Act, and the limitations as so adjusted shall ‘‘(8) discuss and analyze existing conditions ing Finance Agency shall conduct a study be immediately effective, so that the limitations and trends, including conditions and trends re- under this subsection during the six-month pe- under such sections applicable to the year in lating to pricing, in the housing markets and riod beginning on the effective date under sec- which such effective date occurs are equal to mortgage markets; and tion 185 of this Act. the limitations in effect under such sections im- ‘‘(9) identify the extent to which each enter- (2) ISSUES.—The study under this subsection mediately before such effective date. prise is involved in mortgage purchases and sec- shall determine— (2) FURTHER ADJUSTMENTS.—After such effec- ondary market activities involving subprime (A) the effect that restricting the conforming tive date, the dollar amount limitations as ad- loans (as identified in accordance with the regu- loan limits for high-cost areas only to mortgages justed pursuant to paragraph (1) shall be con- lations issued pursuant to section 124(b) of the on which are based securities issued and sold by sidered ‘‘such amount (as it may have been pre- Federal Housing Finance Reform Act of 2005) the Federal National Mortgage Association and viously adjusted’’ for purposes of section and compare the characteristics of subprime the Federal Home Loan Mortgage Corporation 302(b)(2) of the Federal National Mortgage Asso- loans purchased and securitized by the enter- (as provided in the last sentence of section ciation Charter Act and section 305(a)(2) of the prises to other loans purchased and securitized 302(b)(2) of the Federal National Mortgage Asso- Federal Home Loan Mortgage Corporation Act. by the enterprises SEC. 124. ANNUAL HOUSING REPORT REGARDING ciation Charter Act and the last sentence of sec- ‘‘(c) DATA COLLECTION AND REPORTING.— REGULATED ENTITIES. tion 305(a)(2) of the Federal Home Loan Mort- ‘‘(1) IN GENERAL.—To assist the Director in gage Corporation Act, pursuant to the amend- (a) IN GENERAL.—The Housing and Commu- analyzing the matters described in subsection ments made by subsections (a)(2) and (b)(2) of nity Development Act of 1992 is amended by (b) and establishing the methodology described this section) would have on the cost to bor- striking section 1324 (12 U.S.C. 4544) and insert- in section 1322, the Director shall conduct, on a rowers for mortgages on housing in such high- ing the following new section: monthly basis, a survey of mortgage markets in cost areas; ‘‘SEC. 1324. ANNUAL HOUSING REPORT REGARD- accordance with this subsection. (B) the effects that such restrictions would ING REGULATED ENTITIES. ‘‘(2) DATA POINTS.—Each monthly survey con- have on the availability of mortgages for hous- ‘‘(a) IN GENERAL.—After reviewing and ana- ducted by the Director under paragraph (1) ing in such high-cost areas; and lyzing the reports submitted under section 309(n) shall collect data on— (C) the extent to which the Federal National of the Federal National Mortgage Association ‘‘(A) the characteristics of individual mort- Mortgage Association and the Federal Home Charter Act, section 307(f) of the Federal Home gages that are eligible for purchase by the enter- Loan Mortgage Corporation will be able to issue Loan Mortgage Corporation Act, and section prises and the characteristics of individual and sell securities based on mortgages for hous- 10(j)(11) of the Federal Home Loan Bank Act (12 mortgages that are not eligible for purchase by ing located in such high-cost areas. U.S.C. 1430(j)(11)), the Director shall submit a the enterprises including, in both cases, infor- (3) DETERMINATION.— report, not later than October 30 of each year, mation concerning— (A) IN GENERAL.—Not later than the expira- to the Committee on Financial Services of the ‘‘(i) the price of the house that secures the tion of the six-month period specified in para- House of Representatives and the Committee on mortgage; graph (1), the Director of the Federal Housing Banking, Housing, and Urban Affairs of the ‘‘(ii) the loan-to-value ratio of the mortgage, Finance Agency shall make a determination, Senate, on the activities of each regulated enti- which shall reflect any secondary liens on the based on the results of the study under this sub- ty. relevant property;

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00152 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23831 ‘‘(iii) the terms of the mortgage; subpart for each year, taking into consideration to in paragraph (3), as rounded to the nearest ‘‘(iv) the creditworthiness of the borrower or the need for the enterprises to reasonably and thousand dollars. borrowers; and sufficiently plan their operations and activities ‘‘(d) NOTICE OF DETERMINATION AND ENTER- ‘‘(v) whether the mortgage, in the case of a in advance, including operations and activities PRISE COMMENT.— conforming mortgage, was purchased by an en- necessary to meet such annual goals. ‘‘(1) NOTICE.—Within 30 days of making a de- terprise; and ‘‘SEC. 1332. SINGLE-FAMILY HOUSING GOALS. termination under subsection (b) regarding a ‘‘(B) such other matters as the Director deter- ‘‘(a) IN GENERAL.—The Director shall estab- compliance of an enterprise for a year with the mines to be appropriate. lish an annual goal for the purchase by each housing goal established under this section and ‘‘(3) PUBLIC AVAILABILITY.—The Director enterprise of conventional, conforming, single- before any public disclosure thereof, the Direc- shall make any data collected by the Director in family, owner-occupied, purchase money mort- tor shall provide notice of the determination to connection with the conduct of a monthly sur- gages financing housing for each of the fol- the enterprise, which shall include an analysis vey available to the public in a timely manner, lowing categories of families: and comparison, by the Director, of the perform- provided that the Director may modify the data ‘‘(1) Low-income families. ance of the enterprise for the year and the tar- released to the public to ensure that the data is ‘‘(2) Families that reside in low-income areas. gets for the year under subsection (c). not released in an identifiable form. ‘‘(3) Very low-income families. ‘‘(2) COMMENT PERIOD.—The Director shall ‘‘(4) DEFINITION.—For purposes of this sub- ‘‘(b) DETERMINATION OF COMPLIANCE.—The provide each enterprise an opportunity to com- section, the term ‘identifiable form’ means any Director shall determine, for each year that the ment on the determination during the 30-day pe- representation of information that permits the housing goal under this section is in effect pur- riod beginning upon receipt by the enterprise of identity of a borrower to which the information suant to section 1331(a), whether each enter- the notice. relates to be reasonably inferred by either direct prise has complied with the single-family hous- ‘‘(e) USE OF BORROWER INCOME.—In moni- or indirect means.’’. ing goal established under this section for such toring the performance of each enterprise pursu- (b) STANDARDS FOR SUBPRIME LOANS.—The year. An enterprise shall be considered to be in ant to the housing goals under this section and Director shall, not later than one year after the compliance with such a goal for a year only if— evaluating such performance (for purposes of effective date under section 185, by regulations ‘‘(1) for each of the types of families described section 1336), the Director shall consider a mort- issued under section 1316G of the Housing and in subsection (a), the percentage of the number gagor’s income to be such income at the time of Community Development Act of 1992, establish of conventional, conforming, single-family, origination of the mortgage. standards by which mortgages purchased and owner-occupied, purchase money mortgages ‘‘SEC. 1333. MULTIFAMILY SPECIAL AFFORDABLE mortgages purchased and securitized shall be purchased by each enterprise in such year that GOAL. characterized as subprime for the purpose of, serve such families, meets or exceeds ‘‘(a) ESTABLISHMENT.— and only for the purpose of, complying with the ‘‘(2) the target for the year for such type of ‘‘(1) IN GENERAL.—The Director shall estab- reporting requirement under section 1324(b)(9) of family that is established under subsection (c). lish, by regulation, an annual goal for the pur- such Act. ‘‘(c) ANNUAL TARGETS.— chase by each enterprise of each of the fol- SEC. 125. REVISION OF HOUSING GOALS. ‘‘(1) IN GENERAL.—Except as provided in para- lowing types of mortgages on multifamily hous- (a) HOUSING GOALS.—The Housing and Com- graph (2), for each of the types of families de- ing: munity Development Act of 1992 is amended by scribed in subsection (a), the target under this ‘‘(A) Mortgages that finance dwelling units striking sections 1331 through 1334 (12 U.S.C. subsection for a year shall be the average per- for very low-income families. 4561–4) and inserting the following new sections: centage, for the three years that most recently ‘‘(B) Mortgages that finance dwelling units ‘‘SEC. 1331. ESTABLISHMENT OF HOUSING GOALS. precede such year and for which information assisted by the low-income housing tax credit ‘‘(a) IN GENERAL.—The Director shall estab- under the Home Mortgage Disclosure Act of 1975 under section 42 of the Internal Revenue Code lish, effective for the first year that begins after is publicly available, of the number of conven- of 1986. the effective date under section 185 of the Fed- tional, conforming, single-family, owner-occu- ‘‘(2) ADDITIONAL REQUIREMENTS FOR SMALLER eral Housing Finance Reform Act of 2005 and pied, purchase money mortgages originated in PROJECTS.—The Director shall establish, within each year thereafter, annual housing goals, such year that serves such type of family, as de- the goal under this section, additional require- with respect to the mortgage purchases by the termined by the Director using the information ments for the purchase by each enterprise of enterprises, as follows: obtained and determined pursuant to para- mortgages described in paragraph (1) for multi- ‘‘(1) SINGLE FAMILY HOUSING GOALS.—Three graphs (3) and (4). family housing projects of a smaller or limited single-family housing goals under section 1332. ‘‘(2) AUTHORITY TO INCREASE TARGETS.— size, which may be based on the number of ‘‘(2) MULTIFAMILY SPECIAL AFFORDABLE HOUS- ‘‘(A) IN GENERAL.—The Director may, for any dwelling units in the project or the amount of ING GOALS.—A multifamily special affordable year, establish by regulation, for any or all of the mortgage, or both, and shall include multi- housing goal under section 1333. the types of families described in subsection (a), family housing projects of such smaller sizes as ‘‘(b) ELIMINATING INTEREST RATE DISPARI- percentage targets that are higher than the per- are typical among such projects that serve rural TIES.— centages for such year determined pursuant to areas. ‘‘(1) IN GENERAL.—In establishing and imple- paragraph (1), to reflect expected changes in ‘‘(3) FACTORS.—In establishing the goal under menting the housing goals under this subpart, market performance related to such information this section relating to mortgages on multifamily the Director shall require the enterprises to dis- under the Home Mortgage Disclosure Act of housing for an enterprise, the Director shall close appropriate information to allow the Di- 1975. consider— rector to assess if there are any disparities in in- ‘‘(B) FACTORS.—In establishing any targets ‘‘(A) national multifamily mortgage credit terest rates charged on mortgages to borrowers pursuant to subparagraph (A), the Director needs; who are minorities as compared with borrowers shall consider the following factors: ‘‘(B) the performance and effort of the enter- of similar creditworthiness who are not minori- ‘‘(i) National housing needs. prise in making mortgage credit available for ties, as evidenced in reports pursuant to the ‘‘(ii) Economic, housing, and demographic multifamily housing in previous years; Home Mortgage Disclosure Act of 1975. conditions. ‘‘(C) the size of the multifamily mortgage mar- ‘‘(2) REPORT AND REMEDY.—Upon a finding by ‘‘(iii) The performance and effort of the enter- ket; the Director, pursuant to the information pro- prises toward achieving the housing goals under ‘‘(D) the ability of the enterprise to lead the vided by an enterprise in paragraph (1), that a this section in previous years. industry in making mortgage credit available, pattern of disparities in interest rates exists, the ‘‘(iv) The size of the conventional mortgage especially for underserved markets, such as for Director shall— market serving each of the types of families de- small multifamily projects of 5 to 50 units, multi- ‘‘(A) submit to the Committee on Financial scribed in subsection (a) relative to the size of family properties in need of rehabilitation, and Services of the House of Representatives and the the overall conventional mortgage market. multifamily properties located in rural areas; Committee on Banking, Housing, and Urban Af- ‘‘(v) The need to maintain the sound financial and fairs of the Senate a report detailing the dispari- condition of the enterprises. ‘‘(E) the need to maintain the sound financial ties; and ‘‘(3) HMDA INFORMATION.—The Director shall condition of the enterprise. ‘‘(B) require the enterprise to take such action annually obtain information submitted in com- ‘‘(b) UNITS FINANCED BY HOUSING FINANCE as the Director deems appropriate pursuant to pliance with the Home Mortgage Disclosure Act AGENCY BONDS.—The Director shall give full this Act to remedy the interest rate disparities of 1975 regarding conventional, conforming, sin- credit toward the achievement of the multi- identified. gle-family, owner-occupied, purchase money family special affordable housing goal under ‘‘(3) PROTECTION OF IDENTITY.—In carrying mortgages originated and purchased for the pre- this section (for purposes of section 1336) to out this subsection, the Director shall ensure vious year. dwelling units in multifamily housing that oth- that no information is made public that would ‘‘(4) CONFORMING MORTGAGES.—In deter- erwise qualifies under such goal and that is fi- reasonably allow identification, directly or indi- mining whether a mortgage is a conforming nanced by tax-exempt or taxable bonds issued rectly, of an individual borrower. mortgage for purposes of this paragraph, the Di- by a State or local housing finance agency, but ‘‘(c) TIMING.—The Director shall establish an rector shall consider the original principal bal- only if— annual deadline by which the Director shall es- ance of the mortgage loan to be the principal ‘‘(1) such bonds are secured by a guarantee of tablish the annual housing goals under this balance as reported in the information referred the enterprise; or

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00153 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23832 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(2) are not investment grade and are pur- ‘‘(26) RURAL AREAS.—The term ‘rural areas’ than the return earned on other activities, each chased by the enterprise. means any areas that are non-metropolitan enterprise shall have the duty to increase the li- ‘‘(c) USE OF TENANT INCOME OR RENT.—The areas (as such term is defined by the Director of quidity of mortgage investments and improve the Director shall monitor the performance of each the Office of Management and Budget), includ- distribution of investment capital available for enterprise in meeting the goals established ing micropolitan areas and tribal trust lands.’’. mortgage financing for underserved markets. under this section and shall evaluate such per- (4) by redesignating paragraphs (14) through ‘‘(2) UNDERSERVED MARKETS.—To meet its formance (for purposes of section 1336) based (22) as paragraphs (17) through (25), respec- duty under paragraph (1), each enterprise shall on— tively; and comply with the following requirements with re- ‘‘(1) the income of the prospective or actual (5) by inserting after paragraph (13) the fol- spect to the following underserved markets: tenants of the property, where such data are lowing new paragraph: ‘‘(A) MANUFACTURED HOUSING.—The enter- available; or ‘‘(16) LOW-INCOME AREA.—The term ‘low in- prise shall lead the industry in developing loan ‘‘(2) where the data referred to in paragraph come area’ means a census tract or block num- products and flexible underwriting guidelines to (1) are not available, rent levels affordable to bering area in which the median income does facilitate a secondary market for mortgages on low-income and very low-income families. not exceed 80 percent of the median income for manufactured homes for very low-, low-, and A rent level shall be considered to be affordable the area in which such census tract or block moderate-income families. for purposes of this subsection for an income numbering area is located, and, for the purposes ‘‘(B) AFFORDABLE HOUSING PRESERVATION.— category referred to in this subsection if it does of section 1332(a)(2), shall include families hav- The enterprise shall lead the industry in devel- not exceed 30 percent of the maximum income ing incomes not greater than 100 percent of the oping loan products and flexible underwriting level of such income category, with appropriate area median income who reside in minority cen- guidelines to facilitate a secondary market to adjustments for unit size as measured by the sus tracts.’’; preserve housing affordable to very low-, low-, number of bedrooms. (6) by redesignating paragraphs (12) and (13) and moderate-income families, including hous- ‘‘(d) DETERMINATION OF COMPLIANCE.—The as paragraphs (14) and (15), respectively; ing projects subsidized under— Director shall, for each year that the housing (7) by inserting after paragraph (11) the fol- ‘‘(i) the project-based and tenant-based rental goal under this section is in effect pursuant to lowing new paragraph: assistance programs under section 8 of the section 1331(a), determine whether each enter- ‘‘(13) EXTREMELY LOW-INCOME.—The term ‘ex- United States Housing Act of 1937; prise has complied with such goal and the addi- tremely low-income’ means— ‘‘(ii) the program under section 236 of the Na- tional requirements under subsection (a)(2). ‘‘(A) in the case of owner-occupied units, in- tional Housing Act; ‘‘SEC. 1334. DISCRETIONARY ADJUSTMENT OF come not in excess of 30 percent of the area me- ‘‘(iii) the below-market interest rate mortgage HOUSING GOALS. dian income; and program under section 221(d)(4) of the National ‘‘(a) AUTHORITY.—An enterprise may petition ‘‘(B) in the case of rental units, income not in Housing Act; the Director in writing at any time during a excess of 30 percent of the area median income, ‘‘(iv) the supportive housing for the elderly year to reduce the level of any goal for such with adjustments for smaller and larger families, program under section 202 of the Housing Act of year established pursuant to this subpart. as determined by the Secretary.’’; 1959; ‘‘(b) STANDARD FOR REDUCTION.—The Director (8) by redesignating paragraphs (8) through ‘‘(v) the supportive housing program for per- may reduce the level for a goal pursuant to such (11) as paragraphs (9) through (12), respectively; sons with disabilities under section 811 of the a petition only if— and Cranston-Gonzalez National Affordable Housing ‘‘(1) market and economic conditions or the fi- (9) by inserting after paragraph (7) the fol- Act; and nancial condition of the enterprise require such lowing new paragraph: ‘‘(vi) the rural rental housing program under action; or ‘‘(8) CONFORMING MORTGAGE.—The term ‘con- section 515 of the Housing Act of 1949. ‘‘(2) efforts to meet the goal would result in forming mortgage’ means, with respect to an en- ‘‘(C) RURAL AND OTHER UNDERSERVED MAR- the constraint of liquidity, over-investment in terprise, a conventional mortgage having an KETS.—The enterprise shall lead the industry in certain market segments, or other consequences original principal obligation that does not ex- developing loan products and flexible under- contrary to the intent of this subpart, or section ceed the dollar limitation, in effect at the time of writing guidelines to facilitate a secondary mar- 301(3) of the Federal National Mortgage Asso- such origination, under, as applicable— ket for mortgages on housing for very low-, low- ciation Charter Act (12 U.S.C. 1716(3)) or section ‘‘(A) section 302(b)(2) of the Federal National , and moderate-income families in rural areas, 301(3) of the Federal Home Loan Mortgage Cor- Mortgage Association Charter Act; or and for mortgages for housing for any other un- poration Act (12 U.S.C. 1451 note), as applica- ‘‘(B) section 305(a)(2) of the Federal Home derserved market for very low-, low-, and mod- ble. Loan Mortgage Corporation Act.’’. erate-income families that the Secretary identi- ‘‘(c) DETERMINATION.—The Director shall SEC. 126. DUTY TO SERVE UNDERSERVED MAR- fies as lacking adequate credit through conven- make a determination regarding any proposed KETS. tional lending sources. Such underserved mar- reduction within 30 days of receipt of the peti- (a) ESTABLISHMENT AND EVALUATION OF PER- kets may be identified by borrower type, market tion regarding the reduction. The Director may FORMANCE.—Section 1335 of the Housing and segment, or geographic area.’’; and extend such period for a single additional 15- Community Development Act of 1992 (12 U.S.C. (5) by adding at the end the following new day period, but only if the Director requests ad- 4565) is amended— subsection: ditional information from the enterprise. A de- (1) in the section heading, by inserting ‘‘(c) EVALUATION AND REPORTING OF COMPLI- nial by the Director to reduce the level of any ‘‘DUTY TO SERVE UNDERSERVED MAR- ANCE.— goal under this section may be appealed to the KETS AND’’ before ‘‘OTHER’’; ‘‘(1) IN GENERAL.—Not later than 6 months United States District Court for the District of (2) by striking subsection (b); after the effective date under section 185 of the Columbia or the United States district court in (3) in subsection (a)— Federal Housing Finance Reform Act of 2005, the jurisdiction in which the headquarters of an (A) in the matter preceding paragraph (1), by the Director shall establish a manner for evalu- enterprise is located.’’. inserting ‘‘and to carry out the duty under sub- ating whether, and the extent to which, the en- (b) CONFORMING AMENDMENTS.—The Housing section (a) of this section’’ before ‘‘, each enter- terprises have complied with the duty under and Community Development Act of 1992 is prise shall’’; subsection (a) to serve underserved markets and amended—— (1) in section 1335(a) (12 U.S.C. 4565(a)), in the (B) in paragraph (3), by inserting ‘‘and’’ after for rating the extent of such compliance. Using matter preceding paragraph (1), by striking the semicolon at the end; such method, the Director shall, for each year, ‘‘low- and moderate-income housing goal’’ and (C) in paragraph (4), by striking ‘‘; and’’ and evaluate such compliance and rate the perform- all that follows through ‘‘section 1334’’ and in- inserting a period; ance of each enterprise as to extent of compli- serting ‘‘housing goals established under this (D) by striking paragraph (5); and ance. The Director shall include such evalua- subpart’’; and (E) by redesignating such subsection as sub- tion and rating for each enterprise for a year in (2) in section 1336(a)(1) (12 U.S.C. 4566(a)(1)), section (b); the report for that year submitted pursuant to by striking ‘‘sections 1332, 1333, and 1334,’’ and (4) by inserting before subsection (b) (as so re- section 1319B(a). inserting ‘‘this subpart’’ . designated by paragraph (3)(E) of this sub- ‘‘(2) SEPARATE EVALUATIONS.—In determining (c) DEFINITIONS.—Section 1303 of the Housing section) the following new subsection: whether an enterprise has complied with the and Community Development Act of 1992 (12 ‘‘(a) DUTY TO SERVE UNDERSERVED MAR- duty referred to in paragraph (1), the Director U.S.C. 4502), as amended by the preceding pro- KETS.— shall separately evaluate whether the enterprise visions of this Act, is further amended— ‘‘(1) DUTY.—In accordance with the purpose has complied with such duty with respect to (1) in paragraph (26), by striking ‘‘60 percent’’ of the enterprises under section 301(3) of the each of the underserved markets identified in each place such term appears and inserting ‘‘50 Federal National Mortgage Association Charter subsection (a), taking into consideration— percent’’; Act (12 U.S.C. 1716) and section 301(b)(3) of the ‘‘(A) the development of loan products and (2) by redesignating paragraphs (23) through Federal Home Loan Mortgage Corporation Act more flexible underwriting guidelines; (26) as paragraphs (27) through (30), respec- (12 U.S.C. 1451 note) to undertake activities re- ‘‘(B) the extent of outreach to qualified loan tively; lating to mortgages on housing for very low-, sellers in each of such underserved markets; and (3) by inserting after paragraph (22) the follow-, and moderate-income families involving a ‘‘(C) the volume of loans purchased in each of lowing new paragraph: reasonable economic return that may be less such underserved markets.’’.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00154 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23833

(b) ENFORCEMENT.—Subsection (a) of section may require that the enterprise submit a hous- eral Housing Finance Reform Act of 2005, 5 per- 1336 of the Housing and Community Develop- ing plan under this subsection. If the Director cent of the after-tax income of the enterprise for ment Act of 1992 (12 U.S.C. 4566(a)) is amend- makes such a finding and the enterprise refuses the preceding year. ed— to submit such a plan, submits an unacceptable ‘‘(2) LIMITATION.—An enterprise shall not be (1) in paragraph (1), by inserting ‘‘and with plan, fails to comply with the plan or the Direc- required to make an allocation for a year to the the duty under section 1335A of each enterprise tor finds that the enterprise has failed to meet affordable housing fund of the enterprise estab- with respect to underserved markets,’’ before any housing goal under this subpart, in addi- lished under subsection (a) unless— ‘‘as provided in this section,’’; and tion to requiring an enterprise to submit a hous- ‘‘(A) the enterprise is classified by the Direc- (2) by adding at the end of such subsection, as ing plan, the Director may issue a cease and de- tor at the time of such allocation as adequately amended by the preceding provisions of this sist order in accordance with section 1341, im- capitalized; and title, the following new paragraph: pose civil money penalties in accordance with ‘‘(B) the enterprise generated after-tax income ‘‘(4) ENFORCEMENT OF DUTY TO PROVIDE section 1345, or order other remedies as set forth for the preceding year. MORTGAGE CREDIT TO UNDERSERVED MARKETS.— in paragraph (7) of this subsection.’’; ‘‘(3) DETERMINATION OF AFTER-TAX INCOME.— The duty under section 1335(a) of each enter- (B) in paragraph (2)— For purposes of this section, the term ‘after-tax prise to serve underserved markets (as deter- (i) by striking ‘‘CONTENTS.—Each housing income’ means, with respect to an enterprise for mined in accordance with section 1335(c)) shall plan’’ and inserting ‘‘HOUSING PLAN.—If the a year, the amount reported by the enterprise be enforceable under this section to the same ex- Director requires a housing plan under this sec- for such year in the enterprise’s annual report tent and under the same provisions that the tion, such a plan’’; and for such year that is filed with the Securities housing goals established under sections 1332, (ii) in subparagraph (B), by inserting ‘‘and and Exchange Commission, except that for any 1333, and 1334 are enforceable. Such duty shall changes in its operations’’ after ‘‘improve- year in which no such filing is made by an en- not be enforceable under any other provision of ments’’; terprise or such filing is not timely made, such this title (including subpart C of this part) other (C) in paragraph (3)— term means the amount determined by the Direc- than this section or under any provision of the (i) by inserting ‘‘comply with any remedial actor based on the income tax return filings of the Federal National Mortgage Association Charter tion or’’ before ‘‘submit a housing plan’’; and enterprise. Act or the Federal Home Loan Mortgage Cor- (ii) by striking ‘‘under subsection (b)(3) that a ‘‘(c) SELECTION OF ACTIVITIES FUNDED USING poration Act.’’. housing plan is required’’; AFFORDABLE HOUSING FUND AMOUNTS.— SEC. 127. MONITORING AND ENFORCING COMPLI- (D) in paragraph (4), by striking the first two Amounts from the affordable housing fund of ANCE WITH HOUSING GOALS. sentences and inserting the following: ‘‘The Di- the enterprise may be used, or committed for Section 1336 of the Housing and Community rector shall review each submission by an enter- use, only for activities that— Development Act of 1992 (12 U.S.C. 4566) is prise, including a housing plan submitted under ‘‘(1) are eligible under subsection (d) for such amended— this subsection, and not later than 30 days after use; and (1) in subsection (b)— submission, approve or disapprove the plan or ‘‘(2) are selected for funding by the enterprise (A) in the subsection heading, by inserting other action. The Director may extend the pe- in accordance with the process and criteria for ‘‘Preliminary’’ before ‘‘Determination’’; riod for approval or disapproval for a single ad- such selection established pursuant to sub- (B) by striking paragraph (1) and inserting ditional 30-day period if the Director determines section (l)(2)(C). the following new paragraph: such extension necessary.’’; and ‘‘(d) ELIGIBLE ACTIVITIES.—Amounts from the ‘‘(1) NOTICE.—If the Director preliminarily de- (E) by adding at the end the following new affordable housing fund of an enterprise shall termines that an enterprise has failed, or that paragraph: be eligible for use, or for commitment for use, there is a substantial probability that an enter- ‘‘(7) ADDITIONAL REMEDIES FOR FAILURE TO only for assistance for— prise will fail, to meet any housing goal estab- MEET GOALS.—In addition to ordering a housing ‘‘(1) the production, preservation, and reha- lished under this subpart, the Director shall plan under this section, issuing cease and desist bilitation of rental housing, including housing provide written notice to the enterprise of such orders under section 1341, and ordering civil under the programs identified in section a preliminary determination, the reasons for money penalties under section 1345, the Director 1335(a)(2)(B), except that amounts provided such determination, and the information on may seek other actions when an enterprise fails from the Fund may be used for the benefit only which the Director based the determination.’’; to meet a goal, and exercise appropriate enforce- of extremely low- and very low-income families; (C) in paragraph (2)— ment authority available to the Director under ‘‘(2) the production, preservation, and reha- (i) in subparagraph (A), by inserting ‘‘fi- this Act to prohibit the enterprise from entering bilitation of housing for homeownership, includ- nally’’ before ‘‘determining’’; into new programs and new business activities ing such forms as downpayment assistance, (ii) by striking subparagraphs (B) and (C) and and to order the enterprise to suspend programs closing cost assistance, and assistance for inter- inserting the following new subparagraph: and business activities pending its achievement est-rate buy-downs, that— ‘‘(B) EXTENSION OR SHORTENING OF PERIOD.— of the goal.’’. ‘‘(A) is available for purchase only for use as The Director may— SEC. 128. AFFORDABLE HOUSING FUND. a principal residence by families that qualify ‘‘(i) extend the period under subparagraph (A) (a) IN GENERAL.—The Housing and Commu- both as— for good cause for not more than 30 additional nity Development Act of 1992 is amended by ‘‘(i) extremely low- and very-low income fami- days; and striking sections 1337 and 1338 (12 U.S.C. 4562 lies at the times described in subparagraphs (A) ‘‘(ii) shorten the period under subparagraph note) and inserting the following new section: through (C) of section 215(b)(2) of the Cranston- (A) for good cause.’’; and ‘‘SEC. 1337. AFFORDABLE HOUSING FUND. Gonzalez National Affordable Housing Act (42 (iii) by redesignating subparagraph (D) as ‘‘(a) ESTABLISHMENT AND PURPOSE.—Each en- U.S.C. 12745(b)(2)); and subparagraph (C); and terprise shall establish and manage an afford- ‘‘(ii) first-time homebuyers, as such term is de- (D) in paragraph (3)— able housing fund in accordance with this sec- fined in section 104 of the Cranston-Gonzalez (i) in subparagraph (A), by striking ‘‘deter- tion. The purpose of the affordable housing National Affordable Housing Act (42 U.S.C. mine’’ and inserting ‘‘issue a final determina- fund shall be— 12704), except that any reference in such section tion of’’; ‘‘(1) to increase homeownership for extremely to assistance under title II of such Act shall for (ii) in subparagraph (B), by inserting ‘‘final’’ low-and very low-income families; purposes of this section be considered to refer to before ‘‘determinations’’; and ‘‘(2) to increase investment in housing in low- assistance from the affordable housing fund of (iii) in subparagraph (C)— income areas, and areas designated as qualified the enterprise; (I) by striking ‘‘Committee on Banking, Fi- census tracts or an area of chronic economic ‘‘(B) has an initial purchase price that meets nance and Urban Affairs’’ and inserting ‘‘Com- distress pursuant to section 143(j) of the Inter- the requirements of section 215(b)(1) of the mittee on Financial Services’’; and nal Revenue Code of 1986 (26 U.S.C. 143(j)); Cranston-Gonzalez National Affordable Housing (II) by inserting ‘‘final’’ before ‘‘determina- ‘‘(3) to increase and preserve the supply of Act; and tion’’ each place such term appears; and rental and owner-occupied housing for ex- ‘‘(C) is subject to the same resale restrictions (2) in subsection (c)— tremely low- and very low-income families; and established under section 215(b)(3) of the Cran- (A) by striking the subsection designation and ‘‘(4) to increase investment in economic and ston-Gonzalez National Affordable Housing Act heading and all that follows through the end of community development in economically under- and applicable to the participating jurisdiction paragraph (1) and inserting the following: served areas. that is the State in which such housing is lo- ‘‘(c) CEASE AND DESIST ORDERS, CIVIL MONEY ‘‘(b) ALLOCATION OF AMOUNTS BY ENTER- cated; and PENALTIES, AND REMEDIES INCLUDING HOUSING PRISES.— ‘‘(3) leveraged grants under subsection (e). PLANS.— ‘‘(1) IN GENERAL.—In accordance with regula- ‘‘(e) LEVERAGED GRANTS.— ‘‘(1) REQUIREMENT.—If the Director finds, tions issued by the Director under subsection (l) ‘‘(1) IN GENERAL.—Pursuant to regulations pursuant to subsection (b), that there is a sub- and subject to paragraph (2) of this subsection, issued by the Director, each enterprise shall stantial probability that an enterprise will fail, each enterprise shall allocate to the affordable carry out a program under this subsection to or has actually failed, to meet any housing goal housing fund established under subsection (a) make leveraged grants from amounts in the af- under this subpart and that the achievement of by the enterprise, in each year beginning after fordable housing fund of the enterprise, subject the housing goal was or is feasible, the Director the effective date under section 185 of the Fed- to the requirements under this subsection.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00155 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23834 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(2) ELIGIBLE PURPOSES.—Amounts from the (b) in each year to the affordable housing fund section 309(m) of the Federal National Mortgage affordable housing fund of an enterprise may be of an enterprise, not more than 12.5 percent Association Charter Act or section 307(f) of the used only for leveraged grants under paragraph shall be used for leveraged grants under sub- Federal Home Loan Mortgage Corporation Act, (4) for— section (e). as applicable, a description of the actions taken ‘‘(A) the development, preservation, rehabili- ‘‘(3) DEADLINE FOR COMMITMENT OR USE.— by the enterprise to utilize or commit amounts tation, or purchase of affordable housing that Any amounts allocated to the affordable hous- allocated under this section to the affordable meets underserved needs for affordable housing; ing fund of an enterprise shall be used or com- housing fund of the enterprise established under ‘‘(B) community or economic development ac- mitted for use within two years of the date of this section. tivities in economically underserved areas; or such allocation. ‘‘(j) AFFORDABLE HOUSING BOARD.— ‘‘(C) a combination of the activities identified ‘‘(4) USE OF RETURNS.—Any return on invest- ‘‘(1) APPOINTMENT.—The Director shall ap- in subparagraphs (A) and (B). ment of any amounts allocated pursuant to sub- point an affordable housing board of 7, 9, or 11 ‘‘(3) ELIGIBLE SPONSORS.—A leveraged grant section (b) to the affordable housing fund of an persons, who shall include— under this subsection may be made only on be- enterprise shall be available for use by the en- ‘‘(A) the Director, or the Director’s designee; half of a sponsor that meets such requirements terprise only for eligible activities under sub- ‘‘(B) the Secretary of Housing and Urban De- as the Director shall establish for experience section (d). velopment, or the Secretary’s designee; and success in carrying out the types of activi- ‘‘(5) ADMINISTRATIVE COSTS.—The Director ‘‘(C) the Secretary of Agriculture, or the Sec- ties proposed under the application of the spon- shall, by regulation— retary’s designee; sor, such as the following entities: ‘‘(A) provide that, except as provided in sub- ‘‘(D) 2 persons from for-profit organizations or ‘‘(A) A low-income housing fund. paragraph (B), amounts allocated to the afford- businesses actively involved in providing or pro- ‘‘(B) A housing finance agency of a State or able housing fund of an enterprise may not be moting affordable housing for extremely low- unit of general local government. used for administrative, outreach, or other costs and very low-income households; and ‘‘(C) A non-profit organization having as one of— ‘‘(E) 2 persons from nonprofit organizations of its principal purposes the development or ‘‘(i) the enterprise; or actively involved in providing or promoting af- management of affordable housing. ‘‘(ii) any recipient of amounts from the afford- fordable housing for extremely low- and very ‘‘(D) A community development financial in- able housing fund; and low-income households. stitution. ‘‘(B) limit the amount of any such contribu- ‘‘(2) TERMS.— ‘‘(E) A national non-profit housing inter- tions that may be used for administrative costs ‘‘(A) IN GENERAL.—Except as provided in sub- mediary. of the enterprise of maintaining the affordable paragraph (B), the term of each member of the ‘‘(F) A community development corporation. housing fund and carrying out the program affordable housing board appointed pursuant to ‘‘(G) A community development entity. under this section. paragraph (1) (but not including members ap- ‘‘(4) ELIGIBLE USES.—Amounts from the af- ‘‘(6) PROHIBITION OF CONSIDERATION OF USE pointed pursuant to subparagraphs (A), (B), fordable housing fund of an enterprise may be FOR MEETING HOUSING GOALS.—In determining and (C)) shall be 3 years. used under this subsection only for the fol- compliance with the housing goals under this ‘‘(B) INITIAL APPOINTEES.—The Director shall lowing types of leveraged grants: subpart, the Director may not consider amounts appoint the initial members of the affordable ‘‘(A) To provide loan loss reserves. used under this section for eligible activities housing board not later than the expiration of ‘‘(B) To capitalize a revolving loan fund. the 60-day period beginning on the date of the ‘‘(C) To provide equity capitalization of an af- under subsection (d). The Director shall give credit toward the achievement of such housing enactment of this Act. As designated by the Di- fordable housing fund. rector at the time of appointment, of the mem- ‘‘(D) To provide equity capitalization of a goals to purchases of mortgages for housing that receives funding under this section, but only to bers of the affordable housing board first ap- community development or economic develop- pointed pursuant to paragraph (1) (but not in- ment fund. the extent that such purchases are funded other than under this section. cluding members appointed pursuant to sub- ‘‘(E) For risk sharing loans. paragraphs (A), (B), and (C))— ‘‘(F) For the funding of a specific, detailed in- ‘‘(7) PROHIBITION OF CERTAIN SUBGRANTS.— The Director shall, by regulation, ensure that ‘‘(i) in the case of a board having 7 members— vestment plan that identifies the specific types ‘‘(I) one shall be appointed for a term of one amounts from the affordable housing fund of an of uses and the expected timeframes with respect year; and enterprise awarded under this section to a na- to such uses. ‘‘(II) one shall be appointed for a term of two tional non-profit housing intermediary are not ‘‘(5) APPLICATIONS.—The Director shall pro- years; used for the purpose of distributing subgrants to vide, in the application process established pur- ‘‘(ii) in the case of a board having 9 mem- other non-profit entities. suant to subsection (l)(2)(C), for eligible spon- bers— sors under paragraph (3) of this subsection to ‘‘(g) CONSISTENCY OF USE WITH HOUSING ‘‘(I) two shall be appointed for a term of one submit applications to an enterprise for lever- NEEDS.— year; and aged grants pursuant to this subsection, which ‘‘(1) QUARTERLY REPORTS.—The Director shall ‘‘(II) two shall be appointed for a term of two shall include a detailed description of— require each enterprise to submit a report, on a years; and ‘‘(A) the types of affordable housing or com- quarterly basis, to the Director and the afford- ‘‘(iii) in the case of a board having 11 mem- munity or economic development activities for able housing board established under subsection bers— which the leveraged grant is made; (j) describing the activities funded under this ‘‘(I) two shall be appointed for a term of one ‘‘(B) the type of eligible leveraged grants section during such quarter with amounts from year; and under paragraph (4) to be made in the project; the affordable housing fund of the enterprise es- ‘‘(II) three shall be appointed for a term of ‘‘(C) the types, sources, and amounts of other tablished under this section. The Director shall two years; funding for the project; make such reports publicly available. The af- ‘‘(3) DUTIES.—The affordable housing board ‘‘(D) and the expected time frame of the lever- fordable housing board shall review each report shall meet not less than quarterly— aged grant under this subsection. by an enterprise to determine the consistency of ‘‘(A) to determine extremely low- and very ‘‘(6) LIMITATIONS.—The Director shall by reg- such activities funded with the criteria for selec- low-income housing needs; ulation— tion of such activities established pursuant to ‘‘(B) to advise the Director with respect to— ‘‘(A) ensure that leveraged grants pursuant to subsection (l)(2)(C). ‘‘(i) establishment of the selection criteria this subsection are designed to alleviate need for ‘‘(2) REPLENISHMENT.—If the affordable hous- under subsection (l)(2)(C) that provide for ap- affordable housing in underserved markets iden- ing board determines that an activity funded by propriate use of amounts from the affordable tified in section 1335(a) having the greatest need an enterprise with amounts from the affordable housing funds of the enterprises to meet such for such housing or to address community and housing fund of the enterprise is not consistent needs; and economic development needs in economically un- with the criteria established pursuant to sub- ‘‘(ii) operation of, and changes to, the pro- derserved areas having the greatest need; and section (l)(2)(C), the board shall notify the Di- gram under this section appropriate to meet ‘‘(B) ensure that any returns from leveraged rector and the Director shall require the enter- such needs; and grants under this subsection accrue to the af- prise to allocate to such affordable housing fund ‘‘(C) to review the reports submitted by the en- fordable housing fund of the enterprise and are (in addition to amounts allocated in compliance terprises pursuant to subsection (g)(1) to deter- available for use only as provided under this with subsection (b)) an amount equal to the sum mine whether the activities funded using section. of the amounts from the affordable housing amounts from the affordable housing funds of ‘‘(f) LIMITATIONS ON USE.— fund used and further committed for use for the enterprises comply with the regulations ‘‘(1) AMOUNTS FOR HOMEOWNERSHIP.—Of any such activity. issued pursuant to subsection (l)(2)(C) and in- amounts allocated pursuant to subsection (b) in ‘‘(h) CAPITAL REQUIREMENTS.—The utilization form the Director of such determinations, for each year to the affordable housing fund of an or commitment of amounts from the affordable purposes of subsection (g)(2). enterprise, not less than 10 percent shall be used housing fund of an enterprise shall not be sub- ‘‘(4) EXPENSES AND PER DIEM.—Members of the for activities under paragraph (2) of subsection ject to the risk-based capital requirements estab- board shall receive travel expenses, including (d). lished pursuant to section 1361(a). per diem in lieu of subsistence, in accordance ‘‘(2) AMOUNTS FOR LEVERAGED GRANTS.—Of ‘‘(i) REPORTING REQUIREMENT.—Each enter- with sections 5702 and 5703 of title 5, United any amounts allocated pursuant to subsection prise shall include, in the report required under States Code.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00156 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23835

‘‘(5) ADVISORY COMMITTEE.—The board shall lished by the enterprise pursuant to section 1337 or subsection (e) or (f) of section 307 of the Fed- be considered an advisory committee for pur- of such Act (as amended by subsection (a) of eral Home Loan Mortgage Corporation Act, as poses of the Federal Advisory Committee Act (5 this section), an amount equal to 3.5 percent of applicable.’’; U.S.C. App.). the after-tax income of the enterprise for 2005. (3) in subsection (c), by inserting ‘‘date of ‘‘(6) DURATION.— The board shall have con- Upon the establishment of such affordable hous- the’’ before ‘‘service of the order’’; and tinued existence until terminated by law. ing fund, each enterprise shall allocate to such (4) by striking subsection (d). ‘‘(k) DEFINITION.—For purposes of this sec- fund the amounts reserved under this subsection (b) AUTHORITY OF DIRECTOR TO ENFORCE NO- tion, the term ‘economically underserved area’ by the enterprise. TICES AND ORDERS.—Section 1344 of the Housing means an area that predominantly includes cen- (2) EXCEPTION TO DEADLINE FOR COMMIT- and Community Development Act of 1992 (12 sus tracts for which— MENT.—Section 1337(e)(2) of the Housing and U.S.C. 4584) is amended by striking subsection ‘‘(1) at least 20 percent of the population is Community Development Act of 1992 (as amend- (a) and inserting the following new subsection: ‘‘(a) ENFORCEMENT.—The Director may, in the below the poverty line (as such term is defined ed by subsection (a) of this section) shall not discretion of the Director, apply to the United in section 673(2) of the Omnibus Budget Rec- apply to amounts allocated to the affordable States District Court for the District of Colum- onciliation Act of 1981 (42 U.S.C. 9902(2)), in- housing fund of an enterprise pursuant to para- bia, or the United States district court within cluding any revision required by such section), graph (1). the jurisdiction of which the headquarters of applicable to a family of the size involved; or (3) AFTER-TAX INCOME.—For purposes of this the enterprise is located, for the enforcement of ‘‘(2) median family income does not exceed the subsection, the term ‘‘after-tax income’’ has the any effective and outstanding notice or order meaning provided in subsection (b)(3) of the new greater of— issued under section 1341 or 1345, or request that section 1337 to be inserted by the amendment ‘‘(A) 80 percent of the median family income the Attorney General of the United States bring made by subsection (a) of this section. for the metropolitan statistical area in which such an action. Such court shall have jurisdic- (4) EFFECTIVE DATE.—This subsection shall such census tracts are located; or tion and power to order and require compliance take effect on the date of the enactment of this ‘‘(B) 80 percent of the median family income with such notice or order.’’. Act. for the State in which such census tracts are lo- (c) CIVIL MONEY PENALTIES.—Section 1345 of cated. SEC. 129. CONSISTENCY WITH MISSION. the Housing and Community Development Act ‘‘(l) REGULATIONS.— Subpart B of part 2 of subtitle A of title XIII of 1992 (12 U.S.C. 4585) is amended— ‘‘(1) IN GENERAL.—The Director shall issue of the Housing and Community Development (1) by striking subsections (a) and (b) and in- regulations to carry out this section. Act of 1992 (12 U.S.C. 4561 et seq.) is amended by serting the following new subsections: ‘‘(2) REQUIRED CONTENTS.—The regulations adding after section 1337, as added by section ‘‘(a) AUTHORITY.—The Director may impose a issued under this subsection shall include— 127 of this Act, the following new section: civil money penalty, in accordance with the pro- ‘‘(A) authority for the Director to audit, pro- ‘‘SEC. 1338. CONSISTENCY WITH MISSION. visions of this section, on any enterprise that vide for an audit, or otherwise verify an enter- ‘‘This subpart may not be construed to au- has failed to— prise’s activities, to ensure compliance with this thorize an enterprise to engage in any program ‘‘(1) meet any housing goal established under section; or activity that contravenes or is inconsistent subpart B, following a written notice and deter- ‘‘(B) a requirement that the Director ensure with the Federal National Mortgage Association mination of such failure in accordance with sec- that the affordable housing fund of each enter- Charter Act or the Federal Home Loan Mort- tion 1336(b); prise is audited not less than annually to ensure gage Corporation Act.’’. ‘‘(2) submit a report under section 1314, following a notice of such failure, an opportunity compliance with this section; SEC. 130. ENFORCEMENT. ‘‘(C) requirements for a process for application for comment by the enterprise, and a final deter- (a) CEASE-AND-DESIST PROCEEDINGS.—Section mination by the Director; to, and selection by, an enterprise for activities 1341 of the Housing and Community Develop- to be funded with amounts from the affordable ‘‘(3) submit the information required under ment Act of 1992 (12 U.S.C. 4581) is amended— subsection (m) or (n) of section 309 of the Fed- housing fund, which shall provide that— (1) by striking subsection (a) and inserting the ‘‘(i) selection shall based upon specific cri- eral National Mortgage Association Charter Act, following new subsection: or subsection (e) or (f) of section 307 of the Fed- teria, including a prioritization of funding ‘‘(a) GROUNDS FOR ISSUANCE.—The Director based upon— eral Home Loan Mortgage Corporation Act; may issue and serve a notice of charges under ‘‘(4) comply with any provision of this part or ‘‘(I) greatest impact; this section upon an enterprise if the Director ‘‘(II) geographic diversity; any order, rule or regulation under this part; determines— ‘‘(5) submit a housing plan pursuant to sec- ‘‘(III) ability to obligate amounts and under- ‘‘(1) the enterprise has failed to meet any take activities so funded in a timely manner; tion 1336(c) within the required period; or housing goal established under subpart B, fol- ‘‘(6) comply with a housing plan for the enter- ‘‘(IV) in the case of rental housing projects lowing a written notice and determination of prise under section 1336(c). under subsection (d)(1), the extent to which such failure in accordance with section 1336; ‘‘(b) AMOUNT OF PENALTY.—The amount of rents for units in the project funded are afford- ‘‘(2) the enterprise has failed to submit a re- the penalty, as determined by the Director, may able, especially for extremely low-income fami- port under section 1314, following a notice of not exceed— lies; and such failure, an opportunity for comment by the ‘‘(1) for any failure described in paragraph ‘‘(V) in the case of rental housing projects enterprise, and a final determination by the Di- (1), (5), or (6) of subsection (a), $50,000 for each under subsection (d)(1), the extent of the dura- rector; day that the failure occurs; and tion for which such rents will remain affordable; ‘‘(3) the enterprise has failed to submit the in- ‘‘(2) for any failure described in paragraph and formation required under subsection (m) or (n) (2), (3), or (4) of subsection (a), $20,000 for each ‘‘(ii) an enterprise may not require for such of section 309 of the Federal National Mortgage day that the failure occurs.’’; selection that an activity involve financing or Association Charter Act, or subsection (e) or (f) (2) in subsection (c)— underwriting of any kind by the enterprise of section 307 of the Federal Home Loan Mort- (A) in paragraph (1)— (other than funding through the affordable gage Corporation Act; (i) in subparagraph (A), by inserting ‘‘and’’ housing fund of the enterprise) and may not ‘‘(4) the enterprise has violated any provision after the semicolon at the end; give preference in such selection to activities of this part or any order, rule or regulation (ii) in subparagraph (B), by striking ‘‘; and’’ that involve such financing; and under this part; and inserting a period; and ‘‘(D) requirements to ensure that amounts (iii) by striking subparagraph (C); and ‘‘(5) the enterprise has failed to submit a (B) in paragraph (2), by inserting after the pe- from the affordable housing funds of the enter- housing plan that complies with section 1336(c) prises used for rental housing under subsection riod at the end the following: ‘‘In determining within the applicable period; or the penalty under subsection (a)(1), the Director (d)(1) are used only for the benefit of extremely ‘‘(6) the enterprise has failed to comply with a low- and very-low income families. shall give consideration to the length of time the housing plan under section 1336(c).’’; enterprise should reasonably take to achieve the ‘‘(3) LIMITATION.—Any regulations issued by (2) in subsection (b)(2), by striking ‘‘requiring the Director pursuant to this section shall be no goal.’’; the enterprise to’’ and all that follows through (3) in the first sentence of subsection (d)— more restrictive on the enterprises’ activities in the end of the paragraph and inserting the fol- (A) by striking ‘‘request the Attorney General connection with the allocation of after-tax in- lowing: ‘‘requiring the enterprise to— of the United States to’’ and inserting ‘‘, in the come under this section than the regulations ‘‘(A) comply with the goal or goals; discretion of the Director,’’; and issued to implement the affordable housing pro- ‘‘(B) submit a report under section 1314; (B) by inserting ‘‘, or request that the Attor- gram of the Federal home loan banks pursuant ‘‘(C) comply with any provision this part or ney General of the United States bring such an to section 10(j) of the Federal Home Loan Bank any order, rule or regulation under such part; action’’ before the period at the end; Act (12 U.S.C. 1430(j)).’’. ‘‘(D) submit a housing plan in compliance (4) by striking subsection (f); and (b) CONTRIBUTIONS FOR 2006.— with section 1336(c); (5) by redesignating subsection (g) as sub- (1) RESERVATION AND CONTRIBUTION.—In 2006, ‘‘(E) comply with a housing plan submitted section (f). each enterprise (as such term is defined in sec- under section 1336(c); or (d) ENFORCEMENT OF SUBPOENAS.—Section tion 1303 of the Housing and Community Devel- ‘‘(F) provide the information required under 1348(c) of the Housing and Community Develop- opment Act of 1992) shall reserve for contribu- subsection (m) or (n) of section 309 of the Fed- ment Act of 1992 (12 U.S.C. 4588(c)) is amend- tion to the affordable housing fund to be estab- eral National Mortgage Association Charter Act ed—

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00157 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23836 CONGRESSIONAL RECORD—HOUSE October 26, 2005 (1) by striking ‘‘request the Attorney General ‘‘(C) pursuant to section 1371(b), the Director assets during the preceding calendar quarter of the United States to’’ and inserting ‘‘, in the deems the regulated entity to be engaging in an unless— discretion of the Director,’’; and unsafe or unsound practice. ‘‘(A) the Director has accepted the capital res- (2) by inserting ‘‘or request that the Attorney ‘‘(2) RECLASSIFICATION.—In addition to any toration plan of the regulated entity; General of the United States bring such an ac- other action authorized under this title, includ- ‘‘(B) any increase in total assets is consistent tion,’’ after ‘‘District of Columbia,’’ ing the reclassification of a regulated entity for with the plan; and (e) CONFORMING AMENDMENT.—The heading any reason not specified in this subsection, if ‘‘(C) the ratio of total capital to assets for the for subpart C of part 2 of subtitle A of the Hous- the Director takes any action described in para- regulated entity increases during the calendar ing and Community Development Act of 1992 is graph (1) the Director may classify a regulated quarter at a rate sufficient to enable the entity amended to read as follows: entity— to become adequately capitalized within a rea- ‘‘Subpart C—Enforcement’’. ‘‘(A) as undercapitalized, if the regulated en- sonable time. SEC. 131. CONFORMING AMENDMENTS. tity is otherwise classified as adequately capital- ‘‘(5) PRIOR APPROVAL OF ACQUISITIONS, NEW Part 2 of subtitle A of title XIII of the Hous- ized; PROGRAMS, AND NEW BUSINESS ACTIVITIES.—A ing and Community Development Act of 1992 (12 ‘‘(B) as significantly undercapitalized, if the regulated entity that is classified as under- U.S.C. 4541 et seq.) is amended— regulated entity is otherwise classified as undercapitalized shall not, directly or indirectly, ac- (1) by striking ‘‘Secretary’’ each place such capitalized; and quire any interest in any entity or engage in term appears in such part and inserting ‘‘Direc- ‘‘(C) as critically undercapitalized, if the reg- any new program or new business activity un- tor’’; ulated entity is otherwise classified as signifi- less— (2) in the section heading for section 1323 (12 cantly undercapitalized.’’; and ‘‘(A) the Director has accepted the capital res- U.S.C. 4543), by inserting ‘‘OF ENTERPRISES’’ (5) by inserting after subsection (d) (as so re- toration plan of the regulated entity, the entity before the period at the end; designated by paragraph (3) of this subsection), is implementing the plan, and the Director de- (3) by striking section 1327 (12 U.S.C. 4547); the following new subsection: termines that the proposed action is consistent (4) by striking section 1328 (12 U.S.C. 4548); ‘‘(e) RESTRICTION ON CAPITAL DISTRIBU- with and will further the achievement of the (5) in sections 1345(c)(1)(A) and 1346(b) (12 TIONS.— plan; or U.S.C. 4585(c)(1)(A), 4586(b)), by striking ‘‘Sec- ‘‘(1) IN GENERAL.—A regulated entity shall ‘‘(B) the Director determines that the pro- retary’s’’ each place such term appears and in- make no capital distribution if, after making the posed action will further the purpose of this sec- serting ‘‘Director’s’’; and distribution, the regulated entity would be tion.’’; (6) by striking section 1349 (12 U.S.C. 4589). undercapitalized. (3) in the subsection heading for subsection Subtitle C—Prompt Corrective Action ‘‘(2) EXCEPTION.—Notwithstanding paragraph (b), by striking ‘‘FROM UNDERCAPITALIZED TO SEC. 141. CAPITAL CLASSIFICATIONS. (1), the Director may permit a regulated entity, SIGNIFICANTLY UNDERCAPITALIZED’’; and (a) IN GENERAL.—Section 1364 of the Housing to the extent appropriate or applicable, to repur- (4) by striking subsection (c) and inserting the and Community Development Act of 1992 (12 chase, redeem, retire, or otherwise acquire following new subsection: U.S.C. 4614) is amended— shares or ownership interests if the repurchase, ‘‘(c) OTHER DISCRETIONARY SAFEGUARDS.— (1) in the heading for subsection (a) by strik- redemption, retirement, or other acquisition— The Director may take, with respect to a regu- ing ‘‘In General’’ and inserting ‘‘Enterprises’’; ‘‘(A) is made in connection with the issuance lated entity that is classified as undercapital- (2) in subsection (c)— of additional shares or obligations of the regu- ized, any of the actions authorized to be taken (A) by striking ‘‘subsection (b)’’ and inserting lated entity in at least an equivalent amount; under section 1366 with respect to a regulated ‘‘subsection (c)’’; and entity that is classified as significantly under- (B) by striking ‘‘enterprises’’ and inserting ‘‘(B) will reduce the financial obligations of capitalized, if the Director determines that such ‘‘regulated entities’’; and the regulated entity or otherwise improve the fi- actions are necessary to carry out the purpose (C) by striking the last sentence; nancial condition of the entity.’’. of this subtitle.’’. (3) by redesignating subsections (c) (as so (b) REGULATIONS.—Not later than the expira- SEC. 143. SUPERVISORY ACTIONS APPLICABLE TO amended by paragraph (2) of this subsection) tion of the 180-day period beginning on the ef- SIGNIFICANTLY UNDERCAPITALIZED and (d) as subsections (d) and (f), respectively; fective date under section 185, the Director of REGULATED ENTITIES. (4) by striking subsection (b) and inserting the the Federal Housing Finance Agency shall issue Section 1366 of the Housing and Community following new subsections: regulations to carry out section 1364(b) of the Development Act of 1992 (12 U.S.C. 4616) is ‘‘(b) FEDERAL HOME LOAN BANKS.— Housing and Community Development Act of amended— ‘‘(1) ESTABLISHMENT AND CRITERIA.—For pur- 1992 (as added by paragraph (4) of this sub- (1) in the section heading, by striking ‘‘EN- poses of this subtitle, the Director shall, by reg- section), relating to capital classifications for TERPRISES’’ and inserting ‘‘ENTITIES’’; ulation— the Federal home loan banks. (2) in subsection (a)(2)(A), by striking ‘‘enter- ‘‘(A) establish the capital classifications speci- SEC. 142. SUPERVISORY ACTIONS APPLICABLE TO prise’’ the last place such term appears; fied under paragraph (2) for the Federal home UNDERCAPITALIZED REGULATED (3) in subsection (b)— loan banks; ENTITIES. (A) in the subsection heading, by striking ‘‘(B) establish criteria for each such capital Section 1365 of the Housing and Community ‘‘Discretionary Supervisory Actions’’ and insert- classification based on the amount and types of Development Act of 1992 (12 U.S.C. 4615) is ing ‘‘Specific Actions’’; capital held by a bank and the risk-based, min- amended— (B) in the matter preceding paragraph (1), by imum, and critical capital levels for the banks (1) in the section heading, by striking ‘‘EN- striking ‘‘may, at any time, take any’’ and in- and taking due consideration of the capital TERPRISES’’ and inserting ‘‘REGULATED serting ‘‘shall carry out this section by taking, classifications established under subsection (a) ENTITIES’’; at any time, one or more’’; for the enterprises, with such modifications as (2) in subsection (a)— (C) by redesignating paragraphs (5) and (6) as the Director determines to be appropriate to re- (A) by redesignating paragraphs (1) and (2) as paragraphs (6) and (7), respectively; flect the difference in operations between the paragraphs (2) and (3), respectively; (D) by inserting after paragraph (4) the fol- banks and the enterprises; and (B) by inserting before paragraph (2) the following new paragraph: ‘‘(C) shall classify the Federal home loan lowing paragraph: ‘‘(5) IMPROVEMENT OF MANAGEMENT.—Take banks according to such capital classifications. ‘‘(1) REQUIRED MONITORING.—The Director one or more of the following actions: ‘‘(2) CLASSIFICATIONS.—The capital classifica- shall— ‘‘(A) NEW ELECTION OF BOARD.—Order a new tions specified under this paragraph are— election for the board of directors of the regu- ‘‘(A) adequately capitalized; ‘‘(A) closely monitor the condition of any reg- ‘‘(B) undercapitalized; ulated entity that is classified as undercapital- lated entity. ‘‘(C) significantly undercapitalized; and ized; ‘‘(B) DISMISSAL OF DIRECTORS OR EXECUTIVE ‘‘(D) critically undercapitalized. ‘‘(B) closely monitor compliance with the cap- OFFICERS.—Require the regulated entity to dis- ‘‘(c) DISCRETIONARY CLASSIFICATION.— ital restoration plan, restrictions, and require- miss from office any director or executive officer ‘‘(1) GROUNDS FOR RECLASSIFICATION.—The ments imposed under this section; and who had held office for more than 180 days im- Director may reclassify a regulated entity under ‘‘(C) periodically review the plan, restrictions, mediately before the entity became under- paragraph (2) if— and requirements applicable to the undercapitalized. Dismissal under this subparagraph ‘‘(A) at any time, the Director determines in capitalized regulated entity to determine wheth- shall not be construed to be a removal pursuant writing that the regulated entity is engaging in er the plan, restrictions, and requirements are to the Director’s enforcement powers provided in conduct that could result in a rapid depletion of achieving the purpose of this section.’’; and section 1377. core or total capital or, in the case of an enter- (C) by inserting at the end the following new ‘‘(C) EMPLOY QUALIFIED EXECUTIVE OFFI- prise, that the value of the property subject to paragraphs: CERS.—Require the regulated entity to employ mortgages held or securitized by the enterprise ‘‘(4) RESTRICTION OF ASSET GROWTH.—A regu- qualified executive officers (who, if the Director has decreased significantly; lated entity that is classified as undercapital- so specifies, shall be subject to approval by the ‘‘(B) after notice and an opportunity for hear- ized shall not permit its average total assets (as Director).’’; and ing, the Director determines that the regulated such term is defined in section 1316(b) during (E) by inserting at the end the following new entity is in an unsafe or unsound condition; or any calendar quarter to exceed its average total paragraph:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00158 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23837

‘‘(8) OTHER ACTION.—Require the regulated ‘‘(I) CONSENT.—The regulated entity, by reso- ‘‘(i) take over the assets of and operate the entity to take any other action that the Director lution of its board of directors or its share- regulated entity with all the powers of the determines will better carry out the purpose of holders or members, consents to the appoint- shareholders, the directors, and the officers of this section than any of the actions specified in ment. the regulated entity and conduct all business of this paragraph.’’; ‘‘(J) UNDERCAPITALIZATION.—The regulated the regulated entity; (4) by redesignating subsection (c) as sub- entity is undercapitalized or significantly ‘‘(ii) collect all obligations and money due the section (d); and undercapitalized (as defined in section regulated entity; (5) by inserting after subsection (b) the fol- 1364(a)(3) or in regulations issued pursuant to ‘‘(iii) perform all functions of the regulated lowing new subsection: section 1364(b), as applicable), and— entity in the name of the regulated entity which ‘‘(c) RESTRICTION ON COMPENSATION OF EXEC- ‘‘(i) has no reasonable prospect of becoming are consistent with the appointment as conser- UTIVE OFFICERS.—A regulated entity that is adequately capitalized; vator or receiver; and classified as significantly undercapitalized may ‘‘(ii) fails to become adequately capitalized, as ‘‘(iv) preserve and conserve the assets and not, without prior written approval by the Di- required by— property of such regulated entity. rector— ‘‘(I) section 1365(a)(1) with respect to an ‘‘(C) FUNCTIONS OF OFFICERS, DIRECTORS, AND ‘‘(1) pay any bonus to any executive officer; undercapitalized regulated entity; or SHAREHOLDERS OF A REGULATED ENTITY.—The or ‘‘(II) section 1366(a)(1) with respect to a sig- Agency may, by regulation or order, provide for ‘‘(2) provide compensation to any executive of- nificantly undercapitalized regulated entity; the exercise of any function by any stockholder, ficer at a rate exceeding that officer’s average ‘‘(iii) fails to submit a capital restoration plan director, or officer of any regulated entity for rate of compensation (excluding bonuses, stock acceptable to the Agency within the time pre- which the Agency has been named conservator options, and profit sharing) during the 12 cal- scribed under section 1369C; or or receiver. endar months preceding the calendar month in ‘‘(iv) materially fails to implement a capital ‘‘(D) POWERS AS CONSERVATOR.—The Agency which the regulated entity became undercapital- restoration plan submitted and accepted under may, as conservator, take such action as may ized.’’. section 1369C. be— SEC. 144. AUTHORITY OVER CRITICALLY UNDER- ‘‘(K) CRITICAL UNDERCAPITALIZATION.—The ‘‘(i) necessary to put the regulated entity in a CAPITALIZED REGULATED ENTITIES. regulated entity is critically undercapitalized, sound and solvent condition; and (a) IN GENERAL.—Section 1367 of the Housing as defined in section 1364(a)(4) or in regulations ‘‘(ii) appropriate to carry on the business of and Community Development Act of 1992 (12 issued pursuant to section 1364(b), as applicable. the regulated entity and preserve and conserve the assets and property of the regulated entity. U.S.C. 4617) is amended to read as follows: ‘‘(L) MONEY LAUNDERING.—The Attorney Gen- ‘‘(E) ADDITIONAL POWERS AS RECEIVER.—The ‘‘SEC. 1367. AUTHORITY OVER CRITICALLY eral notifies the Director in writing that the reg- Agency may, as receiver, place the regulated en- UNDERCAPITALIZED REGULATED ulated entity has been found guilty of a crimi- tity in liquidation and proceed to realize upon ENTITIES. nal offense under section 1956 or 1957 of title 18, the assets of the regulated entity, having due re- ‘‘(a) APPOINTMENT OF AGENCY AS CONSER- United States Code, or section 5322 or 5324 of gard to the conditions of the housing finance VATOR OR RECEIVER.— title 31, United States Code. N GENERAL market. ‘‘(1) I .—Notwithstanding any other ‘‘(4) JUDICIAL REVIEW.— ‘‘(F) ORGANIZATION OF NEW REGULATED ENTI- provision of Federal or State law, if any of the ‘‘(A) IN GENERAL.—If the Agency is appointed TIES.—The Agency may, as receiver, organize a grounds under paragraph (3) exist, at the dis- conservator or receiver under this section, the successor regulated entity that will operate pur- cretion of the Director, the Director may estab- regulated entity may, within 30 days of such ap- suant to subsection (i). lish a conservatorship or receivership, as appro- pointment, bring an action in the United States ‘‘(G) TRANSFER OF ASSETS AND LIABILITIES.— priate, for the purpose of reorganizing, rehabili- District Court for the judicial district in which The Agency may, as conservator or receiver, tating, or winding up the affairs of a regulated the principal place of business of such regulated transfer any asset or liability of the regulated entity. entity is located, or in the United States District entity in default without any approval, assign- ‘‘(2) APPOINTMENT.—In any conservatorship Court for the District of Columbia, for an order ment, or consent with respect to such transfer. or receivership established under this section, requiring the Agency to remove itself as conser- Any Federal home loan bank may, with the ap- the Director shall appoint the Agency as conservator or receiver. vator or receiver. proval of the Agency, acquire the assets of any ‘‘(B) REVIEW.—Upon the filing of an action ‘‘(3) GROUNDS FOR APPOINTMENT.—The Bank in conservatorship or receivership, and as- under subparagraph (A), the court shall, upon grounds for appointing a conservator or receiver sume the liabilities of such Bank the merits, dismiss such action or direct the for a regulated entity are as follows: ‘‘(H) PAYMENT OF VALID OBLIGATIONS.—The Agency to remove itself as such conservator or ‘‘(A) ASSETS INSUFFICIENT FOR OBLIGATIONS.— Agency, as conservator or receiver, shall, to the receiver. The assets of the regulated entity are less than extent of proceeds realized from the performance ‘‘(5) DIRECTORS NOT LIABLE FOR ACQUIESCING the obligations of the regulated entity to its of contracts or sale of the assets of a regulated IN APPOINTMENT OF CONSERVATOR OR RE- creditors and others. entity, pay all valid obligations of the regulated CEIVER.—The members of the board of directors ‘‘(B) SUBSTANTIAL DISSIPATION.—Substantial entity in accordance with the prescriptions and dissipation of assets or earnings due to— of a regulated entity shall not be liable to the limitations of this section. ‘‘(i) any violation of any provision of Federal shareholders or creditors of the regulated entity ‘‘(I) SUBPOENA AUTHORITY.— or State law; or for acquiescing in or consenting in good faith to ‘‘(i) IN GENERAL.— ‘‘(ii) any unsafe or unsound practice. the appointment of the Agency as conservator or ‘‘(I) IN GENERAL.—The Agency may, as con- ‘‘(C) UNSAFE OR UNSOUND CONDITION.—An un- receiver for that regulated entity. servator or receiver, and for purposes of car- safe or unsound condition to transact business. ‘‘(6) AGENCY NOT SUBJECT TO ANY OTHER FED- rying out any power, authority, or duty with re- ‘‘(D) CEASE-AND-DESIST ORDERS.—Any willful ERAL AGENCY.—When acting as conservator or spect to a regulated entity (including deter- violation of a cease-and-desist order that has receiver, the Agency shall not be subject to the mining any claim against the regulated entity become final. direction or supervision of any other agency of and determining and realizing upon any asset ‘‘(E) CONCEALMENT.—Any concealment of the the United States or any State in the exercise of of any person in the course of collecting money books, papers, records, or assets of the regulated the rights, powers, and privileges of the Agency. due the regulated entity), exercise any power es- entity, or any refusal to submit the books, pa- ‘‘(b) POWERS AND DUTIES OF THE AGENCY AS tablished under section 1348. pers, records, or affairs of the regulated entity, CONSERVATOR OR RECEIVER.— ‘‘(II) APPLICABILITY OF LAW.—The provisions for inspection to any examiner or to any lawful ‘‘(1) RULEMAKING AUTHORITY OF THE AGEN- of section 1348 shall apply with respect to the agent of the Director. CY.—The Agency may prescribe such regulations exercise of any power exercised under this sub- ‘‘(F) INABILITY TO MEET OBLIGATIONS.—The as the Agency determines to be appropriate re- paragraph in the same manner as such provi- regulated entity is likely to be unable to pay its garding the conduct of conservatorships or re- sions apply under that section. obligations or meet the demands of its creditors ceiverships. ‘‘(ii) AUTHORITY OF DIRECTOR.—A subpoena in the normal course of business. ‘‘(2) GENERAL POWERS.— or subpoena duces tecum may be issued under ‘‘(G) LOSSES.—The regulated entity has in- ‘‘(A) SUCCESSOR TO REGULATED ENTITY.—The clause (i) only by, or with the written approval curred or is likely to incur losses that will de- Agency shall, as conservator or receiver, and by of, the Director, or the designee of the Director. plete all or substantially all of its capital, and operation of law, immediately succeed to— ‘‘(iii) RULE OF CONSTRUCTION.—This sub- there is no reasonable prospect for the regulated ‘‘(i) all rights, titles, powers, and privileges of section shall not be construed to limit any rights entity to become adequately capitalized (as de- the regulated entity, and of any stockholder, of- that the Agency, in any capacity, might other- fined in section 1364(a)(1)). ficer, or director of such regulated entity with wise have under section 1317 or 1379D. ‘‘(H) VIOLATIONS OF LAW.—Any violation of respect to the regulated entity and the assets of ‘‘(J) CONTRACTING FOR SERVICES.—The Agency any law or regulation, or any unsafe or un- the regulated entity; and may, as conservator or receiver, provide by con- sound practice or condition that is likely to— ‘‘(ii) title to the books, records, and assets of tract for the carrying out of any of its func- ‘‘(i) cause insolvency or substantial dissipa- any other legal custodian of such regulated en- tions, activities, actions, or duties as conser- tion of assets or earnings; or tity. vator or receiver. ‘‘(ii) weaken the condition of the regulated ‘‘(B) OPERATE THE REGULATED ENTITY.—The ‘‘(K) INCIDENTAL POWERS.—The Agency may, entity. Agency may, as conservator or receiver— as conservator or receiver—

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00159 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23838 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(i) exercise all powers and authorities spe- ‘‘(C) DISALLOWANCE OF CLAIMS FILED AFTER strive for procedures which are expeditious, fair, cifically granted to conservators or receivers, re- END OF FILING PERIOD.—Claims filed after the independent, and low cost. spectively, under this section, and such inci- date specified in the notice published under ‘‘(iii) VOLUNTARY BINDING OR NONBINDING dental powers as shall be necessary to carry out paragraph (3)(B)(i), or the date specified under PROCEDURES.—The Agency may establish both such powers; and paragraph (3)(C), shall be disallowed and such binding and nonbinding processes, which may ‘‘(ii) take any action authorized by this sec- disallowance shall be final. be conducted by any government or private tion, which the Agency determines is in the best ‘‘(D) AUTHORITY TO DISALLOW CLAIMS.— party. All parties, including the claimant and interests of the regulated entity or the Agency. ‘‘(i) IN GENERAL.—The receiver may disallow the Agency, must agree to the use of the process ‘‘(3) AUTHORITY OF RECEIVER TO DETERMINE any portion of any claim by a creditor or claim in a particular case. CLAIMS.— of security, preference, or priority which is not ‘‘(B) CONSIDERATION OF INCENTIVES.—The ‘‘(A) IN GENERAL.—The Agency may, as re- proved to the satisfaction of the receiver. Agency shall seek to develop incentives for ceiver, determine claims in accordance with the ‘‘(ii) PAYMENTS TO LESS THAN FULLY SECURED claimants to participate in the alternative dis- requirements of this subsection and any regula- CREDITORS.—In the case of a claim of a creditor pute resolution process. tions prescribed under paragraph (4). against a regulated entity which is secured by ‘‘(8) EXPEDITED DETERMINATION OF CLAIMS.— ‘‘(B) NOTICE REQUIREMENTS.—The receiver, in any property or other asset of such regulated ‘‘(A) ESTABLISHMENT REQUIRED.—The Agency any case involving the liquidation or winding entity, the receiver— shall establish a procedure for expedited relief up of the affairs of a closed regulated entity, ‘‘(I) may treat the portion of such claim which outside of the routine claims process established shall— exceeds an amount equal to the fair market under paragraph (5) for claimants who— ‘‘(i) promptly publish a notice to the creditors value of such property or other asset as an un- ‘‘(i) allege the existence of legally valid and of the regulated entity to present their claims, secured claim against the regulated entity; and enforceable or perfected security interests in as- together with proof, to the receiver by a date ‘‘(II) may not make any payment with respect sets of any regulated entity for which the Agen- specified in the notice which shall be not less to such unsecured portion of the claim other cy has been appointed receiver; and than 90 days after the publication of such no- than in connection with the disposition of all ‘‘(ii) allege that irreparable injury will occur tice; and claims of unsecured creditors of the regulated if the routine claims procedure is followed. ‘‘(ii) republish such notice approximately 1 entity. ‘‘(B) DETERMINATION PERIOD.—Before the end month and 2 months, respectively, after the pub- ‘‘(iii) EXCEPTIONS.—No provision of this para- of the 90-day period beginning on the date any lication under clause (i). graph shall apply with respect to any extension claim is filed in accordance with the procedures ‘‘(C) MAILING REQUIRED.—The receiver shall of credit from any Federal Reserve Bank, Fed- established under subparagraph (A), the Direc- mail a notice similar to the notice published eral home loan bank, or the Treasury of the tor shall— under subparagraph (B)(i) at the time of such United States. ‘‘(i) determine— publication to any creditor shown on the books ‘‘(E) NO JUDICIAL REVIEW OF DETERMINATION ‘‘(I) whether to allow or disallow such claim; of the regulated entity— PURSUANT TO SUBPARAGRAPH (D).—No court may or ‘‘(i) at the last address of the creditor appear- review the determination of the Agency under ‘‘(II) whether such claim should be determined ing in such books; or subparagraph (D) to disallow a claim. This sub- pursuant to the procedures established under ‘‘(ii) upon discovery of the name and address paragraph shall not effect the authority of a paragraph (5); and of a claimant not appearing on the books of the claimant to obtain de novo judicial review of a ‘‘(ii) notify the claimant of the determination, regulated entity within 30 days after the dis- claim pursuant to paragraph (6). and if the claim is disallowed, provide a state- covery of such name and address. ‘‘(F) LEGAL EFFECT OF FILING.— ment of each reason for the disallowance and ‘‘(4) RULEMAKING AUTHORITY RELATING TO DE- ‘‘(i) STATUTE OF LIMITATION TOLLED.—For the procedure for obtaining agency review or ju- TERMINATION OF CLAIMS.—Subject to subsection purposes of any applicable statute of limita- dicial determination. (c), the Director may prescribe regulations re- tions, the filing of a claim with the receiver ‘‘(C) PERIOD FOR FILING OR RENEWING SUIT.— garding the allowance or disallowance of claims shall constitute a commencement of an action. Any claimant who files a request for expedited by the receiver and providing for administrative ‘‘(ii) NO PREJUDICE TO OTHER ACTIONS.—Sub- relief shall be permitted to file a suit, or to con- determination of claims and review of such de- ject to paragraph (10), the filing of a claim with tinue a suit filed before the appointment of the termination. the receiver shall not prejudice any right of the receiver, seeking a determination of the rights of ‘‘(5) PROCEDURES FOR DETERMINATION OF claimant to continue any action which was filed the claimant with respect to such security inter- CLAIMS.— before the date of the appointment of the re- est after the earlier of— ‘‘(A) DETERMINATION PERIOD.— ceiver, subject to the determination of claims by ‘‘(i) the end of the 90-day period beginning on ‘‘(i) IN GENERAL.—Before the end of the 180- the receiver. the date of the filing of a request for expedited day period beginning on the date on which any ‘‘(6) PROVISION FOR JUDICIAL DETERMINATION relief; or claim against a regulated entity is filed with the OF CLAIMS.— ‘‘(ii) the date the Agency denies the claim. Agency as receiver, the Agency shall determine ‘‘(A) IN GENERAL.—The claimant may file suit ‘‘(D) STATUTE OF LIMITATIONS.—If an action whether to allow or disallow the claim and shall on a claim (or continue an action commenced described under subparagraph (C) is not filed, notify the claimant of any determination with before the appointment of the receiver) in the or the motion to renew a previously filed suit is respect to such claim. district or territorial court of the United States not made, before the end of the 30-day period ‘‘(ii) EXTENSION OF TIME.—The period de- for the district within which the principal place beginning on the date on which such action or scribed in clause (i) may be extended by a writ- of business of the regulated entity is located or motion may be filed under subparagraph (B), ten agreement between the claimant and the the United States District Court for the District the claim shall be deemed to be disallowed as of Agency. of Columbia (and such court shall have jurisdic- the end of such period (other than any portion ‘‘(iii) MAILING OF NOTICE SUFFICIENT.—The tion to hear such claim), before the end of the of such claim which was allowed by the re- notification requirements of clause (i) shall be 60-day period beginning on the earlier of— ceiver), such disallowance shall be final, and deemed to be satisfied if the notice of any deter- ‘‘(i) the end of the period described in para- the claimant shall have no further rights or mination with respect to any claim is mailed to graph (5)(A)(i) with respect to any claim against remedies with respect to such claim. the last address of the claimant which ap- a regulated entity for which the Agency is re- ‘‘(E) LEGAL EFFECT OF FILING.— pears— ceiver; or ‘‘(i) STATUTE OF LIMITATION TOLLED.—For ‘‘(I) on the books of the regulated entity; ‘‘(ii) the date of any notice of disallowance of purposes of any applicable statute of limita- ‘‘(II) in the claim filed by the claimant; or such claim pursuant to paragraph (5)(A)(i). tions, the filing of a claim with the receiver ‘‘(III) in documents submitted in proof of the ‘‘(B) STATUTE OF LIMITATIONS.—A claim shall shall constitute a commencement of an action. claim. be deemed to be disallowed (other than any por- ‘‘(ii) NO PREJUDICE TO OTHER ACTIONS.—Sub- ‘‘(iv) CONTENTS OF NOTICE OF DISALLOW- tion of such claim which was allowed by the reject to paragraph (10), the filing of a claim with ANCE.—If any claim filed under clause (i) is dis- ceiver), and such disallowance shall be final, the receiver shall not prejudice any right of the allowed, the notice to the claimant shall con- and the claimant shall have no further rights or claimant to continue any action that was filed tain— remedies with respect to such claim, if the claim- before the appointment of the receiver, subject ‘‘(I) a statement of each reason for the dis- ant fails, before the end of the 60-day period de- to the determination of claims by the receiver. allowance; and scribed under subparagraph (A), to file suit on ‘‘(9) PAYMENT OF CLAIMS.— ‘‘(II) the procedures available for obtaining such claim (or continue an action commenced ‘‘(A) IN GENERAL.—The receiver may, in the agency review of the determination to disallow before the appointment of the receiver). discretion of the receiver, and to the extent the claim or judicial determination of the claim. ‘‘(7) REVIEW OF CLAIMS.— funds are available from the assets of the regu- ‘‘(B) ALLOWANCE OF PROVEN CLAIM.—The re- ‘‘(A) OTHER REVIEW PROCEDURES.— lated entity, pay creditor claims, in such man- ceiver shall allow any claim received on or be- ‘‘(i) IN GENERAL.—The Agency shall establish ner and amounts as are authorized under this fore the date specified in the notice published such alternative dispute resolution processes as section, which are— under paragraph (3)(B)(i), or the date specified may be appropriate for the resolution of claims ‘‘(i) allowed by the receiver; in the notice required under paragraph (3)(C), filed under paragraph (5)(A)(i). ‘‘(ii) approved by the Agency pursuant to a which is proved to the satisfaction of the re- ‘‘(ii) CRITERIA.—In establishing alternative final determination pursuant to paragraph (7) ceiver. dispute resolution processes, the Agency shall or (8); or

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00160 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23839 ‘‘(iii) determined by the final judgment of any which the Agency has been appointed conser- to do so by a court of competent jurisdiction or court of competent jurisdiction. vator or receiver, the Agency shall conduct its governmental agency, or prohibited by law. ‘‘(B) AGREEMENTS AGAINST THE INTEREST OF operations in a manner which maintains sta- ‘‘(15) FRAUDULENT TRANSFERS.— THE AGENCY.—No agreement that tends to dimin- bility in the housing finance markets and, to the ‘‘(A) IN GENERAL.—The Agency, as conser- ish or defeat the interest of the Agency in any extent consistent with that goal— vator or receiver, may avoid a transfer of any asset acquired by the Agency as receiver under ‘‘(i) maximizes the net present value return interest of a regulated entity-affiliated party, or this section shall be valid against the Agency from the sale or disposition of such assets; any person who the conservator or receiver de- unless such agreement is in writing, and exe- ‘‘(ii) minimizes the amount of any loss realized termines is a debtor of the regulated entity, in cuted by an authorized official of the regulated in the resolution of cases; and property, or any obligation incurred by such entity, except that such requirements for quali- ‘‘(iii) ensures adequate competition and fair party or person, that was made within 5 years fied financial contracts shall be applied in a and consistent treatment of offerors. of the date on which the Agency was appointed manner consistent with reasonable business ‘‘(12) STATUTE OF LIMITATIONS FOR ACTIONS conservator or receiver, if such party or person trading practices in the financial contracts mar- BROUGHT BY CONSERVATOR OR RECEIVER.— voluntarily or involuntarily made such transfer ket. ‘‘(A) IN GENERAL.—Notwithstanding any pro- or incurred such liability with the intent to ‘‘(C) PAYMENT OF DIVIDENDS ON CLAIMS.—The vision of any contract, the applicable statute of hinder, delay, or defraud the regulated entity, receiver may, in the sole discretion of the re- limitations with regard to any action brought by the Agency, the conservator, or receiver. ceiver, pay from the assets of the regulated enti- the Agency as conservator or receiver shall be— ‘‘(B) RIGHT OF RECOVERY.—To the extent a ty dividends on proved claims at any time, and ‘‘(i) in the case of any contract claim, the transfer is avoided under subparagraph (A), the no liability shall attach to the Agency, by rea- longer of— conservator or receiver may recover, for the ben- son of any such payment, for failure to pay ‘‘(I) the 6-year period beginning on the date efit of the regulated entity, the property trans- dividends to a claimant whose claim is not the claim accrues; or ferred, or, if a court so orders, the value of such proved at the time of any such payment. ‘‘(II) the period applicable under State law; property (at the time of such transfer) from— ‘‘(D) RULEMAKING AUTHORITY OF THE DIREC- and ‘‘(i) the initial transferee of such transfer or TOR.—The Director may prescribe such rules, in- ‘‘(ii) in the case of any tort claim, the longer the regulated entity-affiliated party or person cluding definitions of terms, as the Director of— for whose benefit such transfer was made; or deems appropriate to establish a single uniform ‘‘(I) the 3-year period beginning on the date ‘‘(ii) any immediate or mediate transferee of interest rate for, or to make payments of post-in- the claim accrues; or any such initial transferee. solvency interest to creditors holding proven ‘‘(II) the period applicable under State law. ‘‘(C) RIGHTS OF TRANSFEREE OR OBLIGEE.— claims against the receivership estates of regu- ‘‘(B) DETERMINATION OF THE DATE ON WHICH A The conservator or receiver may not recover lated entities following satisfaction by the re- CLAIM ACCRUES.—For purposes of subparagraph under subparagraph (B) from— ceiver of the principal amount of all creditor (A), the date on which the statute of limitations ‘‘(i) any transferee that takes for value, in- claims. begins to run on any claim described in such cluding satisfaction or securing of a present or ‘‘(10) SUSPENSION OF LEGAL ACTIONS.— subparagraph shall be the later of— antecedent debt, in good faith; or ‘‘(A) IN GENERAL.—After the appointment of a ‘‘(i) the date of the appointment of the Agency ‘‘(ii) any immediate or mediate good faith conservator or receiver for a regulated entity, as conservator or receiver; or transferee of such transferee. the conservator or receiver may, in any judicial ‘‘(ii) the date on which the cause of action ac- ‘‘(D) RIGHTS UNDER THIS PARAGRAPH.—The action or proceeding to which such regulated crues. rights under this paragraph of the conservator entity is or becomes a party, request a stay for ‘‘(13) REVIVAL OF EXPIRED STATE CAUSES OF or receiver described under subparagraph (A) a period not to exceed— ACTION.— shall be superior to any rights of a trustee or ‘‘(i) 45 days, in the case of any conservator; ‘‘(A) IN GENERAL.—In the case of any tort any other party (other than any party which is and claim described under subparagraph (B) for a Federal agency) under title 11, United States ‘‘(ii) 90 days, in the case of any receiver. which the statute of limitations applicable Code. ‘‘(B) GRANT OF STAY BY ALL COURTS RE- under State law with respect to such claim has ‘‘(16) ATTACHMENT OF ASSETS AND OTHER IN- QUIRED.—Upon receipt of a request by any con- expired not more than 5 years before the ap- JUNCTIVE RELIEF.—Subject to paragraph (17), servator or receiver under subparagraph (A) for pointment of the Agency as conservator or re- any court of competent jurisdiction may, at the a stay of any judicial action or proceeding in ceiver, the Agency may bring an action as con- request of the conservator or receiver, issue an any court with jurisdiction of such action or servator or receiver on such claim without re- order in accordance with Rule 65 of the Federal proceeding, the court shall grant such stay as to gard to the expiration of the statute of limita- Rules of Civil Procedure, including an order all parties. tion applicable under State law. placing the assets of any person designated by ‘‘(11) ADDITIONAL RIGHTS AND DUTIES.— ‘‘(B) CLAIMS DESCRIBED.—A tort claim re- the Agency or such conservator under the con- ‘‘(A) PRIOR FINAL ADJUDICATION.—The Agency ferred to under subparagraph (A) is a claim trol of the court, and appointing a trustee to shall abide by any final unappealable judgment arising from fraud, intentional misconduct re- hold such assets. of any court of competent jurisdiction which sulting in unjust enrichment, or intentional mis- ‘‘(17) STANDARDS OF PROOF.—Rule 65 of the was rendered before the appointment of the conduct resulting in substantial loss to the regu- Federal Rules of Civil Procedure shall apply Agency as conservator or receiver. lated entity. with respect to any proceeding under paragraph ‘‘(B) RIGHTS AND REMEDIES OF CONSERVATOR ‘‘(14) ACCOUNTING AND RECORDKEEPING RE- (16) without regard to the requirement of such OR RECEIVER.—In the event of any appealable QUIREMENTS.— rule that the applicant show that the injury, judgment, the Agency as conservator or receiver ‘‘(A) IN GENERAL.—The Agency as conservator loss, or damage is irreparable and immediate. shall— or receiver shall, consistent with the accounting ‘‘(18) TREATMENT OF CLAIMS ARISING FROM ‘‘(i) have all the rights and remedies available and reporting practices and procedures estab- BREACH OF CONTRACTS EXECUTED BY THE RE- to the regulated entity (before the appointment lished by the Agency, maintain a full account- CEIVER OR CONSERVATOR.— of such conservator or receiver) and the Agency, ing of each conservatorship and receivership or ‘‘(A) IN GENERAL.—Notwithstanding any other including removal to Federal court and all ap- other disposition of a regulated entity in de- provision of this subsection, any final and pellate rights; and fault. unappealable judgment for monetary damages ‘‘(ii) not be required to post any bond in order ‘‘(B) ANNUAL ACCOUNTING OR REPORT.—With entered against a receiver or conservator for the to pursue such remedies. respect to each conservatorship or receivership, breach of an agreement executed or approved in ‘‘(C) NO ATTACHMENT OR EXECUTION.—No at- the Agency shall make an annual accounting or writing by such receiver or conservator after the tachment or execution may issue by any court report available to the Board, the Comptroller date of its appointment, shall be paid as an ad- upon assets in the possession of the receiver. General of the United States, the Committee on ministrative expense of the receiver or conser- ‘‘(D) LIMITATION ON JUDICIAL REVIEW.—Ex- Banking, Housing, and Urban Affairs of the vator. cept as otherwise provided in this subsection, no Senate, and the Committee on Financial Serv- ‘‘(B) NO LIMITATION OF POWER.—Nothing in court shall have jurisdiction over— ices of the House of Representatives. this paragraph shall be construed to limit the ‘‘(i) any claim or action for payment from, or ‘‘(C) AVAILABILITY OF REPORTS.—Any report power of a receiver or conservator to exercise any action seeking a determination of rights prepared under subparagraph (B) shall be made any rights under contract or law, including to with respect to, the assets of any regulated enti- available by the Agency upon request to any terminate, breach, cancel, or otherwise dis- ty for which the Agency has been appointed re- shareholder of a regulated entity or any member continue such agreement. ceiver; or of the public. ‘‘(19) GENERAL EXCEPTIONS.— ‘‘(ii) any claim relating to any act or omission ‘‘(D) RECORDKEEPING REQUIREMENT.—After ‘‘(A) LIMITATIONS.—The rights of a conser- of such regulated entity or the Agency as re- the end of the 6-year period beginning on the vator or receiver appointed under this section ceiver. date that the conservatorship or receivership is shall be subject to the limitations on the powers ‘‘(E) DISPOSITION OF ASSETS.—In exercising terminated by the Director, the Agency may de- of a receiver under sections 402 through 407 of any right, power, privilege, or authority as con- stroy any records of such regulated entity which the Federal Deposit Insurance Corporation Im- servator or receiver in connection with any sale the Agency, in the discretion of the Agency, de- provement Act of 1991 (12 U.S.C. 4402 through or disposition of assets of a regulated entity for termines to be unnecessary unless directed not 4407).

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00161 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23840 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(B) MORTGAGES HELD IN TRUST.— ‘‘(3) CLAIMS FOR DAMAGES FOR REPUDI- ‘‘(i) the lessee— ‘‘(i) IN GENERAL.—Any mortgage, pool of mort- ATION.— ‘‘(I) shall continue to pay the contractual rent gages, or interest in a pool of mortgages, held in ‘‘(A) IN GENERAL.—Except as otherwise pro- pursuant to the terms of the lease after the date trust, custodial, or agency capacity by a regu- vided under subparagraph (C) and paragraphs of the repudiation of such lease; and lated entity for the benefit of persons other than (4), (5), and (6), the liability of the conservator ‘‘(II) may offset against any rent payment the regulated entity shall not be available to or receiver for the disaffirmance or repudiation which accrues after the date of the repudiation satisfy the claims of creditors generally. of any contract pursuant to paragraph (1) shall of the lease, and any damages which accrue ‘‘(ii) HOLDING OF MORTGAGES.—Any mortgage, be— after such date due to the nonperformance of pool of mortgages, or interest in a pool of mort- ‘‘(i) limited to actual direct compensatory any obligation of the regulated entity under the gages, described under clause (i) shall be held by damages; and lease after such date; and the conservator or receiver appointed under this ‘‘(ii) determined as of— ‘‘(ii) the conservator or receiver shall not be section for the beneficial owners of such mort- ‘‘(I) the date of the appointment of the conser- liable to the lessee for any damages arising after gage, pool of mortgages, or interest in a pool of vator or receiver; or such date as a result of the repudiation other mortgages in accordance with the terms of the ‘‘(II) in the case of any contract or agreement than the amount of any offset allowed under agreement creating such trust, custodial, or referred to in paragraph (8), the date of the clause (i)(II). other agency arrangement. disaffirmance or repudiation of such contract or ‘‘(6) CONTRACTS FOR THE SALE OF REAL PROP- ‘‘(iii) LIABILITY OF RECEIVER.—The liability of agreement. ERTY.— a receiver appointed under this section for dam- ‘‘(B) NO LIABILITY FOR OTHER DAMAGES.—For ‘‘(A) IN GENERAL.—If the conservator or re- ages shall, in the case of any contingent or un- purposes of subparagraph (A), the term ‘actual ceiver repudiates any contract for the sale of liquidated claim relating to the mortgages held direct compensatory damages’ shall not in- real property and the purchaser of such real in trust, be estimated in accordance set forth in clude— property under such contract is in possession, the regulations of the Director. ‘‘(i) punitive or exemplary damages; and is not, as of the date of such repudiation, ‘‘(c) PRIORITY OF EXPENSES AND UNSECURED ‘‘(ii) damages for lost profits or opportunity; in default, such purchaser may either— CLAIMS.— or ‘‘(i) treat the contract as terminated by such ‘‘(1) IN GENERAL.—Unsecured claims against a ‘‘(iii) damages for pain and suffering. repudiation; or regulated entity, or a receiver, that are proven ‘‘(C) MEASURE OF DAMAGES FOR REPUDIATION ‘‘(ii) remain in possession of such real prop- to the satisfaction of the receiver shall have pri- OF FINANCIAL CONTRACTS.—In the case of any erty. ority in the following order: qualified financial contract or agreement to ‘‘(B) PROVISIONS APPLICABLE TO PURCHASER ‘‘(A) Administrative expenses of the receiver. which paragraph (8) applies, compensatory REMAINING IN POSSESSION.—If any purchaser of ‘‘(B) Any other general or senior liability of damages shall be— real property under any contract described the regulated entity and claims of other Federal ‘‘(i) deemed to include normal and reasonable under subparagraph (A) remains in possession home loan banks arising from their payment ob- costs of cover or other reasonable measures of of such property under clause (ii) of such sub- ligations (including joint and several payment damages utilized in the industries for such con- paragraph— obligations). tract and agreement claims; and ‘‘(i) the purchaser— ‘‘(C) Any obligation subordinated to general ‘‘(ii) paid in accordance with this subsection ‘‘(I) shall continue to make all payments due creditors. ‘‘(D) Any obligation to shareholders or mem- and subsection (e), except as otherwise specifi- under the contract after the date of the repudi- bers arising as a result of their status as share- cally provided in this section. ation of the contract; and EASES UNDER WHICH THE REGULATED EN- holder or members. ‘‘(4) L ‘‘(II) may offset against any such payments TITY IS THE LESSEE ‘‘(2) CREDITORS SIMILARLY SITUATED.—All .— any damages which accrue after such date due creditors that are similarly situated under para- ‘‘(A) IN GENERAL.—If the conservator or re- to the nonperformance (after such date) of any graph (1) shall be treated in a similar manner, ceiver disaffirms or repudiates a lease under obligation of the regulated entity under the con- except that the Agency may make such other which the regulated entity was the lessee, the tract; and payments to creditors necessary to maximize the conservator or receiver shall not be liable for ‘‘(ii) the conservator or receiver shall— present value return from the sale or disposition any damages (other than damages determined ‘‘(I) not be liable to the purchaser for any or such regulated entity’s assets or to minimize under subparagraph (B)) for the disaffirmance damages arising after such date as a result of the amount of any loss realized in the resolution or repudiation of such lease. the repudiation other than the amount of any of cases so long as all creditors similarly situ- ‘‘(B) PAYMENTS OF RENT.—Notwithstanding offset allowed under clause (i)(II); ated receive not less than the amount provided subparagraph (A), the lessor under a lease to ‘‘(II) deliver title to the purchaser in accord- under subsection (e)(2). which that subparagraph applies shall— ance with the provisions of the contract; and ‘‘(3) DEFINITION.—The term ‘administrative ‘‘(i) be entitled to the contractual rent accru- ‘‘(III) have no obligation under the contract expenses of the receiver’ shall include the ac- ing before the later of the date— other than the performance required under sub- tual, necessary costs and expenses incurred by ‘‘(I) the notice of disaffirmance or repudiation clause (II). the receiver in preserving the assets of the regu- is mailed; or ‘‘(C) ASSIGNMENT AND SALE ALLOWED.— lated entity or liquidating or otherwise resolving ‘‘(II) the disaffirmance or repudiation becomes ‘‘(i) IN GENERAL.—No provision of this para- the affairs of the regulated entity. Such ex- effective, unless the lessor is in default or graph shall be construed as limiting the right of penses shall include obligations that are in- breach of the terms of the lease; the conservator or receiver to assign the concurred by the receiver after appointment as re- ‘‘(ii) have no claim for damages under any ac- tract described under subparagraph (A), and ceiver that the Director determines are nec- celeration clause or other penalty provision in sell the property subject to the contract and the essary and appropriate to facilitate the smooth the lease; and provisions of this paragraph. and orderly liquidation or other resolution of ‘‘(iii) have a claim for any unpaid rent, sub- ‘‘(ii) NO LIABILITY AFTER ASSIGNMENT AND the regulated entity. ject to all appropriate offsets and defenses, due SALE.—If an assignment and sale described ‘‘(d) PROVISIONS RELATING TO CONTRACTS EN- as of the date of the appointment, which shall under clause (i) is consummated, the conser- TERED INTO BEFORE APPOINTMENT OF CONSER- be paid in accordance with this subsection and vator or receiver shall have no further liability VATOR OR RECEIVER.— subsection (e). under the contract described under subpara- ‘‘(1) AUTHORITY TO REPUDIATE CONTRACTS.— ‘‘(5) LEASES UNDER WHICH THE REGULATED EN- graph (A), or with respect to the real property In addition to any other rights a conservator or TITY IS THE LESSOR.— which was the subject of such contract. receiver may have, the conservator or receiver ‘‘(A) IN GENERAL.—If the conservator or re- ‘‘(7) PROVISIONS APPLICABLE TO SERVICE CON- for any regulated entity may disaffirm or repu- ceiver repudiates an unexpired written lease of TRACTS.— diate any contract or lease— real property of the regulated entity under ‘‘(A) SERVICES PERFORMED BEFORE APPOINT- ‘‘(A) to which such regulated entity is a which the regulated entity is the lessor and the MENT.—In the case of any contract for services party; lessee is not, as of the date of such repudiation, between any person and any regulated entity ‘‘(B) the performance of which the conser- in default, the lessee under such lease may ei- for which the Agency has been appointed con- vator or receiver, in its sole discretion, deter- ther— servator or receiver, any claim of such person mines to be burdensome; and ‘‘(i) treat the lease as terminated by such re- for services performed before the appointment of ‘‘(C) the disaffirmance or repudiation of pudiation; or the conservator or the receiver shall be— which the conservator or receiver determines, in ‘‘(ii) remain in possession of the leasehold in- ‘‘(i) a claim to be paid in accordance with sub- its sole discretion, will promote the orderly ad- terest for the balance of the term of the lease, sections (b) and (e); and ministration of the affairs of the regulated enti- unless the lessee defaults under the terms of the ‘‘(ii) deemed to have arisen as of the date the ty. lease after the date of such repudiation. conservator or receiver was appointed. ‘‘(2) TIMING OF REPUDIATION.—The conser- ‘‘(B) PROVISIONS APPLICABLE TO LESSEE RE- ‘‘(B) SERVICES PERFORMED AFTER APPOINT- vator or receiver shall determine whether or not MAINING IN POSSESSION.—If any lessee under a MENT AND PRIOR TO REPUDIATION.—If, in the to exercise the rights of repudiation under this lease described under subparagraph (A) remains case of any contract for services described under subsection within a reasonable period following in possession of a leasehold interest under subparagraph (A), the conservator or receiver such appointment. clause (ii) of such subparagraph— accepts performance by the other person before

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00162 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23841 the conservator or receiver makes any deter- of deposit, or mortgage loans or interests therein ‘‘(VIII) any option to enter into any agree- mination to exercise the right of repudiation of (including any interest therein or based on the ment or transaction referred to in this clause; such contract under this section— value thereof) or any option on any of the fore- ‘‘(IX) a master agreement that provides for an ‘‘(i) the other party shall be paid under the going, including any option to purchase or sell agreement or transaction referred to in sub- terms of the contract for the services performed; any such security, certificate of deposit, mort- clause (I), (II), (III), (IV), (V), (VI), (VII), or and gage loan, interest, group or index, or option, (VIII), together with all supplements to any ‘‘(ii) the amount of such payment shall be and including any repurchase or reverse repur- such master agreement, without regard to treated as an administrative expense of the con- chase transaction on any such security, certifi- whether the master agreement provides for an servatorship or receivership. cate of deposit, mortgage loan, interest, group or agreement or transaction that is not a com- ‘‘(C) ACCEPTANCE OF PERFORMANCE NO BAR TO index, or option; modity contract under this clause, except that SUBSEQUENT REPUDIATION.—The acceptance by ‘‘(II) does not include any purchase, sale, or the master agreement shall be considered to be a any conservator or receiver of services referred repurchase obligation under a participation in a commodity contract under this clause only with to under subparagraph (B) in connection with a commercial mortgage loan unless the Agency de- respect to each agreement or transaction under contract described in such subparagraph shall termines by regulation, resolution, or order to the master agreement that is referred to in sub- not affect the right of the conservator or re- include any such agreement within the meaning clause (I), (II), (III), (IV), (V), (VI), (VII), or ceiver to repudiate such contract under this sec- of such term; (VIII); or tion at any time after such performance. ‘‘(III) means any option entered into on a na- ‘‘(X) any security agreement or arrangement ‘‘(8) CERTAIN QUALIFIED FINANCIAL CON- tional securities exchange relating to foreign or other credit enhancement related to any TRACTS.— currencies; agreement or transaction referred to in this ‘‘(A) RIGHTS OF PARTIES TO CONTRACTS.—Sub- ‘‘(IV) means the guarantee by or to any secu- clause, including any guarantee or reimburse- ject to paragraphs (9) and (10) and notwith- rities clearing agency of any settlement of cash, ment obligation in connection with any agree- standing any other provision of this Act, any securities, certificates of deposit, mortgage loans ment or transaction referred to in this clause. other Federal law, or the law of any State, no or interests therein, group or index of securities, ‘‘(iv) FORWARD CONTRACT.—The term ‘forward person shall be stayed or prohibited from exer- certificates of deposit, or mortgage loans or in- contract’ means— cising— terests therein (including any interest therein or ‘‘(I) a contract (other than a commodity con- ‘‘(i) any right such person has to cause the based on the value thereof) or option on any of tract) for the purchase, sale, or transfer of a termination, liquidation, or acceleration of any the foregoing, including any option to purchase commodity or any similar good, article, service, qualified financial contract with a regulated en- or sell any such security, certificate of deposit, right, or interest which is presently or in the fu- tity that arises upon the appointment of the mortgage loan, interest, group or index, or op- ture becomes the subject of dealing in the for- Agency as receiver for such regulated entity at tion; ward contract trade, or product or byproduct any time after such appointment; ‘‘(V) means any margin loan; thereof, with a maturity date more than 2 days ‘‘(ii) any right under any security agreement ‘‘(VI) means any other agreement or trans- after the date the contract is entered into, in- or arrangement or other credit enhancement reaction that is similar to any agreement or trans- cluding, a repurchase transaction, reverse relating to one or more qualified financial con- action referred to in this clause; purchase transaction, consignment, lease, swap, tracts described in clause (i); or ‘‘(VII) means any combination of the agree- hedge transaction, deposit, loan, option, allo- ‘‘(iii) any right to offset or net out any termi- ments or transactions referred to in this clause; cated transaction, unallocated transaction, or nation value, payment amount, or other trans- ‘‘(VIII) means any option to enter into any any other similar agreement; ‘‘(II) any combination of agreements or transfer obligation arising under or in connection agreement or transaction referred to in this actions referred to in subclauses (I) and (III); with 1 or more contracts and agreements de- clause; ‘‘(III) any option to enter into any agreement scribed in clause (i), including any master ‘‘(IX) means a master agreement that provides or transaction referred to in subclause (I) or agreement for such contracts or agreements. for an agreement or transaction referred to in (II); ‘‘(B) APPLICABILITY OF OTHER PROVISIONS.— subclause (I), (III), (IV), (V), (VI), (VII), or ‘‘(IV) a master agreement that provides for an Paragraph (10) of subsection (b) shall apply in (VIII), together with all supplements to any agreement or transaction referred to in sub- the case of any judicial action or proceeding such master agreement, without regard to clauses (I), (II), or (III), together with all sup- brought against any receiver referred to under whether the master agreement provides for an plements to any such master agreement, without subparagraph (A), or the regulated entity for agreement or transaction that is not a securities regard to whether the master agreement pro- which such receiver was appointed, by any contract under this clause, except that the mas- vides for an agreement or transaction that is not party to a contract or agreement described ter agreement shall be considered to be a securi- a forward contract under this clause, except under subparagraph (A)(i) with such regulated ties contract under this clause only with respect that the master agreement shall be considered to entity. to each agreement or transaction under the mas- be a forward contract under this clause only ‘‘(C) CERTAIN TRANSFERS NOT AVOIDABLE.— ter agreement that is referred to in subclause (I), with respect to each agreement or transaction ‘‘(i) IN GENERAL.—Notwithstanding paragraph (III), (IV), (V), (VI), (VII), or (VIII); and under the master agreement that is referred to (11) or any other Federal or State laws relating ‘‘(X) means any security agreement or ar- in subclause (I), (II), or (III); or to the avoidance of preferential or fraudulent rangement or other credit enhancement related ‘‘(V) any security agreement or arrangement transfers, the Agency, whether acting as such or to any agreement or transaction referred to in or other credit enhancement related to any as conservator or receiver of a regulated entity, this clause, including any guarantee or reim- agreement or transaction referred to in sub- may not avoid any transfer of money or other bursement obligation in connection with any clause (I), (II), (III), or (IV), including any property in connection with any qualified fi- agreement or transaction referred to in this guarantee or reimbursement obligation in con- nancial contract with a regulated entity. clause. nection with any agreement or transaction re- ‘‘(ii) EXCEPTION FOR CERTAIN TRANSFERS.— ‘‘(iii) COMMODITY CONTRACT.—The term ‘com- ferred to in any such subclause. Clause (i) shall not apply to any transfer of modity contract’ means— ‘‘(v) REPURCHASE AGREEMENT.—The term ‘re- money or other property in connection with any ‘‘(I) with respect to a futures commission mer- purchase agreement’ (which definition also ap- qualified financial contract with a regulated en- chant, a contract for the purchase or sale of a plies to a reverse repurchase agreement)— tity if the Agency determines that the transferee commodity for future delivery on, or subject to ‘‘(I) means an agreement, including related had actual intent to hinder, delay, or defraud the rules of, a contract market or board of trade; terms, which provides for the transfer of one or such regulated entity, the creditors of such reg- ‘‘(II) with respect to a foreign futures commis- more certificates of deposit, mortgage-related se- ulated entity, or any conservator or receiver ap- sion merchant, a foreign future; curities (as such term is defined in the Securities pointed for such regulated entity. ‘‘(III) with respect to a leverage transaction Exchange Act of 1934), mortgage loans, interests ‘‘(D) CERTAIN CONTRACTS AND AGREEMENTS merchant, a leverage transaction; in mortgage-related securities or mortgage loans, DEFINED.—In this subsection: ‘‘(IV) with respect to a clearing organization, eligible bankers’ acceptances, qualified foreign ‘‘(i) QUALIFIED FINANCIAL CONTRACT.—The a contract for the purchase or sale of a com- government securities or securities that are di- term ‘qualified financial contract’ means any modity for future delivery on, or subject to the rect obligations of, or that are fully guaranteed securities contract, commodity contract, forward rules of, a contract market or board of trade by, the United States or any agency of the contract, repurchase agreement, swap agree- that is cleared by such clearing organization, or United States against the transfer of funds by ment, and any similar agreement that the Agen- commodity option traded on, or subject to the the transferee of such certificates of deposit, eli- cy determines by regulation, resolution, or order rules of, a contract market or board of trade gible bankers’ acceptances, securities, mortgage to be a qualified financial contract for purposes that is cleared by such clearing organization; loans, or interests with a simultaneous agree- of this paragraph. ‘‘(V) with respect to a commodity options ment by such transferee to transfer to the trans- ‘‘(ii) SECURITIES CONTRACT.—The term ‘securi- dealer, a commodity option; feror thereof certificates of deposit, eligible ties contract’— ‘‘(VI) any other agreement or transaction that bankers’ acceptances, securities, mortgage ‘‘(I) means a contract for the purchase, sale, is similar to any agreement or transaction re- loans, or interests as described above, at a date or loan of a security, a certificate of deposit, a ferred to in this clause; certain not later than 1 year after such trans- mortgage loan, or any interest in a mortgage ‘‘(VII) any combination of the agreements or fers or on demand, against the transfer of loan, a group or index of securities, certificates transactions referred to in this clause; funds, or any other similar agreement;

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00163 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23842 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(II) does not include any repurchase obliga- the master agreement shall be considered to be a ‘‘(ii) WALKAWAY CLAUSE DEFINED.—For pur- tion under a participation in a commercial mort- swap agreement under this clause only with re- poses of this subparagraph, the term ‘walkaway gage loan unless the Agency determines by regu- spect to each agreement or transaction under clause’ means a provision in a qualified finan- lation, resolution, or order to include any such the master agreement that is referred to in sub- cial contract that, after calculation of a value of participation within the meaning of such term; clause (I), (II), (III), or (IV); and a party’s position or an amount due to or from ‘‘(III) means any combination of agreements ‘‘(VI) any security agreement or arrangement 1 of the parties in accordance with its terms or transactions referred to in subclauses (I) and or other credit enhancement related to any upon termination, liquidation, or acceleration of (IV); agreements or transactions referred to in sub- the qualified financial contract, either does not ‘‘(IV) means any option to enter into any clause (I), (II), (III), (IV), or (V), including any create a payment obligation of a party or extin- agreement or transaction referred to in sub- guarantee or reimbursement obligation in con- guishes a payment obligation of a party in clause (I) or (III); nection with any agreement or transaction re- whole or in part solely because of such party’s ‘‘(V) means a master agreement that provides ferred to in any such subclause. status as a nondefaulting party. for an agreement or transaction referred to in Such term is applicable for purposes of this sub- ‘‘(9) TRANSFER OF QUALIFIED FINANCIAL CON- subclause (I), (III), or (IV), together with all section only and shall not be construed or ap- TRACTS.—In making any transfer of assets or li- supplements to any such master agreement, plied so as to challenge or affect the character- abilities of a regulated entity in default which without regard to whether the master agreement ization, definition, or treatment of any swap includes any qualified financial contract, the provides for an agreement or transaction that is agreement under any other statute, regulation, conservator or receiver for such regulated entity not a repurchase agreement under this clause, or rule, including the Securities Act of 1933, the shall either— except that the master agreement shall be con- Securities Exchange Act of 1934, the Public Util- ‘‘(A) transfer to 1 person— sidered to be a repurchase agreement under this ity Holding Company Act of 1935, the Trust In- ‘‘(i) all qualified financial contracts between subclause only with respect to each agreement denture Act of 1939, the Investment Company any person (or any affiliate of such person) and or transaction under the master agreement that Act of 1940, the Investment Advisers Act of 1940, the regulated entity in default; is referred to in subclause (I), (III), or (IV); and the Securities Investor Protection Act of 1970, ‘‘(ii) all claims of such person (or any affiliate ‘‘(VI) means any security agreement or ar- the Commodity Exchange Act, the Gramm- of such person) against such regulated entity rangement or other credit enhancement related Leach-Bliley Act, and the Legal Certainty for under any such contract (other than any claim to any agreement or transaction referred to in Bank Products Act of 2000. which, under the terms of any such contract, is subclause (I), (III), (IV), or (V), including any ‘‘(vii) TREATMENT OF MASTER AGREEMENT AS subordinated to the claims of general unsecured guarantee or reimbursement obligation in con- ONE AGREEMENT.—Any master agreement for creditors of such regulated entity); nection with any agreement or transaction re- any contract or agreement described in any pre- ‘‘(iii) all claims of such regulated entity ferred to in any such subclause. ceding clause of this subparagraph (or any mas- against such person (or any affiliate of such For purposes of this clause, the term ‘qualified ter agreement for such master agreement or person) under any such contract; and foreign government security’ means a security agreements), together with all supplements to ‘‘(iv) all property securing or any other credit that is a direct obligation of, or that is fully such master agreement, shall be treated as a sin- enhancement for any contract described in guaranteed by, the central government of a gle agreement and a single qualified financial clause (i) or any claim described in clause (ii) or member of the Organization for Economic Co- contract. If a master agreement contains provi- (iii) under any such contract; or operation and Development (as determined by sions relating to agreements or transactions that ‘‘(B) transfer none of the financial contracts, regulation or order adopted by the appropriate are not themselves qualified financial contracts, claims, or property referred to under subpara- Federal banking authority). the master agreement shall be deemed to be a graph (A) (with respect to such person and any ‘‘(vi) SWAP AGREEMENT.—The term ‘swap qualified financial contract only with respect to affiliate of such person). agreement’ means— those transactions that are themselves qualified ‘‘(10) NOTIFICATION OF TRANSFER.— ‘‘(I) any agreement, including the terms and financial contracts. ‘‘(A) IN GENERAL.—If— conditions incorporated by reference in any ‘‘(viii) TRANSFER.—The term ‘transfer’ means ‘‘(i) the conservator or receiver for a regulated such agreement, which is an interest rate swap, every mode, direct or indirect, absolute or condi- entity in default makes any transfer of the as- option, future, or forward agreement, including tional, voluntary or involuntary, of disposing of sets and liabilities of such regulated entity, and a rate floor, rate cap, rate collar, cross-currency or parting with property or with an interest in ‘‘(ii) the transfer includes any qualified finan- rate swap, and basis swap; a spot, same day-to- property, including retention of title as a secu- cial contract, morrow, tomorrow-next, forward, or other for- rity interest and foreclosure of the regulated en- the conservator or receiver shall notify any per- eign exchange or precious metals agreement; a tity’s equity of redemption. son who is a party to any such contract of such ‘‘(E) CERTAIN PROTECTIONS IN EVENT OF AP- currency swap, option, future, or forward agree- transfer by 5:00 p.m. (eastern time) on the busi- POINTMENT OF CONSERVATOR.—Notwithstanding ment; an equity index or equity swap, option, ness day following the date of the appointment any other provision of this Act (other than future, or forward agreement; a debt index or of the receiver in the case of a receivership, or paragraph (13) of this subsection), any other debt swap, option, future, or forward agree- the business day following such transfer in the Federal law, or the law of any State, no person ment; a total return, credit spread or credit case of a conservatorship. shall be stayed or prohibited from exercising— ‘‘(B) CERTAIN RIGHTS NOT ENFORCEABLE.— swap, option, future, or forward agreement; a ‘‘(i) any right such person has to cause the ‘‘(i) RECEIVERSHIP.—A person who is a party commodity index or commodity swap, option, fu- termination, liquidation, or acceleration of any to a qualified financial contract with a regu- ture, or forward agreement; or a weather swap, qualified financial contract with a regulated en- lated entity may not exercise any right that weather derivative, or weather option; tity in a conservatorship based upon a default ‘‘(II) any agreement or transaction that is such person has to terminate, liquidate, or net under such financial contract which is enforce- similar to any other agreement or transaction such contract under paragraph (8)(A) of this able under applicable noninsolvency law; referred to in this clause and that is of a type ‘‘(ii) any right under any security agreement subsection or section 403 or 404 of the Federal that has been, is presently, or in the future be- or arrangement or other credit enhancement re- Deposit Insurance Corporation Improvement Act comes, the subject of recurrent dealings in the lating to one or more such qualified financial of 1991, solely by reason of or incidental to the swap markets (including terms and conditions contracts; or appointment of a receiver for the regulated enti- incorporated by reference in such agreement) ‘‘(iii) any right to offset or net out any termi- ty (or the insolvency or financial condition of and that is a forward, swap, future, or option nation values, payment amounts, or other trans- the regulated entity for which the receiver has on one or more rates, currencies, commodities, fer obligations arising under or in connection been appointed)— equity securities or other equity instruments, with such qualified financial contracts. ‘‘(I) until 5:00 p.m. (eastern time) on the busi- debt securities or other debt instruments, quan- ‘‘(F) CLARIFICATION.—No provision of law ness day following the date of the appointment titative measures associated with an occurrence, shall be construed as limiting the right or power of the receiver; or extent of an occurrence, or contingency associ- of the Agency, or authorizing any court or ‘‘(II) after the person has received notice that ated with a financial, commercial, or economic agency to limit or delay, in any manner, the the contract has been transferred pursuant to consequence, or economic or financial indices or right or power of the Agency to transfer any paragraph (9)(A). measures of economic or financial risk or value; qualified financial contract in accordance with ‘‘(ii) CONSERVATORSHIP.—A person who is a ‘‘(III) any combination of agreements or paragraphs (9) and (10) of this subsection or to party to a qualified financial contract with a transactions referred to in this clause; disaffirm or repudiate any such contract in ac- regulated entity may not exercise any right that ‘‘(IV) any option to enter into any agreement cordance with subsection (d)(1) of this section. such person has to terminate, liquidate, or net or transaction referred to in this clause; ‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.— such contract under paragraph (8)(E) of this ‘‘(V) a master agreement that provides for an ‘‘(i) IN GENERAL.—Notwithstanding the provi- subsection or section 403 or 404 of the Federal agreement or transaction referred to in sub- sions of subparagraphs (A) and (E), and sec- Deposit Insurance Corporation Improvement Act clause (I), (II), (III), or (IV), together with all tions 403 and 404 of the Federal Deposit Insur- of 1991, solely by reason of or incidental to the supplements to any such master agreement, ance Corporation Improvement Act of 1991, no appointment of a conservator for the regulated without regard to whether the master agreement walkaway clause shall be enforceable in a quali- entity (or the insolvency or financial condition contains an agreement or transaction that is not fied financial contract of a regulated entity in of the regulated entity for which the conser- a swap agreement under this clause, except that default. vator has been appointed).

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00164 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23843

‘‘(iii) NOTICE.—For purposes of this para- ment of any similar terms under any other stat- of this subsection. The Director shall grant a graph, the Agency as receiver or conservator of ute, regulation, or rule, including the Gramm- temporary charter to the limited-life regulated a regulated entity shall be deemed to have noti- Leach-Bliley Act, the Legal Certainty for Bank entity, and the limited-life regulated entity shall fied a person who is a party to a qualified fi- Products Act of 2000, the securities laws (as that operate subject to that charter. nancial contract with such regulated entity if term is defined in section 3(a)(47) of the Securi- ‘‘(B) AUTHORITIES.—Upon the creation of a the Agency has taken steps reasonably cal- ties Exchange Act of 1934), and the Commodity limited-life regulated entity under subparagraph culated to provide notice to such person by the Exchange Act (A), the limited-life regulated entity may— time specified in subparagraph (A). ‘‘(15) EXCEPTION FOR FEDERAL RESERVE AND ‘‘(i) assume such liabilities of the regulated ‘‘(C) BUSINESS DAY DEFINED.—For purposes of FEDERAL HOME LOAN BANKS.—No provision of entity that is in default or in danger of default this paragraph, the term ‘business day’ means this subsection shall apply with respect to— as the Agency may, in its discretion, determine any day other than any Saturday, Sunday, or ‘‘(A) any extension of credit from any Federal to be appropriate, provided that the liabilities any day on which either the New York Stock home loan bank or Federal Reserve Bank to any assumed shall not exceed the amount of assets Exchange or the Federal Reserve Bank of New regulated entity; or of the limited-life regulated entity; York is closed. ‘‘(B) any security interest in the assets of the ‘‘(ii) purchase such assets of the regulated en- ‘‘(11) DISAFFIRMANCE OR REPUDIATION OF regulated entity securing any such extension of tity that is in default, or in danger of default, QUALIFIED FINANCIAL CONTRACTS.—In exercising credit. as the Agency may, in its discretion, determine the rights of disaffirmance or repudiation of a ‘‘(e) VALUATION OF CLAIMS IN DEFAULT.— to be appropriate; and conservator or receiver with respect to any ‘‘(1) IN GENERAL.—Notwithstanding any other ‘‘(iii) perform any other temporary function qualified financial contract to which a regu- provision of Federal law or the law of any which the Agency may, in its discretion, pre- lated entity is a party, the conservator or re- State, and regardless of the method which the scribe in accordance with this section. ceiver for such institution shall either— Agency determines to utilize with respect to a ‘‘(2) CHARTER.— ‘‘(A) disaffirm or repudiate all qualified fi- regulated entity in default or in danger of de- ‘‘(A) CONDITIONS.—The Agency may grant a nancial contracts between— fault, including transactions authorized under temporary charter if the Agency determines that ‘‘(i) any person or any affiliate of such per- subsection (i), this subsection shall govern the the continued operation of the regulated entity son; and rights of the creditors of such regulated entity. in default or in danger of default is in the best ‘‘(ii) the regulated entity in default; or ‘‘(2) MAXIMUM LIABILITY.—The maximum li- interest of the national economy and the hous- ‘‘(B) disaffirm or repudiate none of the quali- ability of the Agency, acting as receiver or in ing markets. fied financial contracts referred to in subpara- any other capacity, to any person having a ‘‘(B) TREATMENT AS BEING IN DEFAULT FOR graph (A) (with respect to such person or any claim against the receiver or the regulated enti- CERTAIN PURPOSES.—A limited-life regulated en- affiliate of such person). ty for which such receiver is appointed shall tity shall be treated as a regulated entity in de- ‘‘(12) CERTAIN SECURITY INTERESTS NOT AVOID- equal the lesser of— fault at such times and for such purposes as the ABLE.—No provision of this subsection shall be ‘‘(A) the amount such claimant would have Agency may, in its discretion, determine. construed as permitting the avoidance of any le- received if the Agency had liquidated the assets ‘‘(C) MANAGEMENT.—A limited-life regulated gally enforceable or perfected security interest and liabilities of such regulated entity without entity, upon the granting of its charter, shall be in any of the assets of any regulated entity, ex- exercising the authority of the Agency under under the management of a board of directors cept where such an interest is taken in con- subsection (i) of this section; or consisting of not fewer than 5 nor more than 10 templation of the insolvency of the regulated en- ‘‘(B) the amount of proceeds realized from the members appointed by the Agency. tity, or with the intent to hinder, delay, or de- performance of contracts or sale of the assets of ‘‘(D) BYLAWS.—The board of directors of a fraud the regulated entity or the creditors of the regulated entity. limited-life regulated entity shall adopt such by- such regulated entity. ‘‘(f) LIMITATION ON COURT ACTION.—Except laws as may be approved by the Agency. ‘‘(13) AUTHORITY TO ENFORCE CONTRACTS.— as provided in this section or at the request of ‘‘(3) CAPITAL STOCK.—No capital stock need be ‘‘(A) IN GENERAL.—Notwithstanding any pro- the Director, no court may take any action to paid into a limited-life regulated entity by the vision of a contract providing for termination, restrain or affect the exercise of powers or func- Agency. default, acceleration, or exercise of rights upon, tions of the Agency as a conservator or a re- ‘‘(4) INVESTMENTS.—Funds of a limited-life or solely by reason of, insolvency or the ap- ceiver. regulated entity shall be kept on hand in cash, pointment of a conservator or receiver, the con- ‘‘(g) LIABILITY OF DIRECTORS AND OFFICERS.— invested in obligations of the United States or servator or receiver may enforce any contract or ‘‘(1) IN GENERAL.—A director or officer of a obligations guaranteed as to principal and in- regulated entity bond entered into by the regu- regulated entity may be held personally liable terest by the United States, or deposited with lated entity. for monetary damages in any civil action by, on the Agency, or any Federal Reserve bank. ‘‘(B) CERTAIN RIGHTS NOT AFFECTED.—No pro- behalf of, or at the request or direction of the ‘‘(5) EXEMPT STATUS.—Notwithstanding any vision of this paragraph may be construed as Agency, which action is prosecuted wholly or other provision of Federal or State law, the lim- impairing or affecting any right of the conser- partially for the benefit of the Agency— ited-life regulated entity, its franchise, property, vator or receiver to enforce or recover under a ‘‘(A) acting as conservator or receiver of such and income shall be exempt from all taxation director’s or officer’s liability insurance contract regulated entity, or now or hereafter imposed by the United States, or surety bond under other applicable law. ‘‘(B) acting based upon a suit, claim, or cause by any territory, dependency, or possession ‘‘(C) CONSENT REQUIREMENT.— of action purchased from, assigned by, or other- thereof, or by any State, county, municipality, ‘‘(i) IN GENERAL.—Except as otherwise pro- wise conveyed by such receiver or conservator, or local taxing authority. vided under this section, no person may exercise for gross negligence, including any similar con- ‘‘(6) WINDING UP.— any right or power to terminate, accelerate, or duct or conduct that demonstrates a greater dis- ‘‘(A) IN GENERAL.—Subject to subparagraph declare a default under any contract to which a regard of a duty of care (than gross negligence) (B), unless Congress authorizes the sale of the regulated entity is a party, or to obtain posses- including intentional tortious conduct, as such capital stock of the limited-life regulated entity, sion of or exercise control over any property of terms are defined and determined under applica- not later than 2 years after the date of its orga- the regulated entity, or affect any contractual ble State law. nization, the Agency shall wind up the affairs rights of the regulated entity, without the con- ‘‘(2) NO LIMITATION.—Nothing in this para- of the limited-life regulated entity. sent of the conservator or receiver, as appro- graph shall impair or affect any right of the ‘‘(B) EXTENSION.—The Director may, in the priate, for a period of— Agency under other applicable law. discretion of the Director, extend the status of ‘‘(I) 45 days after the date of appointment of ‘‘(h) DAMAGES.—In any proceeding related to the limited-life regulated entity for 3 additional a conservator; or any claim against a director, officer, employee, 1-year periods. ‘‘(II) 90 days after the date of appointment of agent, attorney, accountant, appraiser, or any ‘‘(7) TRANSFER OF ASSETS AND LIABILITIES.— a receiver. other party employed by or providing services to ‘‘(A) IN GENERAL.— ‘‘(ii) EXCEPTIONS.—This paragraph shall— a regulated entity, recoverable damages deter- ‘‘(i) TRANSFER OF ASSETS AND LIABILITIES.— ‘‘(I) not apply to a director’s or officer’s liabil- mined to result from the improvident or other- The Agency, as receiver, may transfer any as- ity insurance contract; wise improper use or investment of any assets of sets and liabilities of a regulated entity in de- ‘‘(II) not apply to the rights of parties to any the regulated entity shall include principal fault, or in danger of default, to the limited-life qualified financial contracts under subsection losses and appropriate interest. regulated entity in accordance with paragraph (d)(8); and ‘‘(i) LIMITED-LIFE REGULATED ENTITIES.— (1). ‘‘(III) not be construed as permitting the con- ‘‘(1) ORGANIZATION.— ‘‘(ii) SUBSEQUENT TRANSFERS.—At any time servator or receiver to fail to comply with other- ‘‘(A) PURPOSE.—If a regulated entity is in de- after a charter is transferred to a limited-life wise enforceable provisions of such contracts. fault, or if the Agency anticipates that a regu- regulated entity, the Agency, as receiver, may ‘‘(14) SAVINGS CLAUSE.—The meanings of lated entity will default, the Agency may orga- transfer any assets and liabilities of such regu- terms used in this subsection are applicable for nize a limited-life regulated entity with those lated entity in default, or in danger in default, purposes of this subsection only, and shall not powers and attributes of the regulated entity in as the Agency may, in its discretion, determine be construed or applied so as to challenge or af- default or in danger of default that the Director to be appropriate in accordance with paragraph fect the characterization, definition, or treat- determines necessary, subject to the provisions (1).

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00165 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23844 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(iii) EFFECTIVE WITHOUT APPROVAL.—The ‘‘(D) AFFECT ON DEBTS AND LIENS.—The rever- in the nature of penalties or fines, including transfer of any assets or liabilities of a regulated sal or modification on appeal of an authoriza- those arising from the failure of any person to entity in default, or in danger of default, trans- tion under this paragraph to obtain credit or pay any real property, personal property, pro- ferred to a limited-life regulated entity shall be incur debt, or of a grant under this section of a bate, or recording tax or any recording or filing effective without any further approval under priority or a lien, does not affect the validity of fees when due. Federal or State law, assignment, or consent any debt so incurred, or any priority or lien so ‘‘(k) PROHIBITION OF CHARTER REVOCATION.— with respect thereto. granted, to an entity that extended such credit In no case may a receiver appointed pursuant to ‘‘(8) PROCEEDS.—To the extent that available in good faith, whether or not such entity knew this section revoke, annul, or terminate the proceeds from the limited-life regulated entity of the pendency of the appeal, unless such au- charter of a regulated entity.’’. exceed amounts required to pay obligations, thorization and the incurring of such debt, or (b) CONFORMING AMENDMENTS.—Subtitle B of such proceeds may be paid to the regulated enti- the granting of such priority or lien, were title XIII of the Housing and Community Devel- ty in default, or in danger of default. stayed pending appeal. opment Act of 1992 is amended by striking sec- ‘‘(9) POWERS.— ‘‘(11) ISSUANCE OF PREFERRED DEBT.—A lim- tions 1369 (12 U.S.C. 4619), 1369A (12 U.S.C. ‘‘(A) IN GENERAL.—Each limited-life regulated ited-life regulated entity may, subject to the ap- 4620), and 1369B (12 U.S.C. 4621). entity created under this subsection shall have proval of the Director and subject to such terms SEC. 145. CONFORMING AMENDMENTS. all corporate powers of, and be subject to the and conditions as the Director may prescribe, Title XIII of the Housing and Community De- same provisions of law as, the regulated entity issue notes, bonds, or other debt obligations of a velopment Act of 1992, as amended by the pre- in default or in danger of default to which it re- class to which all other debt obligations of the ceding provisions of this Act, is further amend- lates, except that— limited-life regulated entity shall be subordinate ed— ‘‘(i) the Agency may— in right and payment. (1) in sections 1365 (12 U.S.C. 4615) through ‘‘(I) remove the directors of a limited-life regu- ‘‘(12) NO FEDERAL STATUS.— 1369D (12 U.S.C. 4623), but not including section lated entity; and ‘‘(A) AGENCY STATUS.—A limited-life regulated 1367 (12 U.S.C. 4617) as added by section 144 of ‘‘(II) fix the compensation of members of the entity is not an agency, establishment, or in- this Act— board of directors and senior management, as strumentality of the United States. (A) by striking ‘‘An enterprise’’ each place determined by the Agency in its discretion, of a ‘‘(B) EMPLOYEE STATUS.—Representatives for such term appears and inserting ‘‘A regulated limited-life regulated entity; purposes of paragraph (1)(B), interim directors, entity’’; ‘‘(ii) the Agency may indemnify the represent- directors, officers, employees, or agents of a lim- (B) by striking ‘‘an enterprise’’ each place atives for purposes of paragraph (1)(B), and the ited-life regulated entity are not, solely by vir- such term appears and inserting ‘‘a regulated directors, officers, employees, and agents of a tue of service in any such capacity, officers or entity’’; and limited-life regulated entity on such terms as the employees of the United States. Any employee of (C) by striking ‘‘the enterprise’’ each place Agency determines to be appropriate; and the Agency or of any Federal instrumentality such term appears and inserting ‘‘the regulated ‘‘(iii) the board of directors of a limited-life who serves at the request of the Agency as a entity’’; regulated entity— representative for purposes of paragraph (1)(B), (2) in section 1366 (12 U.S.C. 4616)— ‘‘(I) shall elect a chairperson who may also interim director, director, officer, employee, or (A) in subsection (b)(7), by striking ‘‘section serve in the position of chief executive officer, agent of a limited-life regulated entity shall 1369 (excluding subsection (a)(1) and (2))’’ and except that such person shall not serve either as not— inserting ‘‘section 1367’’; and chairperson or as chief executive officer without ‘‘(i) solely by virtue of service in any such ca- (B) in subsection (d), by striking ‘‘the enter- the prior approval of the Agency; and pacity lose any existing status as an officer or prises’’ and inserting ‘‘the regulated entities’’; ‘‘(II) may appoint a chief executive officer employee of the United States for purposes of (3) in section 1368(d) (12 U.S.C. 4618(d)), by who is not also the chairperson, except that title 5, United States Code, or any other provi- striking ‘‘Committee on Banking, Finance and such person shall not serve as chief executive of- sion of law; or Urban Affairs’’ and inserting ‘‘Committee on Fi- ficer without the prior approval of the Agency. ‘‘(ii) receive any salary or benefits for service nancial Services’’; (4) in section 1369C(c) (12 U.S.C. 4622(c)), by ‘‘(B) STAY OF JUDICIAL ACTION.—Any judicial in any such capacity with respect to a limited- action to which a limited-life regulated entity life regulated entity in addition to such salary striking ‘‘any enterprise’’ and inserting ‘‘any becomes a party by virtue of its acquisition of or benefits as are obtained through employment regulated entity’’; and (5) in subsections (a) and (d) of section 1369D, any assets or assumption of any liabilities of a with the Agency or such Federal instrumen- by striking ‘‘section 1366 or 1367 or action under regulated entity in default shall be stayed from tality. section 1369)’’ each place such phrase appears further proceedings for a period of up to 45 days ‘‘(13) ADDITIONAL POWERS.—In addition to at the request of the limited-life regulated enti- any other powers granted under this subsection, and inserting ‘‘section 1367)’’. ty. Such period may be modified upon the con- a limited-life regulated entity may— Subtitle D—Enforcement Actions sent of all parties. ‘‘(A) extend a maturity date or change in an SEC. 161. CEASE-AND-DESIST PROCEEDINGS. ‘‘(10) OBTAINING OF CREDIT AND INCURRING OF interest rate or other term of outstanding securi- Section 1371 of the Housing and Community DEBT.— ties; Development Act of 1992 (12 U.S.C. 4631) is ‘‘(A) IN GENERAL.—The limited-life regulated ‘‘(B) issue securities of the limited-life regu- amended— entity may obtain unsecured credit and incur lated entity, for cash, for property, for existing (1) by striking subsections (a) and (b) and in- unsecured debt in the ordinary course of busi- securities, or in exchange for claims or interests, serting the following new subsections: ness. or for any other appropriate purposes; and ‘‘(a) ISSUANCE FOR UNSAFE OR UNSOUND PRAC- ‘‘(B) INABILITY TO OBTAIN CREDIT.—If the lim- ‘‘(C) take any other action not inconsistent TICES AND VIOLATIONS OF RULES OR LAWS.—If, ited-life regulated entity is unable to obtain un- with this section. in the opinion of the Director, a regulated entity secured credit the Director may authorize the ‘‘(j) OTHER EXEMPTIONS.—When acting as a or any regulated entity-affiliated party is en- obtaining of credit or the incurring of debt— receiver, the following provisions shall apply gaging or has engaged, or the Director has rea- ‘‘(i) with priority over any or all administra- with respect to the Agency: sonable cause to believe that the regulated enti- tive expenses; ‘‘(1) EXEMPTION FROM TAXATION.—The Agen- ty or any regulated entity-affiliated party is ‘‘(ii) secured by a lien on property that is not cy, including its franchise, its capital, reserves, about to engage, in an unsafe or unsound prac- otherwise subject to a lien; or and surplus, and its income, shall be exempt tice in conducting the business of the regulated ‘‘(iii) secured by a junior lien on property that from all taxation imposed by any State, country, entity or is violating or has violated, or the Di- is subject to a lien. municipality, or local taxing authority, except rector has reasonable cause to believe that the ‘‘(C) LIMITATIONS.— that any real property of the Agency shall be regulated entity or any regulated entity-affili- ‘‘(i) IN GENERAL.—The Director, after notice subject to State, territorial, county, municipal, ated party is about to violate, a law, rule, or and a hearing, may authorize the obtaining of or local taxation to the same extent according to regulation, or any condition imposed in writing credit or the incurring of debt secured by a sen- its value as other real property is taxed, except by the Director in connection with the granting ior or equal lien on property that is subject to a that, notwithstanding the failure of any person of any application or other request by the regu- lien (other than mortgages that collateralize the to challenge an assessment under State law of lated entity or any written agreement entered mortgage-backed securities issued or guaranteed the value of such property, and the tax thereon, into with the Director, the Director may issue by the regulated entity) only if— shall be determined as of the period for which and serve upon the regulated entity or such ‘‘(I) the limited-life regulated entity is unable such tax is imposed. party a notice of charges in respect thereof. The to obtain such credit otherwise; and ‘‘(2) EXEMPTION FROM ATTACHMENT AND Director may not, pursuant to this section, en- ‘‘(II) there is adequate protection of the inter- LIENS.—No property of the Agency shall be sub- force compliance with any housing goal estab- est of the holder of the lien on the property ject to levy, attachment, garnishment, fore- lished under subpart B of part 2 of subtitle A of which such senior or equal lien is proposed to be closure, or sale without the consent of the Agen- this title, with section 1336 or 1337 of this title, granted. cy, nor shall any involuntary lien attach to the with subsection (m) or (n) of section 309 of the ‘‘(ii) BURDEN OF PROOF.—In any hearing property of the Agency. Federal National Mortgage Association Charter under this subsection, the Director has the bur- ‘‘(3) EXEMPTION FROM PENALTIES AND FINES.— Act (12 U.S.C. 1723a(m), (n)), with subsection (e) den of proof on the issue of adequate protection. The Agency shall not be liable for any amounts or (f) of section 307 of the Federal Home Loan

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00166 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23845 Mortgage Corporation Act (12 U.S.C. 1456(e), within the jurisdiction of which the head- (iv) by inserting ‘‘, or paragraph (5) or (12) of (f)), or with paragraph (5) of section 10(j) of the quarters of the regulated entity is located, for section 10(j) of the Federal Home Loan Bank Federal Home Loan Bank Act (12 U.S.C. an injunction to enforce such order, and, if the Act’’ before the semicolon at the end; 1430(j)). court determines that there has been such viola- (2) by striking subsection (b) and inserting the ‘‘(b) ISSUANCE FOR UNSATISFACTORY RATING.— tion or threatened violation or failure to obey, it following new subsection: If a regulated entity receives, in its most recent shall be the duty of the court to issue such in- ‘‘(b) AMOUNT OF PENALTY.— report of examination, a less-than-satisfactory junction.’’. ‘‘(1) FIRST TIER.—Any regulated entity which, rating for asset quality, management, earnings, SEC. 163. PREJUDGMENT ATTACHMENT. or any regulated entity-affiliated party who— ‘‘(A) violates any provision of this title, any or liquidity, the Director may (if the deficiency The Housing and Community Development provision of any of the authorizing statutes, or is not corrected) deem the regulated entity to be Act of 1992 is amended by inserting after section any order, condition, rule, or regulation under engaging in an unsafe or unsound practice for 1375 (12 U.S.C. 4635) the following new section: purposes of this subsection.’’; any such title or statute, except that the Direc- ‘‘SEC. 1375A. PREJUDGMENT ATTACHMENT. (2) in subsection (c)(2), by striking ‘‘enter- tor may not, pursuant to this section, enforce ‘‘(a) IN GENERAL.—In any action brought pur- prise, executive officer, or director’’ and insert- compliance with any housing goal established suant to this title, or in actions brought in aid ing ‘‘regulated entity or regulated entity-affili- under subpart B of part 2 of subtitle A of this of, or to enforce an order in, any administrative ated party’’; and title, with section 1336 or 1337 of this title, with or other civil action for money damages, restitu- (3) in subsection (d)— subsection (m) or (n) of section 309 of the Fed- tion, or civil money penalties brought pursuant (A) in the matter preceding paragraph (1), by eral National Mortgage Association Charter Act to this title, the court may, upon application of striking ‘‘enterprise, executive officer, or direc- (12 U.S.C. 1723a(m), (n)), with subsection (e) or the Director or Attorney General, as applicable, tor’’ and inserting ‘‘regulated entity or regu- (f) of section 307 of the Federal Home Loan issue a restraining order that— lated entity-affiliated party’’; Mortgage Corporation Act (12 U.S.C. 1456(e), ‘‘(1) prohibits any person subject to the pro- (B) in paragraph (1)— (f)), or with paragraph (5) or (12) of section 10(j) (i) by striking ‘‘an executive officer or direc- ceeding from withdrawing, transferring, remov- of the Federal Home Loan Bank Act; tor’’ and inserting ‘‘a regulated entity affiliated ing, dissipating, or disposing of any funds, as- ‘‘(B) violates any final or temporary order or party’’; and sets or other property; and notice issued pursuant to this title; (ii) by inserting ‘‘(including reimbursement of ‘‘(2) appoints a person on a temporary basis to ‘‘(C) violates any condition imposed in writing compensation under section 1318)’’ after ‘‘reim- administer the restraining order. by the Director in connection with the grant of bursement’’; ‘‘(b) STANDARD.— any application or other request by such regu- (C) in paragraph (6), by striking ‘‘and’’ at the ‘‘(1) SHOWING.—Rule 65 of the Federal Rules lated entity; end; of Civil Procedure shall apply with respect to ‘‘(D) violates any written agreement between (D) by redesignating paragraph (7) as para- any proceeding under subsection (a) without re- the regulated entity and the Director; or graph (8); and gard to the requirement of such rule that the ‘‘(E) engages in any conduct the Director de- (E) by inserting after paragraph (6) the fol- applicant show that the injury, loss, or damage termines to be an unsafe or unsound practice, lowing new paragraph: is irreparable and immediate. shall forfeit and pay a civil penalty of not more ‘‘(7) to effect an attachment on a regulated ‘‘(2) STATE PROCEEDING.—If, in the case of than $10,000 for each day during which such entity or regulated entity-affiliated party sub- any proceeding in a State court, the court deter- violation continues. ject to an order under this section or section mines that rules of civil procedure available ‘‘(2) SECOND TIER.—Notwithstanding para- 1372; and’’. under the laws of such State provide substan- graph (1)— tially similar protections to a party’s right to ‘‘(A) if a regulated entity, or a regulated enti- SEC. 162. TEMPORARY CEASE-AND-DESIST PRO- due process as Rule 65 (as modified with respect CEEDINGS. ty-affiliated party— to such proceeding by paragraph (1)), the relief ‘‘(i) commits any violation described in any Section 1372 of the Housing and Community sought under subsection (a) may be requested subparagraph of paragraph (1); Development Act of 1992 (12 U.S.C. 4632) is under the laws of such State.’’. ‘‘(ii) recklessly engages in an unsafe or un- amended— sound practice in conducting the affairs of such (1) by striking subsection (a) and inserting the SEC. 164. ENFORCEMENT AND JURISDICTION. regulated entity; or following new subsection: Section 1375 of the Housing and Community ‘‘(iii) breaches any fiduciary duty; and ‘‘(a) GROUNDS FOR ISSUANCE.—Whenever the Development Act of 1992 (12 U.S.C. 4635) is amended— ‘‘(B) the violation, practice, or breach— Director determines that the violation or threat- ‘‘(i) is part of a pattern of misconduct; ened violation or the unsafe or unsound prac- (1) by striking subsection (a) and inserting the following new subsection: ‘‘(ii) causes or is likely to cause more than a tice or practices specified in the notice of minimal loss to such regulated entity; or ‘‘(a) ENFORCEMENT.—The Director may, in the charges served upon the regulated entity or any ‘‘(iii) results in pecuniary gain or other ben- discretion of the Director, apply to the United regulated entity-affiliated party pursuant to efit to such party, the regulated entity or regu- States District Court for the District of Colum- section 1371(a), or the continuation thereof, is lated entity-affiliated party shall forfeit and bia, or the United States district court within likely to cause insolvency or significant dissipa- pay a civil penalty of not more than $50,000 for the jurisdiction of which the headquarters of tion of assets or earnings of the regulated enti- each day during which such violation, practice, the regulated entity is located, for the enforce- ty, or is likely to weaken the condition of the or breach continues. ment of any effective and outstanding notice or regulated entity prior to the completion of the ‘‘(3) THIRD TIER.—Notwithstanding para- order issued under this subtitle or subtitle B, or proceedings conducted pursuant to sections 1371 graphs (1) and (2), any regulated entity which, request that the Attorney General of the United and 1373, the Director may issue a temporary or any regulated entity-affiliated party who— States bring such an action. Such court shall order requiring the regulated entity or such ‘‘(A) knowingly— party to cease and desist from any such viola- have jurisdiction and power to order and re- ‘‘(i) commits any violation or engages in any tion or practice and to take affirmative action to quire compliance with such notice or order.’’; conduct described in any subparagraph of para- prevent or remedy such insolvency, dissipation, and graph (1); condition, or prejudice pending completion of (2) in subsection (b), by striking ‘‘or 1376’’ and ‘‘(ii) engages in any unsafe or unsound prac- such proceedings. Such order may include any inserting ‘‘1376, or 1377’’. tice in conducting the affairs of such regulated requirement authorized under section 1371(d).’’; SEC. 165. CIVIL MONEY PENALTIES. entity; or (2) in subsection (b), by striking ‘‘enterprise, Section 1376 of the Housing and Community ‘‘(iii) breaches any fiduciary duty; and executive officer, or director’’ and inserting Development Act of 1992 (12 U.S.C. 4636) is ‘‘(B) knowingly or recklessly causes a sub- ‘‘regulated entity or regulated entity-affiliated amended— stantial loss to such regulated entity or a sub- party’’; (1) in subsection (a)— stantial pecuniary gain or other benefit to such (3) in subsection (d)— (A) in the matter preceding paragraph (1), by party by reason of such violation, practice, or (A) by striking ‘‘An enterprise, executive offi- striking ‘‘or any executive officer or’’ and in- breach, shall forfeit and pay a civil penalty in cer, or director’’ and inserting ‘‘A regulated en- serting ‘‘any executive officer of a regulated en- an amount not to exceed the applicable max- tity or regulated entity-affiliated party’’; and tity, any regulated entity-affiliated party, or imum amount determined under paragraph (4) (B) by striking ‘‘the enterprise, executive offi- any’’; and for each day during which such violation, prac- cer, or director’’ and inserting ‘‘the regulated (B) in paragraph (1)— tice, or breach continues. entity or regulated entity-affiliated party’’; and (i) by striking ‘‘the Federal National Mort- ‘‘(4) MAXIMUM AMOUNTS OF PENALTIES FOR (4) by striking subsection (e) and in inserting gage Association Charter Act, the Federal Home ANY VIOLATION DESCRIBED IN PARAGRAPH (3).— the following new subsection: Loan Mortgage Corporation Act’’ and inserting The maximum daily amount of any civil penalty ‘‘(e) ENFORCEMENT.—In the case of violation ‘‘any provision of any of the authorizing stat- which may be assessed pursuant to paragraph or threatened violation of, or failure to obey, a utes’’; (3) for any violation, practice, or breach de- temporary cease-and-desist order issued pursu- (ii) by striking ‘‘or Act’’ and inserting ‘‘or scribed in such paragraph is— ant to this section, the Director may apply to statute’’; ‘‘(A) in the case of any person other than a the United States District Court for the District (iii) by striking ‘‘or subsection’’ and inserting regulated entity, an amount not to exceed of Columbia or the United States district court ‘‘, subsection’’; and $2,000,000; and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00167 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23846 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(B) in the case of any regulated entity, subsection (a) to any regulated entity-affiliated ‘‘(e) INDUSTRY-WIDE PROHIBITION.— $2,000,000.’’; party of the Director’s intention to issue an ‘‘(1) IN GENERAL.—Except as provided in para- (3) in subsection (c)(1)(B), by striking ‘‘enter- order under such subsection, the Director may— graph (2), any person who, pursuant to an prise, executive officer, or director’’ and insert- ‘‘(A) suspend such party from office or pro- order issued under this section, has been re- ing ‘‘regulated entity or regulated entity-affili- hibit such party from further participation in moved or suspended from office in a regulated ated party’’; any manner in the conduct of the affairs of the entity or prohibited from participating in the (4) in subsection (d), by striking the first sen- regulated entity, if the Director— conduct of the affairs of a regulated entity may tence and inserting the following: ‘‘If a regu- ‘‘(i) determines that such action is necessary not, while such order is in effect, continue or lated entity or regulated entity-affiliated party for the protection of the regulated entity; and commence to hold any office in, or participate in fails to comply with an order of the Director im- ‘‘(ii) serves such party with written notice of any manner in the conduct of the affairs of, posing a civil money penalty under this section, the suspension order; and any regulated entity. after the order is no longer subject to review as ‘‘(B) prohibit the regulated entity from releas- ‘‘(2) EXCEPTION IF DIRECTOR PROVIDES WRIT- provided under subsection (c)(1) and section ing to or on behalf of the regulated entity-affili- TEN CONSENT.—If, on or after the date an order 1374, the Director may, in the discretion of the ated party any compensation or other payment is issued under this section which removes or Director, bring an action in the United States of money or other thing of current or potential suspends from office any regulated entity-affili- District Court for the District of Columbia, or value in connection with any resignation, re- ated party or prohibits such party from partici- the United States district court within the juris- moval, retirement, or other termination of em- pating in the conduct of the affairs of a regu- diction of which the headquarters of the regu- ployment or office of the party. lated entity, such party receives the written lated entity is located, to obtain a monetary ‘‘(2) EFFECTIVE PERIOD.—Any suspension consent of the Director, the order shall, to the judgment against the regulated entity or regu- order issued under this subsection— extent of such consent, cease to apply to such lated entity affiliated party and such other re- ‘‘(A) shall become effective upon service; and party with respect to the regulated entity de- lief as may be available, or request that the At- ‘‘(B) unless a court issues a stay of such order scribed in the written consent. If the Director torney General of the United States bring such under subsection (g) of this section, shall remain grants such a written consent, it shall publicly an action.’’; and in effect and enforceable until— disclose such consent. ‘‘(i) the date the Director dismisses the (5) in subsection (g), by striking ‘‘subsection ‘‘(3) VIOLATION OF PARAGRAPH (1) TREATED AS charges contained in the notice served under (b)(3)’’ and inserting ‘‘this section, unless au- VIOLATION OF ORDER.—Any violation of para- subsection (a) with respect to such party; or thorized by the Director by rule, regulation, or graph (1) by any person who is subject to an ‘‘(ii) the effective date of an order issued by order’’. order described in such subsection shall be treat- the Director to such party under subsection (a). ed as a violation of the order. SEC. 166. REMOVAL AND PROHIBITION AUTHOR- ‘‘(3) COPY OF ORDER.—If the Director issues a ITY. ‘‘(f) APPLICABILITY.—This section shall only suspension order under this subsection to any apply to a person who is an individual, unless (a) IN GENERAL.—Subtitle C of title XIII of the regulated entity-affiliated party, the Director Housing and Community Development Act of the Director specifically finds that it should shall serve a copy of such order on any regu- apply to a corporation, firm, or other business 1992 is amended— lated entity with which such party is affiliated (1) by redesignating sections 1377, 1378, 1379, enterprise. at the time such order is issued. ‘‘(g) STAY OF SUSPENSION AND PROHIBITION OF 1379A, and 1379B (12 U.S.C. 4637–41) as sections ‘‘(c) NOTICE, HEARING, AND ORDER.—A notice REGULATED ENTITY-AFFILIATED PARTY.—Within 1379, 1379A, 1379B, 1379C, and 1379D, respec- of intention to remove a regulated entity-affili- 10 days after any regulated entity-affiliated tively; and ated party from office or to prohibit such party party has been suspended from office and/or (2) by inserting after section 1376 (12 U.S.C. from participating in the conduct of the affairs prohibited from participation in the conduct of 4636) the following new section: of a regulated entity shall contain a statement the affairs of a regulated entity under this sec- ‘‘SEC. 1377. REMOVAL AND PROHIBITION AU- of the facts constituting grounds for such action, such party may apply to the United States THORITY. tion, and shall fix a time and place at which a District Court for the District of Columbia, or ‘‘(a) AUTHORITY TO ISSUE ORDER.—Whenever hearing will be held on such action. Such hear- the United States district court for the judicial the Director determines that— ing shall be fixed for a date not earlier than 30 district in which the headquarters of the regu- ‘‘(1) any regulated entity-affiliated party has, days nor later than 60 days after the date of lated entity is located, for a stay of such sus- directly or indirectly— service of such notice, unless an earlier or a pension and/or prohibition and any prohibition ‘‘(A) violated— later date is set by the Director at the request of under subsection (b)(1)(B) pending the comple- ‘‘(i) any law or regulation; (1) such party, and for good cause shown, or (2) tion of the administrative proceedings pursuant ‘‘(ii) any cease-and-desist order which has be- the Attorney General of the United States. Un- to the notice served upon such party under this come final; less such party shall appear at the hearing in section, and such court shall have jurisdiction ‘‘(iii) any condition imposed in writing by the person or by a duly authorized representative, to stay such suspension and/or prohibition. Director in connection with the grant of any ap- such party shall be deemed to have consented to ‘‘(h) SUSPENSION OR REMOVAL OF REGULATED plication or other request by such regulated en- the issuance of an order of such removal or pro- ENTITY-AFFILIATED PARTY CHARGED WITH FEL- tity; or hibition. In the event of such consent, or if ONY.— ‘‘(iv) any written agreement between such reg- upon the record made at any such hearing the ‘‘(1) SUSPENSION OR PROHIBITION.— ulated entity and the Director; Director shall find that any of the grounds spec- ‘‘(A) IN GENERAL.—Whenever any regulated ‘‘(B) engaged or participated in any unsafe or ified in such notice have been established, the entity-affiliated party is charged in any infor- unsound practice in connection with any regu- Director may issue such orders of suspension or mation, indictment, or complaint, with the com- lated entity; or removal from office, or prohibition from partici- mission of or participation in a crime involving ‘‘(C) committed or engaged in any act, omis- pation in the conduct of the affairs of the regu- dishonesty or breach of trust which is punish- sion, or practice which constitutes a breach of lated entity, as it may deem appropriate, to- able by imprisonment for a term exceeding one such party’s fiduciary duty; gether with an order prohibiting compensation year under State or Federal law, the Director ‘‘(2) by reason of the violation, practice, or described in subsection (b)(1)(B). Any such may, if continued service or participation by breach described in any subparagraph of para- order shall become effective at the expiration of such party may pose a threat to the regulated graph (1)— 30 days after service upon such regulated entity entity or impair public confidence in the regu- ‘‘(A) such regulated entity has suffered or will and such party (except in the case of an order lated entity, by written notice served upon such probably suffer financial loss or other damage; issued upon consent, which shall become effec- party— or tive at the time specified therein). Such order ‘‘(i) suspend such party from office or prohibit ‘‘(B) such party has received financial gain or shall remain effective and enforceable except to such party from further participation in any other benefit by reason of such violation, prac- such extent as it is stayed, modified, terminated, manner in the conduct of the affairs of any reg- tice, or breach; and or set aside by action of the Director or a re- ulated entity; and ‘‘(3) such violation, practice, or breach— viewing court. ‘‘(ii) prohibit the regulated entity from releas- ‘‘(A) involves personal dishonesty on the part ‘‘(d) PROHIBITION OF CERTAIN SPECIFIC AC- ing to or on behalf of the regulated entity-affili- of such party; or TIVITIES.—Any person subject to an order issued ated party any compensation or other payment ‘‘(B) demonstrates willful or continuing dis- under this section shall not— of money or other thing of current or potential regard by such party for the safety or soundness ‘‘(1) participate in any manner in the conduct value in connection with the period of any such of such regulated entity, the Director may serve of the affairs of any regulated entity; suspension or with any resignation, removal, re- upon such party a written notice of the Direc- ‘‘(2) solicit, procure, transfer, attempt to tirement, or other termination of employment or tor’s intention to remove such party from office transfer, vote, or attempt to vote any proxy, office of the party. or to prohibit any further participation by such consent, or authorization with respect to any ‘‘(B) PROVISIONS APPLICABLE TO NOTICE.— party, in any manner, in the conduct of the af- voting rights in any regulated entity; ‘‘(i) COPY.—A copy of any notice under para- fairs of any regulated entity. ‘‘(3) violate any voting agreement previously graph (1)(A) shall also be served upon the regu- ‘‘(b) SUSPENSION ORDER.— approved by the Director; or lated entity. ‘‘(1) SUSPENSION OR PROHIBITION AUTHOR- ‘‘(4) vote for a director, or serve or act as a ‘‘(ii) EFFECTIVE PERIOD.—A suspension or pro- ITY.—If the Director serves written notice under regulated entity-affiliated party. hibition under subparagraph (A) shall remain in

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00168 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23847

effect until the information, indictment, or com- than 30 days after receipt of such request, un- ‘‘(3) PROCEEDINGS NOT TREATED AS STAY.—The plaint referred to in such subparagraph is fi- less extended at the request of such party) and commencement of proceedings for judicial review nally disposed of or until terminated by the Di- place at which such party may appear, person- under paragraph (2) shall not, unless specifi- rector. ally or through counsel, before one or more cally ordered by the court, operate as a stay of ‘‘(2) REMOVAL OR PROHIBITION.— members of the Director or designated employees any order issued by the Director.’’. ‘‘(A) IN GENERAL.—If a judgment of conviction of the Director to submit written materials (or, (b) CONFORMING AMENDMENTS.— or an agreement to enter a pretrial diversion or at the discretion of the Director, oral testimony) (1) 1992 ACT.—Section 1317(f) of the Housing other similar program is entered against a regu- and oral argument. Within 60 days of such and Community Development Act of 1992 (12 lated entity-affiliated party in connection with hearing, the Director shall notify such party U.S.C. 4517(f)) is amended by striking ‘‘section a crime described in paragraph (1)(A), at such whether the suspension or prohibition from par- 1379B’’ and inserting ‘‘section 1379D’’. time as such judgment is not subject to further ticipation in any manner in the conduct of the (2) FANNIE MAE CHARTER ACT.—The second appellate review, the Director may, if continued affairs of the regulated entity will be continued, sentence of subsection (b) of section 308 of the service or participation by such party may pose terminated, or otherwise modified, or whether Federal National Mortgage Association Charter a threat to the regulated entity or impair public the order removing such party from office or Act (12 U.S.C. 1723(b)) is amended by striking confidence in the regulated entity, issue and prohibiting such party from further participa- ‘‘The’’ and inserting ‘‘Except to the extent that serve upon such party an order that— tion in any manner in the conduct of the affairs action under section 1377 of the Housing and ‘‘(i) removes such party from office or proof the regulated entity, and prohibiting com- Community Development Act of 1992 temporarily hibits such party from further participation in pensation in connection with termination will be results in a lesser number, the’’. any manner in the conduct of the affairs of the rescinded or otherwise modified. Such notifica- (3) FREDDIE MAC ACT.—The second sentence of regulated entity without the prior written con- tion shall contain a statement of the basis for subparagraph (A) of section 303(a)(2) of the sent of the Director; and the Director’s decision, if adverse to such party. Federal Home Loan Mortgage Corporation Act ‘‘(ii) prohibits the regulated entity from re- The Director is authorized to prescribe such (12 U.S.C. 1452(a)(2)(A)) is amended by striking leasing to or on behalf of the regulated entity- rules as may be necessary to effectuate the pur- ‘‘The’’ and inserting ‘‘Except to the extent that affiliated party any compensation or other pay- poses of this subsection. action under section 1377 of the Housing and ment of money or other thing of current or po- ‘‘(i) HEARINGS AND JUDICIAL REVIEW.— Community Development Act of 1992 temporarily ‘‘(1) VENUE AND PROCEDURE.—Any hearing tential value in connection with the termination results in a lesser number, the’’. provided for in this section shall be held in the of employment or office of the party. SEC. 167. CRIMINAL PENALTY. District of Columbia or in the Federal judicial ‘‘(B) PROVISIONS APPLICABLE TO ORDER.— Subtitle C of title XIII of the Housing and district in which the headquarters of the regu- ‘‘(i) COPY.—A copy of any order under para- Community Development Act of 1992 (12 U.S.C. lated entity is located, unless the party afforded graph (2)(A) shall also be served upon the regu- 4631 et seq.) is amended by inserting after sec- the hearing consents to another place, and shall lated entity, whereupon the regulated entity-af- tion 1377 (as added by the preceding provisions be conducted in accordance with the provisions of this Act) the following new section: filiated party who is subject to the order (if a di- of chapter 5 of title 5, United States Code. After rector or an officer) shall cease to be a director ‘‘SEC. 1378. CRIMINAL PENALTY. such hearing, and within 90 days after the Di- ‘‘Whoever, being subject to an order in effect or officer of such regulated entity. rector has notified the parties that the case has ‘‘(ii) EFFECT OF ACQUITTAL.—A finding of not under section 1377, without the prior written ap- been submitted to it for final decision, it shall proval of the Director, knowingly participates, guilty or other disposition of the charge shall render its decision (which shall include findings not preclude the Director from instituting pro- directly or indirectly, in any manner (including of fact upon which its decision is predicated) by engaging in an activity specifically prohib- ceedings after such finding or disposition to re- and shall issue and serve upon each party to the ited in such an order) in the conduct of the af- move such party from office or to prohibit fur- proceeding an order or orders consistent with fairs of any regulated entity shall, notwith- ther participation in regulated entity affairs, the provisions of this section. Judicial review of standing section 3571 of title 18, be fined not and to prohibit compensation or other payment any such order shall be exclusively as provided more than $1,000,000, imprisoned for not more of money or other thing of current or potential in this subsection. Unless a petition for review is than 5 years, or both.’’. value in connection with any resignation, re- timely filed in a court of appeals of the United moval, retirement, or other termination of em- States, as provided in paragraph (2), and there- SEC. 168. SUBPOENA AUTHORITY. ployment or office of the party, pursuant to sub- after until the record in the proceeding has been Section 1379D(c) of the Housing and Commu- sections (a), (d), or (e) of this section. filed as so provided, the Director may at any nity Development Act of 1992 (12 U.S.C. 4641(c)), ‘‘(iii) EFFECTIVE PERIOD.—Any notice of sus- time, upon such notice and in such manner as as so redesignated by section 165(a)(1) of this pension or order of removal issued under this it shall deem proper, modify, terminate, or set Act, is further amended— subsection shall remain effective and out- aside any such order. Upon such filing of the (1) by striking ‘‘request the Attorney General standing until the completion of any hearing or record, the Director may modify, terminate, or of the United States to’’ and inserting ‘‘, in the appeal authorized under paragraph (4) unless set aside any such order with permission of the discretion of the Director,’’; (2) by inserting ‘‘or request that the Attorney terminated by the Director. court. ‘‘(3) AUTHORITY OF REMAINING BOARD MEM- ‘‘(2) REVIEW OF ORDER.—Any party to any General of the United States bring such an ac- BERS.—If at any time, because of the suspension proceeding under paragraph (1) may obtain a tion,’’ after ‘‘District of Columbia,’’; and of one or more directors pursuant to this section, review of any order served pursuant to para- (3) by striking ‘‘or may, under the direction there shall be on the board of directors of a reg- graph (1) (other than an order issued with the and control of the Attorney General, bring such ulated entity less than a quorum of directors not consent of the regulated entity or the regulated an action’’. so suspended, all powers and functions vested in entity-affiliated party concerned, or an order SEC. 169. CONFORMING AMENDMENTS. or exercisable by such board shall vest in and be issued under subsection (h) of this section) by Subtitle C of title XIII of the Housing and exercisable by the director or directors on the the filing in the United States Court of Appeals Community Development Act of 1992 is amend- board not so suspended, until such time as there for the District of Columbia Circuit or court of ed— shall be a quorum of the board of directors. In appeals of the United States for the circuit in (1) in section 1372(c)(1) (12 U.S.C. 4632(c)), by the event all of the directors of a regulated enti- which the headquarters of the regulated entity striking ‘‘that enterprise’’ and inserting ‘‘that ty are suspended pursuant to this section, the is located, within 30 days after the date of serv- regulated entity’’; (2) in section 1379 (12 U.S.C. 4637), as so redes- Director shall appoint persons to serve tempo- ice of such order, a written petition praying ignated by section 165(a)(1) of this Act— rarily as directors in their place and stead pend- that the order of the Director be modified, termi- (A) by inserting ‘‘, or of a regulated entity-af- ing the termination of such suspensions, or until nated, or set aside. A copy of such petition shall filiated party,’’ before ‘‘shall not affect’’; and such time as those who have been suspended be forthwith transmitted by the clerk of the (B) by striking ‘‘such director or executive of- cease to be directors of the regulated entity and court to the Director, and thereupon the Direc- ficer’’ each place such term appears and insert- their respective successors take office. tor shall file in the court the record in the pro- ing ‘‘such director, executive officer, or regu- ‘‘(4) HEARING REGARDING CONTINUED PARTICI- ceeding, as provided in section 2112 of title 28, lated entity-affiliated party’’; PATION.—Within 30 days from service of any no- United States Code. Upon the filing of such pe- (3) in section 1379A (12 U.S.C. 4638), as so re- tice of suspension or order of removal issued tition, such court shall have jurisdiction, which designated by section 165(a)(1) of this Act, by pursuant to paragraph (1) or (2) of this sub- upon the filing of the record shall (except as inserting ‘‘or against a regulated entity-affili- section, the regulated entity-affiliated party provided in the last sentence of paragraph (1)) ated party,’’ before ‘‘or impair’’; concerned may request in writing an oppor- be exclusive, to affirm, modify, terminate, or set (4) by striking ‘‘An enterprise’’ each place tunity to appear before the Director to show aside, in whole or in part, the order of the Di- such term appears in such subtitle and inserting that the continued service to or participation in rector. Review of such proceedings shall be had ‘‘A regulated entity’’; the conduct of the affairs of the regulated entity as provided in chapter 7 of title 5, United States (5) by striking ‘‘an enterprise’’ each place by such party does not, or is not likely to, pose Code. The judgment and decree of the court such term appears in such subtitle and inserting a threat to the interests of the regulated entity shall be final, except that the same shall be sub- ‘‘a regulated entity’’; or threaten to impair public confidence in the ject to review by the Supreme Court upon certio- (6) by striking ‘‘the enterprise’’ each place regulated entity. Upon receipt of any such re- rari, as provided in section 1254 of title 28, such term appears in such subtitle and inserting quest, the Director shall fix a time (not more United States Code. ‘‘the regulated entity’’; and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00169 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23848 CONGRESSIONAL RECORD—HOUSE October 26, 2005

(7) by striking ‘‘any enterprise’’ each place prises under the Federal National Mortgage As- (i) NATIONAL HOMEOWNERSHIP TRUST ACT .— such term appears in such subtitle and inserting sociation Charter Act and the Federal Home Section 302(b)(4) of the Cranston-Gonzalez Na- ‘‘any regulated entity’’. Loan Mortgage Corporation Act; and tional Affordable Housing Act (42 U.S.C. Subtitle E—General Provisions (5) an analysis of the potential systemic risk 12851(b)(4)) is amended by striking ‘‘the chair- implications for the enterprises, the housing and person of the Federal Housing Finance Board’’ SEC. 181. PRESIDENTIALLY APPOINTED DIREC- TORS OF ENTERPRISES. capital markets, and the financial system of and inserting ‘‘the Director of the Federal Hous- (a) FANNIE MAE.— portfolio holdings, and whether such holdings ing Finance Agency’’. (1) IN GENERAL.—Subsection (b) of section 308 should be limited or reduced over time. SEC. 184. STUDY OF ALTERNATIVE SECONDARY of the Federal National Mortgage Association SEC. 183. CONFORMING AND TECHNICAL AMEND- MARKET SYSTEMS. Charter Act (12 U.S.C. 1723(b)) is amended— MENTS. (a) IN GENERAL.—The Director of the Federal (A) in the first sentence, by striking ‘‘eighteen (a) 1992 ACT.—Title XIII of the Housing and Housing Finance Agency, in consultation with persons, five of whom shall be appointed annu- Community Development Act of 1992 is amended the Board of Governors of the Federal Reserve ally by the President of the United States, and by striking section 1383 (12 U.S.C. 1451 note). System, the Secretary of the Treasury, and the the remainder of whom’’ and inserting ‘‘not less (b) TITLE 18, UNITED STATES CODE.—Section Secretary of Housing and Urban Development, than 7 and not more than 15 persons, who’’; 1905 of title 18, United States Code, is amended shall conduct a comprehensive study of the ef- (B) in the second sentence, by striking ‘‘ap- by striking ‘‘Office of Federal Housing Enter- fects on financial and housing finance markets pointed by the President’’; prise Oversight’’ and inserting ‘‘Federal Hous- of alternatives to the current secondary market (C) in the third sentence— ing Finance Agency’’ . system for housing finance, taking into consid- (i) by striking ‘‘appointed or’’; and (c) FLOOD DISASTER PROTECTION ACT OF eration changes in the structure of financial (ii) by striking ‘‘, except that any such ap- 1973.—Section 102(f)(3)(A) of the Flood Disaster and housing finance markets and institutions pointed member may be removed from office by Protection Act of 1973 (42 U.S.C. 4012a(f)(3)(A)) since the creation of the Federal National Mort- the President for good cause’’; is amended by striking ‘‘Director of the Office of gage Association and the Federal Home Loan (D) in the fourth sentence, by striking ‘‘elec- Federal Housing Enterprise Oversight of the De- Mortgage Corporation. tive’’; and partment of Housing and Urban Development’’ (b) CONTENTS.—The study under this section (E) by striking the fifth sentence. and inserting ‘‘Director of the Federal Housing shall— (2) TRANSITIONAL PROVISION.—The amend- Finance Agency’’. (1) include, among the alternatives to the cur- ments made by paragraph (1) shall not apply to (d) DEPARTMENT OF HOUSING AND URBAN DE- rent secondary market system analyzed— any appointed position of the board of directors VELOPMENT ACT.—Section 5 of the Department (A) repeal of the chartering Acts for the Fed- of the Federal National Mortgage Association of Housing and Urban Development Act (42 eral National Mortgage Association and the until the expiration of the annual term for such U.S.C. 3534) is amended by striking subsection Federal Home Loan Mortgage Corporation; position during which the effective date under (d). (B) establishing bank-like mechanisms for section 185 occurs. (e) TITLE 5, UNITED STATES CODE.— granting new charters for limited purposed (b) FREDDIE MAC.— (1) DIRECTOR’S PAY RATE.—Section 5313 of mortgage securitization entities; (1) IN GENERAL.—Paragraph (2) of section title 5, United States Code, is amended by strik- (C) permitting the Director of the Federal 303(a) of the Federal Home Loan Mortgage Cor- ing the item relating to the Director of the Of- Housing Finance Agency to grant new charters poration Act (12 U.S.C. 1452(a)(2)) is amended— fice of Federal Housing Enterprise Oversight, for limited purpose mortgage securitization enti- (A) in subparagraph (A)— Department of Housing and Urban Development ties, which shall include analyzing the terms on (i) in the first sentence, by striking ‘‘18 per- and inserting the following new item: which such charters should be granted, includ- sons, 5 of whom shall be appointed annually by ‘‘ Director of the Federal Housing Finance ing whether such charters should be sold, or the President of the United States and the re- Agency.’’. whether such charters and the charters for the mainder of whom’’ and inserting ‘‘not less than (2) DEPUTY DIRECTORS’ PAY RATE.—Section Federal National Mortgage Association and the 7 and not more than 15 persons, who’’; and 5314 of title 5, United States Code, is amended Federal Home Loan Mortgage Corporation (ii) in the second sentence, by striking ‘‘ap- by adding at the end the following new item: should be taxed or otherwise assessed a mone- pointed by the President of the United States’’; ‘‘Deputy Directors, Federal Housing Finance tary price; and (B) in subparagraph (B)— Agency (3).’’. (i) by striking ‘‘such or’’; and (D) such other alternatives as the Director (3) PAY RATE FOR MEMBERS OF HOUSING FI- (ii) by striking ‘‘, except that any appointed considers appropriate; NANCE OVERSIGHT BOARD.—Section 5315 of title member may be removed from office by the Presi- (2) examine all of the issues involved in mak- 5, United States Code, is amended by adding at dent for good cause’’; and ing the transition to a completely private sec- the end the following new item: (C) in subparagraph (C)— ondary mortgage market system; (i) by striking the first sentence; and ‘‘Members, Housing Finance Oversight (3) examine the technological advancements (ii) by striking ‘‘elective’’. Board.’’. the private sector has made in providing liquid- (2) TRANSITIONAL PROVISION.—The amend- (4) EXCLUSION FROM SENIOR EXECUTIVE SERV- ity in the secondary mortgage market and how ments made by paragraph (1) shall not apply to ICE.—Section 3132(a)(1)(D) of title 5, United such advancements have affected liquidity in any appointed position of the Board of Directors States Code, is amended by striking ‘‘the Office the secondary mortgage market; and of the Federal Home Loan Mortgage Corpora- of Federal Housing Enterprise Oversight of the (4) examine how taxpayers would be impacted tion until the expiration of the annual term for Department of Housing and Urban Develop- by each alternative system, including the com- such position during which the effective date ment’’ and inserting ‘‘the Federal Housing Fi- plete privatization of the Federal National under section 185 occurs. nance Agency’’. Mortgage Association and the Federal Home (f) INSPECTOR GENERAL ACT OF 1978.—Section SEC. 182. REPORT ON PORTFOLIO OPERATIONS, Loan Mortgage Corporation. SAFETY AND SOUNDNESS, AND MIS- 8G(a)(2) of the Inspector General Act of 1978 (5 (c) REPORT.—The Director of the Federal SION OF ENTERPRISES. U.S.C. App.) is amended by striking ‘‘Federal Housing Finance Agency shall submit a report Not later than the expiration of the 12-month Housing Finance Board’’ and inserting ‘‘Fed- to the Congress on the study not later than the period beginning on the effective date under sec- eral Housing Finance Agency’’. expiration of the 12-month period beginning on tion 185, the Director of the Federal Housing Fi- (g) FEDERAL DEPOSIT INSURANCE ACT.—Sec- the effective date under section 185. nance Agency shall submit a report to the Con- tion 11(t)(2)(A) of the Federal Deposit Insurance SEC. 185. EFFECTIVE DATE. gress which shall include— Act (12 U.S.C.1821(t)(2)(A)) is amended by add- Except as specifically provided otherwise in (1) a description of the portfolio holdings of ing at the end the following new clause: this title, the amendments made by this title the enterprises (as such term is defined in sec- ‘‘(vii) The Federal Housing Finance Agency.’’. shall take effect on, and shall apply beginning tion 1303 of the Housing and Community Devel- (h) 1997 EMERGENCY SUPPLEMENTAL APPRO- on, the expiration of the 1-year period beginning opment Act of 1992 (12 U.S.C. 4502) in mortgages PRIATIONS ACT.—Section 10001 of the 1997 Emer- on the date of the enactment of this Act. (including whole loans and mortgage-backed se- gency Supplemental Appropriations Act for Re- TITLE II—FEDERAL HOME LOAN BANKS curities), non-mortgages, and other assets; covery From Natural Disasters, and for Over- (2) a description of the risk implications for seas Peacekeeping Efforts, Including Those In SEC. 201. DEFINITIONS. the enterprises of such holdings and the con- Bosnia (42 U.S.C. 3548) is amended— Section 2 of the Federal Home Loan Bank Act sequent risk management undertaken by the en- (1) by striking ‘‘the Government National (12 U.S.C. 1422) is amended— terprises (including the use of derivatives for Mortgage Association, and the Office of Federal (1) by striking paragraphs (1), (10), and (11); hedging purposes), compared with off-balance Housing Enterprise Oversight’’ and inserting (2) by redesignating paragraphs (2) through sheet liabilities of the enterprises (including ‘‘and the Government National Mortgage Asso- (9) as paragraphs (1) through (8), respectively; mortgage-backed securities guaranteed by the ciation’’; and (3) by redesignating paragraphs (12) and (13) enterprises); (2) by striking ‘‘, the Government National as paragraphs (9) and (10), respectively; and (3) an analysis of portfolio holdings for safety Mortgage Association, or the Office of Federal (4) by adding at the end the following: and soundness purposes; Housing Enterprise Oversight’’ and inserting ‘‘(11) DIRECTOR.—The term ‘Director’ means (4) an assessment of whether portfolio hold- ‘‘or the Government National Mortgage Associa- the Director of the Federal Housing Finance ings fulfill the mission purposes of the enter- tion’’. Agency.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00170 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23849

‘‘(12) AGENCY.—The term ‘Agency’ means the (ii) by striking ‘‘1/3’’ and inserting ‘‘1/4’’. (ii) in the second and fourth sentences, by Federal Housing Finance Agency.’’. (2) SAVINGS PROVISION.—The amendments striking ‘‘the Board’’ each place such term ap- SEC. 202. DIRECTORS. made by paragraph (1) shall not apply to the pears and inserting ‘‘the Office of Finance’’; (a) ELECTION.—Section 7 of the Federal Home term of office of any director of a Federal home (B) in subsection (c)— Loan Bank Act (12 U.S.C. 1427) is amended— loan bank who is serving as of the effective date (i) by striking ‘‘the Board’’ the first place (1) by striking subsection (a) and inserting the of this Act under section 211, including any di- such term appears and inserting ‘‘the Office of following: rector elected to fill a vacancy in any such of- Finance, as agent for the Banks,’’; and ‘‘(a) NUMBER; ELECTION; QUALIFICATIONS; fice. (ii) by striking ‘‘the Board’’ the second place CONFLICTS OF INTEREST.— (c) VACANCIES.—Subsection (f) of section 7 of such term appears and inserting ‘‘such Office’’; ‘‘(1) IN GENERAL.—The management of each the Federal Home Loan Bank Act (12 U.S.C. and Federal Home Loan Bank shall be vested in a 1427(f)) is amended to read as follows: (C) in subsection (f)— board of 13 directors, or such other number as ‘‘(f) VACANCIES.—A Bank director elected to (i) by striking the two commas after ‘‘permit’’ the Director determines appropriate, each of fill a vacancy shall be elected for the unexpired and inserting ‘‘or’’; and whom shall be elected by the members and shall term of his or her predecessor in office. In the (ii) by striking the comma after ‘‘require’’; be a citizen of the United States. event of a vacancy in any Bank directorship, (6) in section 15 (12 U.S.C. 1435), by inserting ‘‘(2) MEMBER DIRECTORS.—A majority of the such vacancy shall be filled by an affirmative ‘‘or the Director’’ after ‘‘the Board’’; directors of each Bank shall be officers or direc- vote of a majority of the remaining Bank direc- (7) in section 18 (12 U.S.C. 1438), by striking tors of a member of such Bank that is located in tors, regardless of whether such remaining Bank subsection (b); the district in which such Bank is located. directors constitute a quorum of the Bank’s (8) in section 21 (12 U.S.C. 1441)— ‘‘(3) INDEPENDENT DIRECTORS.—At least one- board of directors. A Bank director so elected (A) in subsection (b)— third of the directors of each Bank shall be shall satisfy the requirements for eligibility (i) in paragraph (5), by striking ‘‘Chairperson independent directors as follows: which were applicable to his predecessor. If any of the Federal Housing Finance Board’’ and in- ‘‘(A) IN GENERAL.—Each independent director Bank director shall cease to have any qualifica- serting ‘‘Director’’; and shall be a bona fide resident of the district in tion set forth in this section, the office held by (ii) in the heading for paragraph (8), by strik- which such Bank is located. such person shall immediately become vacant. ’’. ing ‘‘FEDERAL HOUSING FINANCE BOARD’’ and in- ‘‘(B) PUBLIC INTEREST DIRECTORS.—At least 2 (d) COMPENSATION.—Subsection (i) of section 7 serting ‘‘DIRECTOR’’; and of the independent directors under this para- of the Federal Home Loan Bank Act (12 U.S.C. (B) in subsection (i), in the heading for paragraph of each Bank shall be representatives 1427(i)) is amended to read as follows: graph (2), by striking ‘‘FEDERAL HOUSING FI- chosen from organizations with more than a 2- ‘‘(i) DIRECTORS’ COMPENSATION.— NANCE BOARD’’ and inserting ‘‘DIRECTOR’’; year history of representing consumer or com- ‘‘(1) IN GENERAL.—Each Federal home loan (9) in section 23 (12 U.S.C. 1443), by striking munity interests on banking services, credit bank may pay the directors on the board of di- ‘‘Board of Directors of the Federal Housing Fi- needs, housing, or financial consumer protec- rectors for the bank reasonable and appropriate nance Board’’ and inserting ‘‘Director’’; tions. compensation for the time required of such di- ‘‘(C) OTHER DIRECTORS.—Each independent rectors, and reasonable and appropriate ex- (10) by striking ‘‘the Board’’ each place such director that is not a public interest director penses incurred by such directors, in connection term appears in such Act (except in section 15 under subparagraph (B) shall have dem- with service on the board of directors, in accord- (12 U.S.C. 1435), section 21(f)(2) (12 U.S.C. onstrated knowledge of, or experience in, finan- ance with resolutions adopted by the board of 1441(f)(2)), subsections (a), (k)(2)(B)(i), and cial management, auditing and accounting, risk directors and subject to the approval of the Di- (n)(6)(C)(ii) of section 21A (12 U.S.C. 1441a), management practices, derivatives, project de- rector. subsections (e)(7), (f)(2)(C), and (k)(7)(B)(ii) of velopment, or organizational management, or ‘‘(2) ANNUAL REPORT BY THE BOARD.—The Di- section 21B (12 U.S.C. 1441b), and the first two such other knowledge or expertise as the Direc- rector shall include, in the annual report sub- places such term appears in section 22 (12 U.S.C. tor may provide by regulation. mitted to the Congress pursuant to section 1319B 1442)) and inserting ‘‘the Director’’; ‘‘(D) CONFLICTS OF INTEREST.—An inde- of the Federal Housing Enterprises Financial (11) by striking ‘‘The Board’’ each place such pendent director under this paragraph of a Safety and Soundness Act of 1992, information term appears in such Act (except in sections 7(e) Bank may not, during such director’s term of of- regarding the compensation and expenses paid (12 U.S.C. 1427(e)), and 11(b) (12 U.S.C. 1431(b)) fice, serve as an officer of any Federal Home by the Federal home loan banks to the directors and inserting ‘‘The Director’’; Loan Bank or as a director or officer of any on the boards of directors of the banks.’’. (12) by striking ‘‘the Board’s’’ each place such member of a Bank.’’; (e) TRANSITION RULE.—Any member of the term appears in such Act and inserting ‘‘the Di- (2) in subsection (b)— board of directors of a Federal Home Loan Bank rector’s’’; (A) in the first sentence, by striking ‘‘director- serving as of the effective date under section 211 (13) by striking ‘‘The Board’s’’ each place ship’’ and inserting ‘‘member directorship pur- may continue to serve as a member of such such term appears in such Act and inserting suant to subsection (a)(2)’’; and board of directors for the remainder of the term ‘‘The Director’s’’; (B) by inserting after the period at the end of of such office as provided in section 7 of the (14) by striking ‘‘The Finance Board’’ each the first sentence the following new sentence: Federal Home Loan Bank Act, as in effect be- place such term appears in such Act and insert- ‘‘Each independent directorship pursuant to fore such effective date. ing ‘‘The Director’’; subsection (a)(3) shall be filled by election by a SEC. 203. FEDERAL HOUSING FINANCE AGENCY (15) by striking ‘‘the Finance Board’’ each plurality of the votes of the members of the OVERSIGHT OF FEDERAL HOME place such term appears in such Act and insert- Bank at large, in which election each member LOAN BANKS. ing ‘‘the Director’’; shall be entitled to nominate candidates and to The Federal Home Loan Bank Act (12 U.S.C. (16) by striking ‘‘Federal Housing Finance cast the same number of votes as in an election 1421 et seq.), other than in provisions of that Board’’ each place such term appears and in- to fill a directorship allocated to the member’s Act added or amended otherwise by this Act, is serting ‘‘Director’’; State.’’; amended— (17) in section 11(i) (12 U.S.C. 1431(i), by strik- (3) in subsection (c), by striking the second, (1) by striking sections 2A and 2B (12 U.S.C. ing ‘‘the Chairperson of’’; and third, and fifth sentences; 1422a, 1422b); (18) in section 21(e)(9) (12 U.S.C. 1441(e)(9)), (4) in subsection (d)— (2) in section 6 (12 U.S.C. 1426(b)(1))— by striking ‘‘Chairperson of the’’. (A) in the first sentence, by striking ‘‘, wheth- (A) in subsection (b)(1), in the matter pre- SEC. 204. JOINT ACTIVITIES OF BANKS. ceding subparagraph (A), by striking ‘‘Finance er elected or appointed,’’; Section 11 of the Federal Home Loan Bank (B) in the second sentence, by striking ‘‘or ap- Board approval’’ and inserting ‘‘approval by Act (12 U.S.C. 1431) is amended by adding at the pointed’’; and the Director’’; and end the following new subsection: (C) in the third sentence, by striking ‘‘an elec- (B) in each of subsections (c)(4)(B) and (d)(2), ‘‘(l) JOINT ACTIVITIES.—Subject to the regula- tive’’ each place such term appears and insert- by striking ‘‘Finance Board regulations’’ each tion of the Director, any two or more Federal ing ‘‘a’’; and place that term appears and inserting ‘‘regula- Home Loan Banks may establish a joint office (5) by striking ‘‘elective’’ each place such term tions of the Director’’; appears (except in subsection (e)). (3) in section 8 (12 U.S.C. 1428), in the section for the purpose of performing functions for, or providing services to, the Banks on a common or (b) TERMS.— heading, by striking ‘‘BY THE BOARD’’; (1) IN GENERAL.—Section 7(d) of the Federal (4) in section 10(b) (12 U.S.C. 1430), by striking collective basis, or may require that the Office of Home Loan Bank Act (12 U.S.C. 1427(i)) is ‘‘by formal resolution’’; Finance perform such functions or services, but amended— (5) in section 11 (12 U.S.C. 1431)— only if the Banks are otherwise authorized to (A) in the first sentence, by striking ‘‘3 years’’ (A) in subsection (b)— perform such functions or services individ- and inserting ‘‘4 years’’; and (i) in the first sentence— ually.’’. (B) in the second sentence— (I) by striking ‘‘The Board’’ and inserting SEC. 205. SHARING OF INFORMATION BETWEEN (i) by striking ‘‘Federal Home Loan Bank Sys- ‘‘The Office of Finance, as agent for the FEDERAL HOME LOAN BANKS. tem Modernization Act of 1999’’ and inserting Banks,’’; and (a) IN GENERAL.— The Federal Home Loan ‘‘Federal Housing Finance Reform Act of 2005’’; (II) by striking ‘‘the Board’’ and inserting Bank Act is amended by inserting after section and ‘‘such Office’’; and 20 (12 U.S.C. 1440) the following new section:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00171 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23850 CONGRESSIONAL RECORD—HOUSE October 26, 2005 ‘‘SEC. 20A. SHARING OF INFORMATION BETWEEN (E) ‘‘government securities’’ within the mean- ed by striking ‘‘Federal Housing Finance FEDERAL HOME LOAN BANKS. ing of section 2(a)(16) of the Investment Com- Board’’ and inserting ‘‘Federal Housing Fi- ‘‘(a) REGULATORY AUTHORITY.—The Director pany Act of 1940. nance Agency’’. shall prescribe such regulations as may be nec- (d) EXEMPTION FROM REPORTING REQUIRE- (f) ACCESS TO LOCAL TV ACT OF 2000.—Sec- essary to ensure that each Federal Home Loan MENTS.—The Federal Home Loan Banks shall be tion 1004(d)(2)(D)(iii) of the Launching Our Bank has access to information that the Bank exempt from periodic reporting requirements per- Communities’ Access to Local Television Act of needs to determine the nature and extent of its taining to— 2000 (47 U.S.C. 1103(d)(2)(D)(iii)) is amended by joint and several liability. (1) the disclosure of related party transactions striking ‘‘Office of Federal Housing Enterprise ‘‘(b) NO WAIVER OF PRIVILEGE.—The Director that occur in the ordinary course of business of Oversight, the Federal Housing Finance Board’’ shall not be deemed to have waived any privi- the Banks with their members; and and inserting ‘‘Federal Housing Finance Agen- lege applicable to any information concerning a (2) the disclosure of unregistered sales of eq- cy’’. Federal Home Loan Bank by transferring, or uity securities. SEC. 210. STUDY OF AFFORDABLE HOUSING PRO- permitting the transfer of, that information to (e) TENDER OFFERS.—The Securities and Ex- GRAM USE FOR LONG-TERM CARE any other Federal Home Loan Bank for the pur- change Commission’s rules relating to tender of- FACILITIES. pose of enabling the recipient to evaluate the fers shall not apply in connection with trans- The Comptroller General shall conduct a nature and extent of its joint and several liabil- actions in capital stock of the Federal Home study of the use of affordable housing programs ity.’’. Loan Banks. of the Federal home loan banks under section (b) REGULATIONS.—The regulations required (f) REGULATIONS.—In issuing final regulations 10(j) of the Federal Home Loan Bank Act to de- under the amendment made by subsection (a) to implement provisions of this section, the Se- termine how and the extent to which such pro- shall be issued in final form not later than 6 curities and Exchange Commission shall con- grams are used to assist long-term care facilities months after the effective date under section 211 sider the distinctive characteristics of the Fed- for low- and moderate-income individuals, and of this Act. eral Home Loan Banks when evaluating the ac- the effectiveness and adequacy of such assist- SEC. 206. REORGANIZATION OF BANKS AND VOL- counting treatment with respect to the payment ance in meeting the needs of affected commu- UNTARY MERGER. to Resolution Funding Corporation, the role of nities. The study shall examine the applicability Section 26 of the Federal Home Loan Bank the combined financial statements of the twelve of such use to the affordable housing programs Act (12 U.S.C. 1446) is amended— Banks, the accounting classification of redeem- required to be established by the enterprises pur- (1) by inserting ‘‘(a) REORGANIZATION.—’’ be- able capital stock, and the accounting treatment suant to the amendment made by section 128 of fore ‘‘Whenever’’; and related to the joint and several nature of the ob- this Act. The Comptroller General shall submit a (2) by striking ‘‘liquidated or’’ each place ligations of the Banks. such phrase appears; report to the Director of the Federal Housing Fi- SEC. 208. COMMUNITY FINANCIAL INSTITUTION nance Agency and the Congress regarding the (3) by striking ‘‘liquidation or’’; and MEMBERS. (4) by adding at the end the following new results of the study not later than the expiration (a) TOTAL ASSET REQUIREMENT.—Paragraph subsection: of the 1-year period beginning on the date of the (10) of section 2 of the Federal Home Loan Bank ‘‘(b) VOLUNTARY MERGERS.—Any Bank may, enactment of this Act. Act (12 U.S.C. 1422(10)), as so redesignated by with the approval of the Director, and the ap- SEC. 211. EFFECTIVE DATE. section 201(3) of this Act, is amended by striking proval of the boards of directors of the Banks Except as specifically provided otherwise in ‘‘$500,000,000’’ each place such term appears involved, merge with another Bank. The Direc- this title, the amendments made by this title and inserting ‘‘$1,000,000,000’’. tor shall promulgate regulations establishing the shall take effect on, and shall apply beginning (b) USE OF ADVANCES FOR COMMUNITY DEVEL- conditions and procedures for the consideration on, the expiration of the 1-year period beginning OPMENT ACTIVITIES.—Section 10(a) of the Fed- and approval of any such voluntary merger, in- eral Home Loan Bank Act (12 U.S.C. 1430(a)) is on the date of the enactment of this Act. cluding the procedures for Bank member ap- amended— TITLE III—TRANSFER OF FUNCTIONS, proval.’’. (1) in paragraph (2)(B)— PERSONNEL, AND PROPERTY OF OFFICE SEC. 207. SECURITIES AND EXCHANGE COMMIS- (A) by striking ‘‘and’’; and OF FEDERAL HOUSING ENTERPRISE SION DISCLOSURE. (B) by inserting ‘‘, and community develop- OVERSIGHT, FEDERAL HOUSING FI- (a) IN GENERAL.—The Federal Home Loan ment activities’’ before the period at the end; NANCE BOARD, AND DEPARTMENT OF Banks shall be exempt from compliance with— (2) in paragraph (3)(E), by inserting ‘‘or com- HOUSING AND URBAN DEVELOPMENT (1) sections 13(e), 14(a), 14(c), and 17A of the munity development activities’’ after ‘‘agri- Securities Exchange Act of 1934 and related Subtitle A—Office of Federal Housing culture,’’; and Enterprise Oversight Commission regulations; and (3) in paragraph (6)— (2) section 15 of that Act and related Securi- (A) by striking ‘‘and’’; and SEC. 301. ABOLISHMENT OF OFHEO. ties and Exchange Commission regulations with (B) by inserting ‘‘, and ‘community develop- (a) IN GENERAL.—Effective at the end of the 1- respect to transactions in capital stock of the ment activities’ ’’ before ‘‘shall’’. year period beginning on the date of the enact- Banks. SEC. 209. TECHNICAL AND CONFORMING AMEND- ment of this Act, the Office of Federal Housing (b) MEMBER EXEMPTION.—The members of the MENTS. Enterprise Oversight of the Department of Hous- Federal Home Loan Banks shall be exempt from (a) RIGHT TO FINANCIAL PRIVACY ACT OF ing and Urban Development and the positions of compliance with sections 13(d), 13(f), 13(g), 1978.—Section 1113(o) of the Right to Financial the Director and Deputy Director of such Office 14(d), and 16 of the Securities Exchange Act of Privacy Act of 1978 (12 U.S.C. 3413(o)) is amend- are abolished. 1934 and related Securities and Exchange Com- ed— (b) DISPOSITION OF AFFAIRS.—During the 1- mission regulations with respect to their owner- (1) by striking ‘‘Federal Housing Finance year period beginning on the date of the enact- ship of, or transactions in, capital stock of the Board’’ and inserting ‘‘Federal Housing Fi- ment of this Act, the Director of the Office of Federal Home Loan Banks. nance Agency’’; and Federal Housing Enterprise Oversight shall, (c) EXEMPTED AND GOVERNMENT SECURITIES.— (2) by striking ‘‘Federal Housing Finance solely for the purpose of winding up the affairs (1) CAPITAL STOCK.—The capital stock issued Board’s’’ and inserting ‘‘Federal Housing Fi- of the Office of Federal Housing Enterprise by each of the Federal Home Loan Banks under Oversight— section 6 of the Federal Home Loan Bank Act nance Agency’s’’. (b) RIEGLE COMMUNITY DEVELOPMENT AND (1) manage the employees of such Office and are— provide for the payment of the compensation (A) exempted securities within the meaning of REGULATORY IMPROVEMENT ACT OF 1994.—Sec- and benefits of any such employee which accrue section 3(a)(2) of the Securities Act of 1933; and tion 117(e) of the Riegle Community Develop- (B) ‘‘exempted securities’’ within the meaning ment and Regulatory Improvement Act of 1994 before the effective date of the transfer of such of section 3(a)(12)(A) of the Securities Exchange (12 U.S.C. 4716(e)) is amended by striking ‘‘Fed- employee pursuant to section 303; and Act of 1934. eral Housing Finance Board’’ and inserting (2) may take any other action necessary for (2) OTHER OBLIGATIONS.—The debentures, ‘‘Federal Housing Finance Agency’’. the purpose of winding up the affairs of the Of- bonds, and other obligations issued under sec- (c) TITLE 18, UNITED STATES CODE.—Title 18, fice. tion 11 of the Federal Home Loan Bank Act United States Code, is amended by striking (c) STATUS OF EMPLOYEES BEFORE TRANS- are— ‘‘Federal Housing Finance Board’’ each place FER.—The amendments made by title I and the (A) exempted securities within the meaning of such term appears in each of sections 212, 657, abolishment of the Office of Federal Housing section 3(a)(2) of the Securities Act of 1933; 1006, 1014, and inserting ‘‘Federal Housing Fi- Enterprise Oversight under subsection (a) of this (B) ‘‘government securities’’ within the mean- nance Agency’’. section may not be construed to affect the status ing of section 3(a)(42) of the Securities Exchange (d) MAHRA ACT OF 1997.—Section 517(b)(4) of of any employee of such Office as employees of Act of 1934; the Multifamily Assisted Housing Reform and an agency of the United States for purposes of (C) excluded from the definition of ‘‘govern- Affordability Act of 1997 (42 U.S.C. 1437f note) is any other provision of law before the effective ment securities broker’’ within section 3(a)(43) amended by striking ‘‘Federal Housing Finance date of the transfer of any such employee pur- of the Securities Exchange Act of 1934; Board’’ and inserting ‘‘Federal Housing Fi- suant to section 303. (D) excluded from the definition of ‘‘govern- nance Agency’’. (d) USE OF PROPERTY AND SERVICES.— ment securities dealer’’ within section 3(a)(44) of (e) TITLE 44, UNITED STATES CODE.—Section (1) PROPERTY.—The Director of the Federal the Securities Exchange Act of 1934; and 3502(5) of title 44, United States Code, is amend- Housing Finance Agency may use the property

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00172 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23851 of the Office of Federal Housing Enterprise anteed a position with the same status, tenure, tion and benefits of any such employee which Oversight to perform functions which have been grade, and pay as that held on the day imme- accrue before the effective date of the transfer of transferred to the Director of the Federal Hous- diately preceding the transfer. Each such em- such employee under section 323; and ing Finance Agency for such time as is reason- ployee holding a permanent position shall not (2) may take any other action necessary for able to facilitate the orderly transfer of func- be involuntarily separated or reduced in grade the purpose of winding up the affairs of the tions transferred pursuant to any other provi- or compensation for 12 months after the date of Board. sion of this Act or any amendment made by this transfer, except for cause or, if the employee is (c) STATUS OF EMPLOYEES BEFORE TRANS- Act to any other provision of law. a temporary employee, separated in accordance FER.—The amendments made by titles I and II (2) AGENCY SERVICES.—Any agency, depart- with the terms of the appointment. and the abolishment of the Board under sub- ment, or other instrumentality of the United (c) APPOINTMENT AUTHORITY FOR EXCEPTED section (a) may not be construed to affect the States, and any successor to any such agency, SERVICE EMPLOYEES.— status of any employee of such Board as em- department, or instrumentality, which was pro- (1) IN GENERAL.—In the case of employees oc- ployees of an agency of the United States for viding supporting services to the Office of Fed- cupying positions in the excepted service, any purposes of any other provision of law before eral Housing Enterprise Oversight before the ex- appointment authority established pursuant to the effective date of the transfer of any such piration of the period under subsection (a) in law or regulations of the Office of Personnel employee under section 323. Management for filling such positions shall be connection with functions that are transferred (d) USE OF PROPERTY AND SERVICES.— transferred, subject to paragraph (2). to the Director of the Federal Housing Finance ROPERTY (2) DECLINE OF TRANSFER.—The Director of (1) P .—The Director of the Federal Agency shall— Housing Finance Agency may use the property (A) continue to provide such services, on a re- the Federal Housing Finance Agency may decline a transfer of authority under paragraph of the Board to perform functions which have imbursable basis, until the transfer of such been transferred to the Director of the Federal functions is complete; and (1) (and the employees appointed pursuant thereto) to the extent that such authority relates Housing Finance Agency for such time as is rea- (B) consult with any such agency to coordi- sonable to facilitate the orderly transfer of func- nate and facilitate a prompt and reasonable to positions excepted from the competitive service because of their confidential, policy-making, tions transferred under any other provision of transition. this Act or any amendment made by this Act to (e) SAVINGS PROVISIONS.— policy-determining, or policy-advocating char- any other provision of law. (1) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS acter. GENCY SERVICES NOT AFFECTED.—Subsection (a) shall not affect (d) REORGANIZATION.—If the Director of the (2) A .—Any agency, depart- the validity of any right, duty, or obligation of Federal Housing Finance Agency determines, ment, or other instrumentality of the United the United States, the Director of the Office of after the end of the 1-year period beginning on States, and any successor to any such agency, Federal Housing Enterprise Oversight, or any the date of the abolishment under section 201(a), department, or instrumentality, which was pro- other person, which— that a reorganization of the combined work viding supporting services to the Board before (A) arises under or pursuant to the title XIII force is required, that reorganization shall be the expiration of the 1-year period under sub- of the Housing and Community Development deemed a major reorganization for purposes of section (a) in connection with functions that are Act of 1992, the Federal National Mortgage As- affording affected employees retirement under transferred to the Director of the Federal Hous- sociation Charter Act, the Federal Home Loan section 8336(d)(2) or 8414(b)(1)(B) of title 5, ing Finance Agency shall— Mortgage Corporation Act, or any other provi- United States Code. (A) continue to provide such services, on a re- sion of law applicable with respect to such Of- (e) EMPLOYEE BENEFIT PROGRAMS.—Any em- imbursable basis, until the transfer of such fice; and ployee of the Office of Federal Housing Enter- functions is complete; and (B) existed on the day before the abolishment prise Oversight accepting employment with the (B) consult with any such agency to coordi- under subsection (a) of this section. Director of the Federal Housing Finance Agency nate and facilitate a prompt and reasonable (2) CONTINUATION OF SUITS.—No action or as a result of a transfer under subsection (a) transition. other proceeding commenced by or against the may retain for 12 months after the date such (e) SAVINGS PROVISIONS.— Director of the Office of Federal Housing Enter- transfer occurs membership in any employee (1) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS prise Oversight in connection with functions benefit program of the Federal Housing Finance NOT AFFECTED.—Subsection (a) shall not affect that are transferred to the Director of the Fed- Agency or the Office of Federal Housing Enter- the validity of any right, duty, or obligation of eral Housing Finance Agency shall abate by prise Oversight, as applicable, including insur- the United States, a member of the Board, or reason of the enactment of this Act, except that ance, to which such employee belongs on the any other person, which— the Director of the Federal Housing Finance date of the abolishment under section 201(a) if— (A) arises under the Federal Home Loan Bank Agency shall be substituted for the Director of (1) the employee does not elect to give up the Act or any other provision of law applicable the Office of Federal Housing Enterprise Over- benefit or membership in the program; and with respect to such Board; and sight as a party to any such action or pro- (2) the benefit or program is continued by the (B) existed on the day before the effective date ceeding. Director of the Federal Housing Finance Agen- of the abolishment under subsection (a). cy; SEC. 302. CONTINUATION AND COORDINATION OF (2) CONTINUATION OF SUITS.—No action or The difference in the costs between the benefits CERTAIN REGULATIONS. other proceeding commenced by or against the which would have been provided by such agen- All regulations, orders, determinations, and Board in connection with functions that are cy and those provided by this section shall be resolutions that— transferred to the Director of the Federal Hous- paid by the Director of the Federal Housing Fi- (1) were issued, made, prescribed, or allowed ing Finance Agency shall abate by reason of the nance Agency. If any employee elects to give up to become effective by— enactment of this Act, except that the Director membership in a health insurance program or (A) the Office of Federal Housing Enterprise of the Federal Housing Finance Agency shall be the health insurance program is not continued Oversight; or substituted for the Board or any member thereof (B) a court of competent jurisdiction and that by such Director, the employee shall be per- as a party to any such action or proceeding. relate to functions transferred by this subtitle; mitted to select an alternate Federal health in- and surance program within 30 days of such election SEC. 322. CONTINUATION AND COORDINATION OF (2) are in effect on the date of the abolishment or notice, without regard to any other regularly CERTAIN REGULATIONS. under section 301(a) of this Act, shall remain in scheduled open season. (a) IN GENERAL.—All regulations, orders, and effect according to the terms of such regula- SEC. 304. TRANSFER OF PROPERTY AND FACILI- determinations described under subsection (b) tions, orders, determinations, and resolutions, TIES. shall remain in effect according to the terms of and shall be enforceable by or against the Direc- Upon the abolishment under section 301(a), all such regulations, orders, determinations, and tor of the Federal Housing Finance Agency property of the Office of Federal Housing Enter- resolutions, and shall be enforceable by or until modified, terminated, set aside, or super- prise Oversight shall transfer to the Director of against the Director of the Federal Housing Fi- seded in accordance with applicable law by such the Federal Housing Finance Agency. nance Agency until modified, terminated, set Director, as the case may be, any court of com- Subtitle B—Federal Housing Finance Board aside, or superseded in accordance with applica- petent jurisdiction, or operation of law. ble law by such Director, any court of com- SEC. 321. ABOLISHMENT OF THE FEDERAL HOUS- petent jurisdiction, or operation of law. SEC. 303. TRANSFER AND RIGHTS OF EMPLOYEES ING FINANCE BOARD. OF OFHEO. (a) IN GENERAL.—Effective at the end of the 1- (b) APPLICABILITY.—A regulation, order, or (a) TRANSFER.—Each employee of the Office of year period beginning on the date of enactment determination is described under this subsection Federal Housing Enterprise Oversight shall be of this Act, the Federal Housing Finance Board if it— transferred to the Federal Housing Finance (in this title referred to as the ‘‘Board’’) is abol- (1) was issued, made, prescribed, or allowed to Agency for employment no later than the date ished. become effective by— of the abolishment under section 301(a) of this (b) DISPOSITION OF AFFAIRS.—During the 1- (A) the Board; or Act and such transfer shall be deemed a transfer year period beginning on the date of enactment (B) a court of competent jurisdiction and re- of function for purposes of section 3503 of title of this Act, the Board, solely for the purpose of lates to functions transferred by this subtitle; 5, United States Code. winding up the affairs of the Board— and (b) GUARANTEED POSITIONS.—Each employee (1) shall manage the employees of such Board (2) is in effect on the effective date of the transferred under subsection (a) shall be guar- and provide for the payment of the compensa- abolishment under section 321(a).

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00173 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23852 CONGRESSIONAL RECORD—HOUSE October 26, 2005 SEC. 323. TRANSFER AND RIGHTS OF EMPLOYEES Subtitle C—Department of Housing and department, or instrumentality, which was pro- OF THE FEDERAL HOUSING FINANCE Urban Development viding supporting services to the Secretary re- BOARD. SEC. 341. TERMINATION OF ENTERPRISE-RE- garding enterprise-related functions of the De- (a) TRANSFER.—Each employee of the Board LATED FUNCTIONS. partment before the termination date under sub- shall be transferred to the Federal Housing Fi- (a) TERMINATION DATE.—For purposes of this section (a) in connection with such functions nance Agency for employment not later than the subtitle, the term ‘‘termination date’’ means the that are transferred to the Director of the Fed- effective date of the abolishment under section date that occurs one year after the date of the eral Housing Finance Agency shall— 321(a), and such transfer shall be deemed a enactment of this Act. (A) continue to provide such services, on a re- transfer of function for purposes of section 3503 (b) DETERMINATION OF TRANSFERRED FUNC- imbursable basis, until the transfer of such of title 5, United States Code. TIONS AND EMPLOYEES.— functions is complete; and (b) GUARANTEED POSITIONS.—Each employee (1) IN GENERAL.—Not later than the expiration (B) consult with any such agency to coordi- transferred under subsection (a) shall be guar- of the 6-month period beginning on the date of nate and facilitate a prompt and reasonable anteed a position with the same status, tenure, the enactment of this Act, the Secretary, in con- transition. grade, and pay as that held on the day imme- sultation with the Director of the Office of Fed- (f) SAVINGS PROVISIONS.— diately preceding the transfer. Each such em- (1) EXISTING RIGHTS, DUTIES, AND OBLIGATIONS eral Housing Enterprise Oversight, shall deter- ployee holding a permanent position shall not NOT AFFECTED.—Subsection (a) shall not affect mine— be involuntarily separated or reduced in grade the validity of any right, duty, or obligation of (A) the functions, duties, and activities of the or compensation for 12 months after the date of the United States, the Secretary, or any other Secretary of Housing and Urban Development transfer, except for cause or, if the employee is person, which— regarding oversight or regulation of the enter- a temporary employee, separated in accordance (A) arises under the authorizing statutes, title prises under or pursuant to the authorizing with the terms of the appointment. XIII of the Housing and Community Develop- statutes, title XIII of the Housing and Commu- (c) APPOINTMENT AUTHORITY FOR EXCEPTED ment Act of 1992, or any other provision of law nity Development Act of 1992, and any other AND SENIOR EXECUTIVE SERVICE EMPLOYEES.— applicable with respect to the Secretary, in con- provisions of law, as in effect before the date of (1) IN GENERAL.—In the case of employees oc- nection with the enterprise-related functions of the enactment of this Act, but not including any cupying positions in the excepted service or the the Department; and Senior Executive Service, any appointment au- such functions, duties, and activities of the Di- (B) existed on the day before the termination thority established under law or by regulations rector of the Office of Federal Housing Enter- date under subsection (a). of the Office of Personnel Management for fill- prise Oversight of the Department of Housing (2) CONTINUATION OF SUITS.—No action or ing such positions shall be transferred, subject and Urban Development and such Office; and other proceeding commenced by or against the to paragraph (2). (B) the employees of the Department of Hous- Secretary in connection with the enterprise-re- (2) DECLINE OF TRANSFER.—The Director of ing and Urban Development necessary to per- lated functions of the Department shall abate by the Federal Housing Finance Agency may de- form such functions, duties, and activities. reason of the enactment of this Act, except that cline a transfer of authority under paragraph (2) ENTERPRISE-RELATED FUNCTIONS.—For the Director of the Federal Housing Finance (1) to the extent that such authority relates to purposes of this subtitle, the term ‘‘enterprise- Agency shall be substituted for the Secretary or positions excepted from the competitive service related functions of the Department’’ means the any member thereof as a party to any such ac- because of their confidential, policymaking, pol- functions, duties, and activities of the Depart- tion or proceeding. ment of Housing and Urban Development deter- icy-determining, or policy-advocating character, SEC. 342. CONTINUATION AND COORDINATION OF and noncareer positions in the Senior Executive mined under paragraph (1)(A). CERTAIN REGULATIONS. Service (within the meaning of section 3132(a)(7) (3) ENTERPRISE-RELATED EMPLOYEES.—For (a) IN GENERAL.—All regulations, orders, and of title 5, United States Code). purposes of this subtitle, the term ‘‘enterprise- determinations described in subsection (b) shall (d) REORGANIZATION.—If the Director of the related employees of the Department’’ means the remain in effect according to the terms of such Federal Housing Finance Agency determines, employees of the Department of Housing and regulations, orders, determinations, and resolu- after the end of the 1-year period beginning on Urban Development determined under para- tions, and shall be enforceable by or against the the effective date of the abolishment under sec- graph (1)(B). Director of the Federal Housing Finance Agency tion 321(a), that a reorganization of the com- (c) DISPOSITION OF AFFAIRS.—During the 1- until modified, terminated, set aside, or super- bined workforce is required, that reorganization year period beginning on the date of enactment seded in accordance with applicable law by such shall be deemed a major reorganization for pur- of this Act, the Secretary of Housing and Urban Director, any court of competent jurisdiction, or poses of affording affected employees retirement Development (in this title referred to as the operation of law. under section 8336(d)(2) or 8414(b)(1)(B) of title ‘‘Secretary’’), solely for the purpose of winding (b) APPLICABILITY.—A regulation, order, or 5, United States Code. up the affairs of the Secretary regarding the en- determination is described under this subsection (e) EMPLOYEE BENEFIT PROGRAMS.— terprise-related functions of the Department of if it— (1) IN GENERAL.—Any employee of the Board Housing and Urban Development (in this title (1) was issued, made, prescribed, or allowed to accepting employment with the Federal Housing referred to as the ‘‘Department)’’ — become effective by— Finance Agency as a result of a transfer under (1) shall manage the enterprise-related em- (A) the Secretary; or subsection (a) may retain for 12 months after ployees of the Department and provide for the (B) a court of competent jurisdiction and that the date on which such transfer occurs member- payment of the compensation and benefits of relate to the enterprise-related functions of the ship in any employee benefit program of the any such employee which accrue before the ef- Department; and Federal Housing Finance Agency or the Board, fective date of the transfer of any such employee (2) is in effect on the termination date under as applicable, including insurance, to which under section 343; and section 341(a). such employee belongs on the effective date of (2) may take any other action necessary for SEC. 343. TRANSFER AND RIGHTS OF EMPLOYEES. the abolishment under section 321(a) if— the purpose of winding up the enterprise-related (a) TRANSFER.— (A) the employee does not elect to give up the functions of the Department. (1) IN GENERAL.—Except as provided in para- benefit or membership in the program; and (d) STATUS OF EMPLOYEES BEFORE TRANS- graph (2), each enterprise-related employee of (B) the benefit or program is continued by the FER.—The amendments made by titles I and II the Department shall be transferred to the Fed- Director of the Federal Housing Finance Agen- and the termination of the enterprise-related eral Housing Finance Agency for employment cy. functions of the Department under subsection not later than the termination date under sec- (2) COST DIFFERENTIAL.—The difference in the (b) may not be construed to affect the status of tion 341(a) and such transfer shall be deemed a costs between the benefits which would have any employee of the Department as employees of transfer of function for purposes of section 3503 been provided by the Board and those provided an agency of the United States for purposes of of title 5, United States Code. by this section shall be paid by the Director of any other provision of law before the effective (2) AUTHORITY TO DECLINE.—An enterprise-re- the Federal Housing Finance Agency. If any date of the transfer of any such employee under lated employee of the Department may, in the employee elects to give up membership in a section 343. discretion of the employee, decline transfer health insurance program or the health insur- (e) USE OF PROPERTY AND SERVICES.— under paragraph (1) to a position in the Federal ance program is not continued by such Director, (1) PROPERTY.—The Director of the Federal Housing Finance Agency and shall be guaran- the employee shall be permitted to select an al- Housing Finance Agency may use the property teed a position in the Department with the same ternate Federal health insurance program with- of the Secretary to perform functions which status, tenure, grade, and pay as that held on in 30 days after such election or notice, without have been transferred to the Director of the Fed- the day immediately preceding the date that regard to any other regularly scheduled open eral Housing Finance Agency for such time as is such declination was made. Each such employee season. reasonable to facilitate the orderly transfer of holding a permanent position shall not be invol- SEC. 324. TRANSFER OF PROPERTY AND FACILI- functions transferred under any other provision untarily separated or reduced in grade or com- TIES. of this Act or any amendment made by this Act pensation for 12 months after the date that the Upon the effective date of the abolishment to any other provision of law. transfer would otherwise have occurred, except under section 321(a), all property of the Board (2) AGENCY SERVICES.—Any agency, depart- for cause or, if the employee is a temporary em- shall transfer to the Director of the Federal ment, or other instrumentality of the United ployee, separated in accordance with the terms Housing Finance Agency. States, and any successor to any such agency, of the appointment.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00174 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23853

(b) GUARANTEED POSITIONS.—Each enterprise- the funds were originally authorized and appro- Page 102, after line 19, insert the following related employee of the Department transferred priated. new subparagraph: under subsection (a) shall be guaranteed a posi- The CHAIRMAN. No amendment to ‘‘(A) Mortgages that finance dwelling units tion with the same status, tenure, grade, and the committee amendment is in order for low-income families.’’. pay as that held on the day immediately pre- except those printed in House Report Page 102, line 20, strike ‘‘(A)’’ and insert ceding the transfer. Each such employee holding 109–254. Each amendment may be of- ‘‘(B)’’. a permanent position shall not be involuntarily Page 102, line 22, strike ‘‘(B)’’ and insert separated or reduced in grade or compensation fered only in the order printed in the ‘‘(C)’’. for 12 months after the date of transfer, except report, by a Member designated in the Strike line 17 on page 119 and all that fol- for cause or, if the employee is a temporary em- report, shall be considered read, shall lows through line 9 on page 138 and insert the ployee, separated in accordance with the terms be debatable for the time specified in following: of the appointment. the report, equally divided and con- SEC. 128. AFFORDABLE HOUSING FUND. (c) APPOINTMENT AUTHORITY FOR EXCEPTED trolled by the proponent and an oppo- (a) IN GENERAL.—The Housing and Commu- AND SENIOR EXECUTIVE SERVICE EMPLOYEES.— nent, shall not be subject to amend- nity Development Act of 1992 is amended by (1) IN GENERAL.—In the case of employees oc- ment, and shall not be subject to a de- cupying positions in the excepted service or the striking sections 1337 and 1338 (12 U.S.C. 4562 mand for division of the question. note) and inserting the following new sec- Senior Executive Service, any appointment au- It is now in order to consider amend- thority established under law or by regulations tion: of the Office of Personnel Management for fill- ment No. 1 printed in House Report ‘‘SEC. 1337. AFFORDABLE HOUSING FUND. ing such positions shall be transferred, subject 109–254. ‘‘(a) ESTABLISHMENT AND PURPOSE.—Each to paragraph (2). AMENDMENT NO. 1 OFFERED BY MR. OXLEY enterprise shall establish and manage an af- (2) DECLINE OF TRANSFER.—The Director of Mr. OXLEY. Mr. Chairman, I offer an fordable housing fund in accordance with the Federal Housing Finance Agency may de- amendment. this section. The purpose of the affordable cline a transfer of authority under paragraph The CHAIRMAN. The Clerk will des- housing fund shall be— (1) to the extent that such authority relates to ignate the amendment. ‘‘(1) to increase homeownership for ex- positions excepted from the competitive service The text of the amendment is as fol- tremely low-and very low-income families; because of their confidential, policymaking, pol- lows: ‘‘(2) to increase investment in housing in icy-determining, or policy-advocating character, Amendment No. 1 offered by Mr. low-income areas, and areas designated as and noncareer positions in the Senior Executive qualified census tracts or an area of chronic OXLEY: Service (within the meaning of section 3132(a)(7) Page 6, strike lines 3 through 5 and insert economic distress pursuant to section 143(j) of title 5, United States Code). the following new subparagraph: of the Internal Revenue Code of 1986 (26 (d) REORGANIZATION.—If the Director of the ‘‘(C) any independent contractor for a reg- U.S.C. 143(j)); Federal Housing Finance Agency determines, ulated entity (including any attorney, ap- ‘‘(3) to increase and preserve the supply of after the end of the 1-year period beginning on praiser, or accountant), if— rental and owner-occupied housing for ex- the termination date under section 341(a), that ‘‘(i) the independent contractor knowingly tremely low- and very low-income families; a reorganization of the combined workforce is or recklessly participates in— ‘‘(4) to increase investment in public infra- required, that reorganization shall be deemed a ‘‘(I) any violation of any law or regulation; structure development in connection with major reorganization for purposes of affording ‘‘(II) any breach of fiduciary duty; or housing assisted under this section; and affected employees retirement under section ‘‘(III) any unsafe or unsound practice; and ‘‘(5) to leverage investments from other 8336(d)(2) or 8414(b)(1)(B) of title 5, United ‘‘(ii) such violation, breach, or practice sources in affordable housing and in public States Code. caused, or is likely to cause, more than a infrastructure development in connection (e) EMPLOYEE BENEFIT PROGRAMS.— minimal financial loss to, or a significant with housing assisted under this section (1) IN GENERAL.—Any enterprise-related em- adverse effect on, the regulated entity; and’’. ‘‘(b) ALLOCATION OF AMOUNTS BY ENTER- ployee of the Department accepting employment Page 12, line 8, strike the quotations PRISES.— with the Federal Housing Finance Agency as a marks and the last period. ‘‘(1) IN GENERAL.—In accordance with regu- result of a transfer under subsection (a) may re- Page 12, after line 8, insert the following lations issued by the Director under sub- tain for 12 months after the date on which such new subsection: section (k) and subject to paragraphs (2) and transfer occurs membership in any employee ‘‘(g) OMBUDSMAN.—The Director shall es- (3) of this subsection and subsection (f)(5), benefit program of the Federal Housing Finance tablish, by regulation, an Office of the Om- each enterprise shall allocate to the afford- Agency or the Department, as applicable, in- budsman in the Agency. Such regulations able housing fund established under sub- cluding insurance, to which such employee be- shall provide that the Ombudsman will con- section (a) by the enterprise— longs on the termination date under section sider complaints and appeals from any regu- ‘‘(A) in the year in which the effective date 341(a) if— lated entity and any person that has a busi- under section 185 of the Federal Housing Fi- (A) the employee does not elect to give up the ness relationship with a regulated entity and nance Reform Act of 2005 occurs, 3.5 percent benefit or membership in the program; and shall specify the duties and authority of the of the after-tax income of the enterprise for (B) the benefit or program is continued by the Ombudsman.’’. the preceding year; Director of the Federal Housing Finance Agen- Page 15, line 2, before the period insert ‘‘, ‘‘(B) in the year after the year referred to cy. or request that the Attorney General of the in subparagraph (A), 3.5 percent of the after- (2) COST DIFFERENTIAL.—The difference in the United States act on behalf of the Director’’. tax income of the enterprise for the pre- costs between the benefits which would have Page 15, after line 2, insert the following ceding year; and new paragraph: been provided by the Department and those pro- ‘‘(C) in each of the first three years after ‘‘(2) CONSULTATION WITH ATTORNEY GEN- vided by this section shall be paid by the Direc- the year referred to in subparagraph (B), 5 ERAL.—The Director shall provide notice to, tor of the Federal Housing Finance Agency. If percent of the after-tax income of the enter- and consult with, the Attorney General of any employee elects to give up membership in a prise for the preceding year. the United States before taking an action health insurance program or the health insur- ‘‘(2) LIMITATION.—An enterprise shall not ance program is not continued by such Director, under paragraph (1) of this subsection or be required to make an allocation for a year the employee shall be permitted to select an al- under section 1344(a), 1345(d), 1348(c), 1372(e), to the affordable housing fund of the enter- ternate Federal health insurance program with- 1375(a), 1376(d), or 1379D(c), except that, if the prise established under subsection (a) unless in 30 days after such election or notice, without Director determines that any delay caused the enterprise generated after-tax income for regard to any other regularly scheduled open by such prior notice and consultation may the preceding year. adversely affect the safety and soundness re- season. ‘‘(3) SUSPENSION OF CONTRIBUTIONS.—The sponsibilities of the Director under this title, SEC. 344. TRANSFER OF APPROPRIATIONS, PROP- Director shall temporarily suspend the allo- the Director shall notify the Attorney Gen- ERTY, AND FACILITIES. cation under paragraph (1) by an enterprise eral as soon as reasonably possible after tak- Upon the termination date under section to the affordable housing fund of the entering such action.’’. 341(a), all assets, liabilities, contracts, property, prise upon a finding by the Director that Page 15, line 3, strike ‘‘(2)’’ and insert records, and unexpended balances of appropria- such allocations— ‘‘(3)’’. tions, authorizations, allocations, and other Page 25, line 13, after the period insert ‘‘(A) are contributing, or would contribute, funds employed, held, used, arising from, avail- quotation marks and a period. to the financial instability of the enterprise; able to, or to be made available to the Depart- Page 25, strike lines 14 through 16. ‘‘(B) are causing, or would cause, the enter- ment in connection with enterprise-related func- Page 66, after line 12 add the following new prise to be classified as undercapitalized; or tions of the Department shall transfer to the Di- subsection: ‘‘(C) are preventing, or would prevent, the rector of the Federal Housing Finance Agency. (e) EFFECTIVE DATE.—This section shall enterprise from successfully completing a Unexpended funds transferred by this section take effect on the date of the enactment of capital restoration plan under section 1369C. shall be used only for the purposes for which this Act. ‘‘(4) 5-YEAR SUNSET AND REPORT.—

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00175 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23854 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(A) SUNSET.—The enterprises shall not be the Cranston-Gonzalez National Affordable ‘‘(iii) make any lobbying expenditure, (as required to make allocations to the afford- Housing Act and applicable to the partici- such term is defined in such section able housing funds in the 5th year after the pating jurisdiction that is the State in which 501(h)(2)), except that this clause shall not year in which the effective date under sec- such housing is located; and apply to any such expenditure by an organi- tion 185 of the Federal Housing Finance Re- ‘‘(3) public infrastructure development ac- zation described in section 501(c)(3) of the In- form Act of 2005 occurs or in any year there- tivities in connection with housing activities ternal Revenue Code of 1986 that is exempt after. funded under paragraph (1) or (2). from taxation under subsection (a) of such ‘‘(B) REPORT ON PROGRAM CONTINUANCE.— ‘‘(e) ELIGIBLE RECIPIENTS.— section 501, to the extent that such expendi- Not later 6 months before the end of the last ‘‘(1) IN GENERAL.—Amounts from the af- ture does not exceed the amount under such year in which the allocations are required fordable housing fund of an enterprise may Code for which such exemption may be de- under paragraph (1), the Director shall sub- be provided only to a recipient that is an or- nied; or mit to the Committee on Financial Services ganization, agency, or other entity (includ- ‘‘(iv) maintain any affiliation with any or- of the House of Representatives and the ing a for-profit entity, a nonprofit entity, a ganization, agency, or other entity that does Committee on Banking, Housing, and Urban federally recognized tribe, an Alaskan Na- not comply with clauses (i), (ii), and (iii) of Affairs of the Senate a report making rective village, and a faith-based organization) this subparagraph. ommendations on whether the program that— ‘‘(3) AFFILIATION.— under this section, including the require- ‘‘(A) has a demonstrated capacity for car- ‘‘(A) IN GENERAL.—A recipient organiza- ment for the enterprises to make allocations rying out activities of the type that are to be tion, agency, or entity shall be considered to to the affordable housing funds, should be ex- funded with such affordable housing fund be affiliated with another entity, for pur- tended and on any modifications for the pro- amounts; and poses of paragraph (2), if such recipient enti- gram. ‘‘(B) makes such assurances to the enter- ty controls, is controlled by, or is under ‘‘(5) DETERMINATION OF AFTER-TAX IN- prise as the Director shall, by regulation, re- common control with such other entity. COME.—For purposes of this section, the term quire to ensure that the recipient will com- ‘‘(B) CONTROL.—The existence of any of the ‘after-tax income’ means, with respect to an ply with the requirements of this section (in- following relationships between a recipient enterprise for a year, the amount reported cluding, in the case of any organization, entity and another entity shall indicate that by the enterprise for such year in the enter- agency, or entity subject to paragraph (2), control exists for purposes of subparagraph prise’s annual report for such year that is all of the requirements specified under such (A): paragraph) during the entire period that be- filed with the Securities and Exchange Com- ‘‘(i) OVERLAPPING BOARD MEMBERSHIP.—In- mission, except that for any year in which gins upon selection of the recipient to re- dividuals serve in a similar capacity as offi- ceive amounts from the affordable housing no such filing is made by an enterprise or cers, executives, or staff of both the recipi- fund of the enterprise and ending upon the such filing is not timely made, such term ent entity and the other entity. conclusion of all activities under subsection means the amount determined by the Direc- ‘‘(ii) SHARED RESOURCES.—The recipient en- (d) that are engaged in by the recipient and tor based on the income tax return filings of tity and the other entity share office space, funded with such affordable housing fund the enterprise. staff members, supplies, resources, or mar- amounts; and ‘‘(c) SELECTION OF ACTIVITIES FUNDED keting materials, including Internet and ‘‘(C) in the case of any recipient who is not USING AFFORDABLE HOUSING FUND other forms of public communication. a for-profit entity or a government agency or AMOUNTS.—Amounts from the affordable ‘‘(iii) FUNDING.—The recipient entity re- authority, complies with all of the require- housing fund of the enterprise may be used, ceives more than 20 percent of its total fund- ments under paragraph (2). or committed for use, only for activities ing from such other entity or provides more ‘‘(2) ADDITIONAL REQUIREMENTS FOR RECIPI- that— than 20 percent of the total funding of such ENTS OTHER THAN FOR-PROFIT ENTITIES.—The ‘‘(1) are eligible under subsection (d) for requirements under this paragraph with re- other entity. such use; and spect to any organization, agency, or entity ‘‘(iv) OTHER.—The recipient entity or such ‘‘(2) are selected for funding by the enter- that is not a for-profit entity or a govern- other entity exhibits any other indicia of prise in accordance with the process and cri- ment agency or authority are that the orga- substantial overlap or common control as teria for such selection established pursuant nization, agency, or entity— may be set forth in regulation by the Direc- to subsection (k)(2)(C). ‘‘(A) shall have as its primary purpose the tor. ‘‘(d) ELIGIBLE ACTIVITIES.—Amounts from provision of affordable housing, as defined by ‘‘(4) FOR PROFIT.—For purposes of this sub- the affordable housing fund of an enterprise the Director; section, the term ‘for-profit entity’ means shall be eligible for use, or for commitment ‘‘(B) shall make such assurances to the en- any entity any part of the net earnings of for use, only for assistance for— terprise as the Director shall, by regulation, which inure to the benefit of any private ‘‘(1) the production, preservation, and re- require to ensure that such affordable hous- shareholder, member, founder, contributor, habilitation of rental housing, including ing fund amounts— or individual. housing under the programs identified in sec- ‘‘(i) are used only to supplement, and to ‘‘(f) LIMITATIONS ON USE.— tion 1335(a)(2)(B), except that amounts pro- the extent practical, to increase the level of ‘‘(1) REQUIRED AMOUNT FOR REFCORP.—Of vided from the Fund may be used for the funds that would, in the absence of amounts any amounts allocated pursuant to sub- benefit only of extremely low- and very low- made available from the affordable housing section (b) in each year to the affordable income families; fund, be made available from other sources housing fund of an enterprise, 25 percent ‘‘(2) the production, preservation, and re- for the recipient to carry out activities of shall be used as provided in section habilitation of housing for homeownership, the type that are eligible under subsection 21B(f)(2)(E) of the Federal Home Loan Bank including such forms as downpayment assist- (d) for funding with affordable housing fund Act (12 U.S.C. 1441b(f)(2)(E)). ance, closing cost assistance, and assistance amounts; and ‘‘(2) REQUIRED AMOUNT FOR HOMEOWNERSHIP for interest-rate buy-downs, that— ‘‘(ii) are not in any case used so as to sup- ACTIVITIES.—Of any amounts allocated pur- ‘‘(A) is available for purchase only for use plant any funds from other sources that are suant to subsection (b) in each year to the as a principal residence by families that made available for such activities of the re- affordable housing fund of an enterprise, not qualify both as— cipient; and less than 10 percent shall be used for activi- ‘‘(i) extremely low- and very-low income ‘‘(C) does not, at the time during the pe- ties under paragraph (2) of subsection (d). families at the times described in subpara- riod that begins 12 months before submission ‘‘(3) MAXIMUM AMOUNT FOR PUBLIC INFRA- graphs (A) through (C) of section 215(b)(2) of of an application for funding from the afford- STRUCTURE DEVELOPMENT ACTIVITIES IN CON- the Cranston-Gonzalez National Affordable able housing fund of the enterprise and end- NECTION WITH AFFORDABLE HOUSING ACTIVI- Housing Act (42 U.S.C. 12745(b)(2)); and ing upon the expiration of the period referred TIES.—Of any amounts allocated pursuant to ‘‘(ii) first-time homebuyers, as such term to in paragraph (1)(B)— subsection (b) in each year to the affordable is defined in section 104 of the Cranston-Gon- ‘‘(i) engage in any Federal election activ- housing fund of an enterprise, not more than zalez National Affordable Housing Act (42 ity, as such term is defined in paragraph (20) 12.5 percent may be used for activities under U.S.C. 12704), except that any reference in of section 301 of the Federal Election Cam- paragraph (3) of subsection (d). such section to assistance under title II of paign Act of 1971 (2 U.S.C. 431(20)), except ‘‘(4) DEADLINE FOR COMMITMENT OR USE.— such Act shall for purposes of this section be that, notwithstanding the 120-day limitation Any amounts allocated to the affordable considered to refer to assistance from the af- in subparagraph (A)(i) of such paragraph, housing fund of an enterprise shall be used or fordable housing fund of the enterprise; such term shall include voter registration committed for use within two years of the ‘‘(B) has an initial purchase price that activity during any period; date of such allocation. meets the requirements of section 215(b)(1) of ‘‘(ii) make any expenditure for any elec- ‘‘(5) USE OF RETURNS.—The Director shall, the Cranston-Gonzalez National Affordable tioneering communication (as such term is by regulation— Housing Act; and defined in section 304(f)(3) of the Federal ‘‘(A) provide that any return on a loan or ‘‘(C) is subject to the same resale restric- Election Campaign Act of 1971 (2 U.S.C. other investment of any amounts allocated tions established under section 215(b)(3) of 434(f)(3)); pursuant to subsection (b) to the affordable

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00176 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23855 housing fund of an enterprise shall count the affordable housing fund of the enterprise moting affordable housing for extremely against the allocation required under sub- has used any such amounts in a manner that low- and very low-income households. section (b) to be made by the enterprise for is materially in violation of this section, the ‘‘(2) TERMS.— the year following such return; and regulations issued under this section, or any ‘‘(A) IN GENERAL.—Except as provided in ‘‘(B) establish such limitations as may be requirements or conditions under which such subparagraph (B), the term of each member necessary to ensure that the amount or like- amounts were provided— of the affordable housing board appointed lihood of return is not the primary consider- ‘‘(i) the enterprise shall notify the Director pursuant to paragraph (1) (but not including ation of awarding of allocated amounts to re- of such misuse of amounts and the actions members appointed pursuant to subpara- cipients. taken under this subparagraph with respect graphs (A), (B), and (C)) shall be 3 years. ‘‘(6) PROHIBITED USES.—The Director to the recipient; ‘‘(B) INITIAL APPOINTEES.—The Director shall— ‘‘(ii) such recipient shall be ineligible in shall appoint the initial members of the af- ‘‘(A) by regulation, set forth prohibited perpetuity to receive of any further amounts fordable housing board not later than the ex- uses of amounts from the affordable housing from the affordable housing fund of such en- piration of the 60-day period beginning on funds of the enterprises, which shall include terprise; and the effective date under section 185 of the use for— ‘‘(iii) the enterprise shall require the re- Federal Housing Finance Reform Act of 2005. ‘‘(i) political activities; cipient to reimburse the enterprise for such As designated by the Director at the time of ‘‘(ii) advocacy; misused amounts and return to the enter- appointment, of the members of the afford- ‘‘(iii) lobbying, whether directly or prise any amounts from the affordable hous- able housing board first appointed pursuant through other parties; ing fund of the enterprise that remain un- to paragraph (1) (but not including members ‘‘(iv) counseling services; used or uncommitted for use. appointed pursuant to subparagraphs (A), ‘‘(v) travel expenses; and The remedies under this subparagraph are in (B), and (C))— ‘‘(vi) preparing or providing advice on tax addition to any other remedies that may be ‘‘(i) in the case of a board having 7 mem- returns; available under law. bers— ‘‘(B) by regulation, provide that, except as ‘‘(2) ENTERPRISES.— ‘‘(I) one shall be appointed for a term of provided in subparagraph (C), amounts allo- ‘‘(A) QUARTERLY REPORTS.—The Director one year; and cated to the affordable housing fund of an shall require each enterprise to submit a re- ‘‘(II) one shall be appointed for a term of enterprise may not be used for administra- port, on a quarterly basis, to the Director two years; tive, outreach, or other costs of— and the affordable housing board established ‘‘(ii) in the case of a board having 9 mem- ‘‘(i) the enterprise; or under subsection (j) describing the activities bers— ‘‘(ii) any recipient of amounts from the af- funded under this section during such quar- ‘‘(I) two shall be appointed for a term of fordable housing fund; and ter with amounts from the affordable hous- one year; and ‘‘(C) by regulation, limit the amount of ing fund of the enterprise established under ‘‘(II) two shall be appointed for a term of any such contributions that may be used for this section. The Director shall make such two years; and administrative costs of the enterprise of reports publicly available. The affordable ‘‘(iii) in the case of a board having 11 mem- maintaining the affordable housing fund and housing board shall review each report by an bers— carrying out the program under this section. enterprise to determine the consistency of ‘‘(I) two shall be appointed for a term of ‘‘(7) PROHIBITION OF CONSIDERATION OF USE such activities funded with the criteria for one year; and FOR MEETING HOUSING GOALS.—In determining selection of such activities established pur- ‘‘(II) three shall be appointed for a term of compliance with the housing goals under suant to subsection (k)(2)(C). two years; this subpart, the Director may not consider ‘‘(B) REPLENISHMENT.—If the Director de- ‘‘(3) DUTIES.—The duties of the affordable amounts used under this section for eligible termines that an activity funded by an en- housing board shall be— activities under subsection (d). The Director terprise with amounts from the affordable ‘‘(A) to determine extremely low- and very shall give credit toward the achievement of housing fund of the enterprise is not con- low-income housing needs; such housing goals to purchases of mort- sistent with the criteria established pursu- ‘‘(B) to advise the Director with respect gages for housing that receives funding ant to subsection (k)(2)(C), the Director shall to— under this section, but only to the extent require the enterprise to allocate to such af- ‘‘(i) establishment of the selection criteria that such purchases are funded other than fordable housing fund (in addition to under subsection (k)(2)(C) that provide for under this section. amounts allocated in compliance with sub- appropriate use of amounts from the afford- ‘‘(8) PROHIBITION ON CERTAIN REDISTRIBU- section (b)) an amount equal to the sum of able housing funds of the enterprises to meet TION OF AMOUNTS.—The Director shall, by the amounts from the affordable housing such needs; and regulation, ensure that amounts from the af- fund used and further committed for use for ‘‘(ii) operation of, and changes to, the pro- fordable housing fund of an enterprise award- such activity. gram under this section appropriate to meet ed under this section to a national nonprofit ‘‘(h) CAPITAL REQUIREMENTS.—The utiliza- such needs; and housing intermediary are not redistributed tion or commitment of amounts from the af- ‘‘(C) to review the reports submitted by the to other nonprofit entities. fordable housing fund of an enterprise shall enterprises pursuant to subsection (g)(1) to ‘‘(g) ACCOUNTABILITY OF RECIPIENTS AND not be subject to the risk-based capital re- determine whether the activities funded ENTERPRISES.— quirements established pursuant to section using amounts from the affordable housing ‘‘(1) RECIPIENTS.— 1361(a). funds of the enterprises comply with the reg- ‘‘(A) TRACKING OF FUNDS.—The Director ‘‘(i) REPORTING REQUIREMENT.—Each enter- ulations issued pursuant to subsection shall— prise shall include, in the report required (k)(2)(C) and inform the Director of such de- ‘‘(i) require each enterprise to develop and under section 309(m) of the Federal National terminations, for purposes of subsection maintain a system to ensure that each re- Mortgage Association Charter Act or section (g)(2). cipient of amounts from the affordable hous- 307(f) of the Federal Home Loan Mortgage ‘‘(4) MEETINGS.—The board shall meet not ing fund of the enterprise uses such amounts Corporation Act, as applicable, a description less than quarterly, except that during the 2- in accordance with this section, the regula- of the actions taken by the enterprise to uti- year period referred to in paragraph (7), the tions issued under this section, and any re- lize or commit amounts allocated under this board shall meet only as the Director deter- quirements or conditions under which such section to the affordable housing fund of the mines necessary. amounts were provided; and enterprise established under this section. ‘‘(5) EXPENSES AND PER DIEM.—Members of ‘‘(ii) establish minimum requirements for ‘‘(j) AFFORDABLE HOUSING BOARD.— the board shall receive travel expenses, in- agreements, between the enterprises and re- ‘‘(1) APPOINTMENT.—The Director shall ap- cluding per diem in lieu of subsistence, in ac- cipients, regarding grants from the afford- point an affordable housing board of 7, 9, or cordance with sections 5702 and 5703 of title able housing funds of the enterprises, which 11 persons, who shall include— 5, United States Code. shall include— ‘‘(A) the Director, or the Director’s des- ‘‘(6) ADVISORY COMMITTEE.—The board shall ‘‘(I) appropriate continuing financial and ignee; be considered an advisory committee for pur- project reporting, record retention, and ‘‘(B) the Secretary of Housing and Urban poses of the Federal Advisory Committee audit requirements for the duration of the Development, or the Secretary’s designee; Act (5 U.S.C. App.). grant to ensure compliance with the limita- ‘‘(C) the Secretary of Agriculture, or the ‘‘(7) TERMINATION.— The board shall termi- tions and requirements of this section and Secretary’s designee; nate upon the expiration of the 2-year period the regulation under this section; and ‘‘(D) 2 persons from for-profit organiza- that begins upon the conclusion of the last ‘‘(II) any other requirements that the Di- tions or businesses actively involved in pro- year referred to in subsection (b)(1)(C). rector determines are necessary to ensure viding or promoting affordable housing for ‘‘(k) REGULATIONS.— appropriate grant administration and com- extremely low- and very low-income house- ‘‘(1) IN GENERAL.—The Director shall issue pliance. holds; and regulations to carry out this section. ‘‘(B) MISUSE OF FUNDS.—If an enterprise de- ‘‘(E) 2 persons from nonprofit organiza- ‘‘(2) REQUIRED CONTENTS.—The regulations termines that any recipient of amounts from tions actively involved in providing or pro- issued under this subsection shall include—

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00177 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23856 CONGRESSIONAL RECORD—HOUSE October 26, 2005 ‘‘(A) authority for the Director to audit, section shall be enforceable under subpart C. shall forfeit and pay a civil money penalty of provide for an audit, or otherwise verify an Any reference in such subpart to this part or not more than $10,000 for each day during enterprise’s activities, to ensure compliance to an order, rule, or regulation under this which such violation continues.’’. with this section; part specifically includes this section and Page 249, strike lines 4 through 10 and in- ‘‘(B) a requirement that the Director en- any order, rule, or regulation under this sec- sert the following: sure that the affordable housing fund of each tion.’’. ‘‘(iii) results in pecuniary gain or other enterprise is audited not less than annually (b) CONTRIBUTIONS FOR TRANSITION PE- benefit to such party, to ensure compliance with this section; RIOD.— the regulated entity or regulated entity-af- ‘‘(C) requirements for a process for applica- (1) RESERVATION AND CONTRIBUTION; PROHI- filiated party shall forfeit and pay a civil tion to, and selection by, an enterprise for BITION OF DOUBLE CONTRIBUTIONS.—If the date penalty of not more than $50,000 for each day activities to be funded with amounts from of the enactment of this Act does not occur during which such violation, practice, or the affordable housing fund, which shall pro- in the same calendar year as the effective breach continues.’’. vide that— date under section 185 of this Act, each en- Strike line 22 on page 249 and all that fol- ‘‘(i) selection shall be based upon specific terprise (as such term is defined in section lows through line 5 on page 250, and insert criteria, which shall provide that— 1303 of the Housing and Community Develop- the following: ‘‘(I) in any selection of activities occurring ment Act of 1992) shall, in the year that such ‘‘(B) knowingly or recklessly causes a sub- during the 2-year period beginning on the ef- date of enactment occurs, reserve for con- stantial loss to such regulated entity or a fective date under section 185 of the Federal tribution to the affordable housing fund to substantial pecuniary gain or other benefit Housing Finance Reform Act of 2005, addi- be established by the enterprise pursuant to to such party by reason of such violation, tional weight shall be given to applications section 1337 of such Act (as amended by sub- practice, or breach, for eligible activities under subsection (d) section (a) of this section) an amount equal shall forfeit and pay a civil penalty in an that— to 3.5 percent of the after-tax income of the amount not to exceed the applicable max- ‘‘(aa) are to be carried out in any area that enterprise for the preceding year. Upon the imum amount determined under paragraph was declared by the President as a major dis- establishment of such affordable housing (4) for each day during which such violation, aster area pursuant to the Robert T. Stafford fund, each enterprise shall allocate to such practice, or breach continues.’’. Disaster Relief and Emergency Assistance fund the amounts reserved under this para- Page 278, line 21, after the comma insert Act as result of Hurricane Katrina or Hurri- graph by the enterprise. ‘‘this title shall take effect on and’’. cane Rita in 2005; or (2) EXCEPTION TO DEADLINE FOR COMMIT- Page 278, line 23, strike ‘‘1-year’’ and insert ‘‘(bb) the enterprise determines, in accord- MENT.—Section 1337(f)(4) of the Housing and ‘‘6-month’’. ance with regulations issued by the Director, Community Development Act of 1992 (as Page 296, line 19, after the period insert the serve persons significantly affected by the amended by subsection (a) of this section) following: ‘‘This section shall take effect on occurrence of Hurricane Katrina or Hurri- shall not apply to any amounts allocated to the date of the enactment of this Act.’’ cane Rita in 2005 (including persons displaced the affordable housing fund of an enterprise Page 296, line 21, after the comma insert as a result of such hurricanes and persons pursuant to paragraph (1) of this subsection. ‘‘this title shall take effect on and’’. whose affordable housing opportunities are Page 296, line 23, strike ‘‘1-year’’ and insert significantly affected by the presence of per- (3) AFTER-TAX INCOME.—For purposes of ‘‘6-month’’. sons displaced as a result of such hurri- this subsection, the term ‘‘after-tax income’’ Page 297, line 13, strike ‘‘1-year’’ and insert canes); and has the meaning provided in subsection (b)(5) ‘‘6-month’’ ‘‘(II) taking into consideration any addi- of the new section 1337 to be inserted by the Page 297, line 19, strike ‘‘1-year’’ and insert tional weight afforded applications pursuant amendment made by subsection (a) of this ‘‘6-month’’. to subclause (I), priority in funding shall be section. Page 297, line 22, strike ‘‘solely’’. based upon— (4) EFFECTIVE DATE.—This subsection shall Page 297, line 24, after ‘‘sight’’ insert ‘‘and ‘‘(aa) whether activities are to be carried take effect on the date of the enactment of in addition to carrying out its other respon- out in any area that, not more than 2 years this Act. sibilities under law’’. before such selection, was declared by the (c) REFCORP PAYMENTS.—Section 21B(f)(2) President as a major disaster area pursuant of the Federal Home Loan Bank Act (12 Page 302, line 25, strike ‘‘201(a)’’ and insert to the Robert T. Stafford Disaster Relief and U.S.C. 1441b(f)(2)) is amended— ‘‘301(a)’’. Emergency Assistance Act; (1) in subparagraph (E), by striking ‘‘and Page 303, line 14, strike ‘‘201(a)’’ and insert ‘‘(bb) greatest impact; (D)’’ and inserting ‘‘(D), and (E)’’; ‘‘301(a)’’. ‘‘(cc) geographic diversity; (2) by redesignating subparagraph (E) as Page 304, line 13, strike ‘‘1-year’’ and insert ‘‘(dd) ability to obligate amounts and un- subparagraph (F); and ‘‘6-month’’. dertake activities so funded in a timely man- (3) by inserting after subparagraph (D) the Page 304, line 17, strike ‘‘1-year’’ and insert ner; following new subparagraph: ‘‘6-month’’. ‘‘(ee) in the case of rental housing projects ‘‘(E) PAYMENTS BY FANNIE MAE AND FREDDIE Page 304, line 19, strike ‘‘solely’’. under subsection (d)(1), the extent to which MAC.—To the extent that the amounts avail- Page 304, line 20, after ‘‘Board’’ insert ‘‘and rents for units in the project funded are af- able pursuant to subparagraphs (A), (B), (C), in addition to carrying out its other respon- fordable, especially for extremely low-in- and (D) are insufficient to cover the amount sibilities under law’’. come families; and of interest payments, each enterprise (as Page 305, lines 23 and 24, strike ‘‘1-year’’. ‘‘(ff) in the case of rental housing projects such term is defined in section 1303 of the Page 311, line 7, strike ‘‘one year’’ and in- under subsection (d)(1), the extent of the du- Housing and Community Development Act of sert ‘‘6 months’’. ration for which such rents will remain af- 1992 (42 U.S.C. 4502)) shall transfer to the Page 311, line 11, strike ‘‘6-month’’ and in- fordable; and Funding Corporation in each calendar year sert ‘‘3-month’’. ‘‘(ii) an enterprise may not require for such the amounts allocated for use under this sub- Page 312, line 17, strike ‘‘1-year’’ and insert selection that an activity involve financing paragraph pursuant to section 1337(f)(1) of ‘‘6-month’’. or underwriting of any kind by the enter- such Act.’’. Page 312, line 20, strike ‘‘solely’’. Page 312, line 24, strike ‘‘ment)’ ’’ and in- prise (other than funding through the afford- Page 238, strike line 6 and insert the fol- sert ‘‘ment’) and in addition to carrying out able housing fund of the enterprise) and may lowing: not give preference in such selection to ac- the Secretary’s other responsibilities under (b) CONFORMING AMENDMENTS.— tivities that involve such financing; law regarding such functions’’. (1) HOUSING AND COMMUNITY DEVELOPMENT ‘‘(D) requirements to ensure that amounts ACT OF 1992.—Subtitle B of title The CHAIRMAN. Pursuant to House from the affordable housing funds of the en- Resolution 509, the gentleman from terprises used for rental housing under sub- Page 238, after line 10, insert the following Ohio (Mr. OXLEY) and the gentleman section (d)(1) are used only for the benefit of new paragraph: extremely low- and very-low income fami- (2) FEDERAL HOME LOAN BANKS.—Section 25 from Massachusetts (Mr. FRANK) each lies; and of the Federal Home Loan Bank Act (12 will control 10 minutes. ‘‘(E) limitations on public infrastructure U.S.C. 1445) is amended by striking ‘‘Board The Chair recognizes the gentleman development activities that are eligible pur- under this Act’’ and inserting ‘‘Director from Ohio (Mr. OXLEY). suant to subsection (d)(3) for funding with under section 1367 of the Housing and Com- Mr. OXLEY. Mr. Chairman, I yield munity Development Act of 1992’’. amounts from the affordable housing funds myself such time as I may consume. of the enterprises and requirements for the Page 248, line 4, after the semicolon insert ‘‘or’’. The manager’s amendment that I connection between such activities and hous- offer makes a number of substantive ing activities funded under paragraph (1) or Page 248, strike lines 5 through 11 and in- (2) of subsection (d). sert the following: and technical changes to H.R. 1461, the ‘‘(l) ENFORCEMENT.—Compliance by the en- ‘‘(D) violates any written agreement be- Federal Housing Finance Reform Act terprises with the requirements under this tween the regulated entity and the Director; of 2005.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00178 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23857 H.R. 1461, as reported by the Com- H.R. 1461 consolidates current GSE from the Affordable Housing Fund for mittee on Financial Services, greatly regulation by two agencies in HUD into anything but housing. That is very expands the affordable housing role of one agency. The manager’s amendment clear. Fannie and Freddie. There are major clarifies that existing rules and regula- b 1400 sections on new single-family and mul- tions will remain in force during the 6- tifamily housing goals, duty to serve month transition period and until The Members have said, well, and I lower-income markets, and a new Af- changed by the new Federal Housing kind of slipped into this, well, political activism, et cetera. Not a penny of the fordable Housing Fund with contribu- Finance Agency. affordable housing funds can be used tions from the enterprises. I urge adoption of the manager’s for anything but housing; and there are The bill establishes a fund to finance amendment. strict penalties if you get caught doing construction of houses for underserved Mr. Chairman, I reserve the balance that. By the way, there may be some people. It is modeled after the success- of my time. who think that if you participate in af- ful Affordable Housing Program of the Mr. FRANK of Massachusetts. Mr. fordable housing that it will be so prof- Chairman, I yield myself such time as Federal Home Loan Bank System. itable that it will generate funds that I may consume. Fannie Mae and Freddie Mac will man- you can use elsewhere. age programs funded by a percentage of Mr. Chairman, I claimed the time in When I mentioned that point yester- their earnings. opposition to the manager’s amend- day, people from the Catholic Con- The manager’s amendment moves the ment because I am in opposition to a ference and the Episcopal group and all effective date of the entire bill up from small part of the manager’s amend- the other groups started to laugh. Any- 1 year to 6 months following enactment, and, like many Members, I have one who has done subsidized housing ment, including the affordable housing a dilemma. Much of the manager’s knows the organizations usually wind funds. For the first 2 years, Fannie and amendment is what a manager’s up further subsidizing with their own Freddie will contribute 3.5 percent of amendment ought to be, the result of funds rather than end up making after-tax earnings and, subsequent to taking into account in some cases money. that, 5 percent of such earnings. Twen- things that happened after the bill But we are talking about now only ty-five percent of the GSEs’ contribu- came out of committee like the hurri- what you can do with your own money tions will go annually to the Treasury canes, some refinements. It is a very if you use affordable housing funds for Department to help pay off REFCorp, good amendment. affordable housing. We have agreed to a that is, S and L bonds, with the re- There are two small changes I would lot of restrictions. We have agreed that mainder going to the fund. like to make. First, the manager’s with your own money, if you agree to The fund will sunset in 5 years, when amendment says, unlike the bill that participate in this fund, you cannot en- its extension will be considered. During passed committee, that a nonprofit gage in any Federal election activity the first 2 years, priority consideration group may only ask for these funds and as it is defined in the Federal Election will be given to areas impacted by Hur- build housing with these funds if build- Campaign Act. You cannot make ex- ricanes Katrina and Rita. Thereafter ing housing is its primary purpose. Un- penditure for any electioneering com- priority in funding will be based on derstand that that unequivocally says munication as defined in the Federal greatest impact, geographic diversity, no faith-based institution may apply Campaign Act. You cannot make any timely action, as well as other disaster unless we have a faith-based institu- lobbying expenditure except under the area needs. tion that worships housing. I am not limits of 501(c)3. All of those we have Eligible recipients, for-profit build- aware of any, but I do not want to be accepted. They are in the manager’s ers, State housing agencies, and non- narrow-minded. There may be one. But amendment as further restrictions, and profit organizations must have a dem- any other faith-based institution has we accept them. onstrated capacity for affordable hous- as its primary purpose its faith, and All we are saying is that nonpartisan ing activities and make assurances this excludes organizations that have voter registration and get-out-the-vote that they will comply with limits on been doing work. should be permitted uses, in other the use of those funds. Funds may not The gentleman from Louisiana cor- words, what the gentleman from Ohio be used for political activities, advo- rectly pointed out, well, if they have talked about. We had the gentleman cacy, lobbying, counseling services, been already doing this, this does not from Florida read the ACORN Plan. travel expenses, and tax return advice. stop them. It just means they cannot That plan by ACORN would have made Nonprofit recipients must have af- get the new money. them ineligible to participate in this fordable housing as their primary pur- But we want this money to be used fund. It was partisan. People have pose, and beginning 1 year before ap- well. There is a wealth of experience in every right to be partisan. We have made a concession here, that, yes, we plying, nonprofits and their affiliates the Catholic Church, in the Episcopal will say that if you are engaged in par- cannot have engaged in Federal elec- Church, in the Methodist Church, in tisan political activity you cannot do tion activity, electioneering commu- the Jewish Community Housing For this. nication, or lobbying. the Elderly. In other groups, the Local Here is what will be the parliamen- Recipient use of funds will be closely Initiative Support Corporation, in tary situation. If this manager’s tracked. Those misusing funds will be other groups, the Enterprise Fund, amendment is defeated, I will offer as permanently barred from participation nonprofit groups, some of which have the recommittal motion 99.5 percent, and must make reimbursement. housing as their primary purpose and textually, of the manager’s amend- In addition, the manager’s amend- some do not, why do we want to say to ment. It is over there at the majority’s ment includes a request from the Com- groups that have a very successful side. We will not touch it from what it mittee on the Judiciary to require con- record of building affordable housing, now is. The only changes we will make sultation with the Attorney General by including church groups, that they is we will, instead of saying this has to the GSE regulator when exercising new cannot participate in this program? be your primary purpose, which ex- litigation authority, and from the But that is what it does. cludes faith-based groups, we will say Committee on Government Reform to So one thing that I would change in it has to be one of your primary pur- remove a Freedom of Information Act the manager’s amendment is to say poses. exemption for the proceedings of the that they can do this if housing is one We will continue the restriction on new agency’s oversight board. of their primary purposes, not their electioneering and lobbying, et cetera, The Federal Housing Finance Agency only primary purpose. It lets the faith- but we will say that electioneering and will establish an ombudsman to hear based groups back in. communications or partisanship are complaints and appeals from the GSEs Secondly, we agree that we should banned, but nonpartisan voter registra- and those having business relationships prohibit the groups, and, remember, we tion and nonpartisan get-out-the-vote with the GSEs. are not talking about using the money are not banned. That is the question.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00179 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23858 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Should we say that if you do afford- people will be afraid: well, I do not that create a system, something that able housing, you cannot also do voter want to look like I am not helping the makes sense. Here is how you do it. registration, nonpartisan voter reg- people in the hurricane area, then I Here is how you comply. Then you get istration. If you are caught doing it in will offer a recommit. The recommit the money. No, we want to take the a partisan way, then you would lose will make those three small specific money first and figure it out later. the funds under here. changes in the manager’s amendment. That is what gets this place in trouble. You cannot do get out the vote. In other words, Members will have a Now, if we really want to work to- Again, voting and residence are very chance to vote on everything in the gether and reclaim our bipartisan ter- closely linked in America. You vote manager’s amendment, all the restric- ritory, let us take it one step at a time. from your home. In some cases you tions on what these groups can do with Let us figure out what the problem is, might vote in your home, if you are in their own money, all the restrictions of figure out a remedy, let us promulgate an elderly development. What about what they can do with affordable hous- it, make it subject to hearings, pass it the people, and the gentleman from ing money, put our faith-based groups through the Congress, and plug some Ohio raised this. The gentleman from in and have the voter registration be money in later. Now, I know that may Ohio said, well, we are going to work allowed. That is what will be before us. be too logical, but I really want to on it. Yes, it has to be worked on, be- Mr. Chairman, I reserve the balance leave that as a thought before you vote cause right now, thanks to the de- of my time. against the manager’s amendment. mands of the Republican Study Com- Mr. OXLEY. Mr. Chairman, I am This is a well-crafted proposal with mittee, it is not there, the right to do pleased to yield 4 minutes to the gen- extremely limited resources aimed at that. tleman from Louisiana (Mr. BAKER), an enormous problem that otherwise If you have a housing development, chairman of the GSE subcommittee. will not get resolved in a very cost-ef- you cannot, under this manager’s Mr. BAKER. Mr. Chairman, I thank fective manner, and we will outstrip amendment, help the old people in the the gentleman for his continuing cour- the resources of this proposal for 5 development vote. You cannot invite tesy and leadership on this issue. I am years, much less the 2 years for which somebody in to do voter registration. going to try one more time on this the money has been officially dedicated They can come in on their own, but thing. The bill as it is now constructed for this purpose. you cannot cooperate. Again, I want to allocates 3.5 percent of net profit for Keep in mind, if you are building emphasize and I would say to my Re- the first 2 years from the various en- houses and hauling voters and reg- publican friends, this is a bill that has terprises into a fund which gives as a istering and engaged in political advo- a lot of bipartisan support. We have priority Katrina victims, Rita victims cacy as of the date of passage of this some partisan differences in other and natural disaster victims, in that bill, you can still do it. You just do not areas than housing, but this one got order. get to back your truck up to the U.S. pretty bipartisan. I can tell you if I were to go to the Treasury and download a bunch of this What happened is this: there are peo- city of Baker, in my district today, money. That is all. It is an easy choice, ple who do not like affordable housing. walk down Groom Road to the FEMA and I suggest to the House that it is a I have to say the gentleman from trailer park and say to them, I am reasonable position for us to take and Texas (Mr. HENSARLING) is not here, going to buy you a bus to haul you to a responsible position. It is not an at- but he said why do you not just do go vote 2 years from now, or I am going tack on the basic civil rights of this vouchers instead of this. He was being to put money into building you a country. honest. He is not really for the afford- Mr. FRANK of Massachusetts. Mr. home, guess which one they would able housing program at all. Chairman, I first yield myself 1 minute pick. People want out of the FEMA I did look up, on June 29th this year, to say I do not think it is a fair charac- the House by a majority adopted an trailers, they want out of their cir- terization of the low-income housing amendment to increase section 8 cumstance; and almost every cent of activities of the Catholic Church or vouchers. The gentleman from Texas this money, we will guarantee, I prom- other organizations that they are try- (Mr. HENSARLING) voted against that. ise, to be utilized almost exclusively ing to back up the truck to the Treas- Thirty Republicans voted for it. He was for Katrina and Rita. ury. In the first place, there is no de- not one of them. It is estimated as a result of the bate that every penny in the affordable I think there are people who do not Katrina disaster, 100,000 homes are im- housing fund goes for affordable hous- want the housing to go forward, and paired or destroyed: 100,000. The guess- ing. there are others who do not want to see timate of what it might take to pay off The question is, what do you have to an increased voter participation by mortgages, to clean the mess up, and give up as a choice of doing the afford- people they do not think will be serious to build homes back is easily $30 bil- able housing. Every faith organization enough voters. If that is what the lion. That is Katrina. Then we talk in America, every Protestant denomi- House wants to vote on, okay. about Rita and then welcome back and nation, every branch of Judaism, and But procedurally what you have is a plug Wilma in as a natural disaster, the Roman Catholic Church says we do bill comes out of committee; it is held $500 million in the scope of this debate, housing, and the gentleman is right. up for months because a part of the Re- concerning ourselves with creating a They could simply refuse to take any publican Party does not want to put resource for additional political activ- money from this and go forward, be- this to a fair vote. Well, I regret that. ism does not make sense. cause they are not eligible for money We should have had a fair vote. I am Now, let us talk about the adminis- from this. just offering you the next best thing. It tration of the program: who is going to Why do that? Why say to the faith- is not the same thing. It is not a clean run it, what is the program. I know based organization, whatever happened vote, but here is the functional equiva- how you check on a house. You go see to your belief in the importance of lent. if it is there. Then you can figure out helping faith-based organizations? Is it Members can have two choices: they if somebody is in it and who are they. over already, that romance? Because can vote against the manager’s amend- You can look at their income tax re- that is what we just want to change. ment and know that I will offer a return; and, yes, they are entitled to be All we want is to allow our religious committal motion, which will be ev- here pursuant to the provisions of the organizations in part to be able to par- erything in the manager’s amendment program. ticipate without stopping their voter except the one provision that prevents How do you regulate a bus acquisi- registration and other activity. faith-based groups from participating; tion program used for hauling people to Mr. Chairman, I yield the balance of and the one that says no nonpartisan the polls? Who is going to do that? my time to the gentleman from Penn- voter registration or the voter turnout. What are the rules? How about this? sylvania (Mr. KANJORSKI). Alternatively, if people vote for the How about you leave Katrina/Rita vic- Mr. KANJORSKI. Mr. Chairman, I manager’s amendment, maybe some tims alone, come back with regulations think we have debated a tough issue. I

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00180 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23859 am sure there are people on the other While I applaud the effort made by the ad- AMENDMENT NO. 2 OFFERED BY MS. CARSON side that understand why we feel so ministration to remove barriers to full participa- Ms. CARSON. Mr. Chairman, I offer strongly on this faith-based issue. We tion in Federal programs and funding faith- an amendment. have maybe a chance to resolve this based entities, proposals such as the Man- The Acting CHAIRMAN. The Clerk and come out of this House with a re- ager’s Amendment will bar these groups from will designate the amendment. sounding victory. access to this funding while for-profit agencies The text of the amendment is as fol- If we vote down the manager’s remain free to engage in the same voter reg- lows: amendment, we will include the entire istration activities. This double-standard must Amendment No. 2 offered by Ms. CARSON: manager’s amendment in the motion to be removed—it contravenes the spirit of the Page 114, line 6, strike the quotation recommit with three exceptions. We U.S. Constitution. marks and the last period. will take out that the prime purpose Existing limits in H.R. 1461 on activities that Page 114, after line 6, insert the following has to be housing, so faith-based orga- qualify for affordable housing funds prevent new paragraph: abuse of this funding. Groups, many of which ‘‘(3) MANUFACTURED HOUSING MARKET.—In nizations can still consider God as a determining whether an enterprise has com- primary challenge and obligation. operate in my District of Houston sign certifications to receive Federal, State, and local plied with the duty under subparagraph (A) Secondly, we will add in the terms of subsection (a)(2), the Director may con- that will allow for voter registration government funds that prohibit diversion of sider loans secured by both real and personal and get-out-the vote on a nonpartisan program funds for political and lobbying pur- property.’’. poses. There are multiple vehicles available to basis. So this will only affect getting The Acting CHAIRMAN. Pursuant to ensure that the new Affordable Housing Funds out the vote and voter registration in a House Resolution 509, the gentlewoman are protected from inappropriate use by grant- nonpartisan way. Finally, what I urge from Indiana (Ms. CARSON) and a Mem- my colleagues on the other side to do is ees. Our faith-based groups need the proposed ber opposed each will control 5 min- vote down the manager’s amendment, Affordable Housing Fund under H.R. 1461, es- utes. accept the motion to recommit, have a pecially in the devastated Gulf Coast region The Chair recognizes the gentle- perfect bill that we can walk out of where hundreds of thousands of families have woman from Indiana (Ms. CARSON). here today with almost a unanimous not been able to return to their homes. In such Ms. CARSON. Mr. Chairman, I yield approval. challenging times, it would be unfortunate if myself such time as I may consume. Mr. FRANK of Massachusetts. Mr. experienced faith-based organizations and This amendment I am offering today Chairman, I yield for the purpose of nonprofits that have performed laudably in will help low- and moderate-income making a unanimous consent request meeting the needs of these survivors would be families fulfill the American dream of to the gentlewoman from Texas (Ms. barred from participation in funding that would homeownership. JACKSON-LEE). help meet critical housing needs. This amendment will not mandate, Ms. JACKSON-LEE of Texas. Mr. Mr. Chairman, I support the legislation on but encourage, the GSEs to purchase Chairman, I rise in opposition to the the above limited basis. personal property loans secured by manager’s amendment because it is a Mr. OXLEY. Mr. Chairman, I would manufactured housing and will count deal breaker with those provisions and simply say in summary to ask the towards the GSE underserved market certainly because the conference of Members to support the manager’s goals. Catholic bishops has indicated that amendment. We need to support the b 1415 they want to build houses and partici- folks down in the gulf region that were pate in democracy too. affected by the hurricane. The purpose This practice is consistent with the Mr. Chairman, I rise in opposition to the in- of the manager’s amendment was two- charters of Fannie Mae and Freddie stant legislation, H.R. 1461—especially insofar fold, to insure that money was avail- Mac. as it fails to remove the unfair and unreason- able as quickly as possible to those vic- In 2004, the average income of those able language that provides that nonprofits will tims who are 100,000 homeless, just in who purchased manufactured homes be prohibited from using their own funds to Louisiana alone, to make certain that was $28,000. These homes cost 30 per- engage in nonpartisan voter registration and they can get access to that as quickly cent less than a site-built house and requires that housing be their primary purpose as possible; secondly, to make certain are equal in quality, amenities, and ef- in order to receive funds. that the groups that are building those ficiency. Currently only real property The Motion to Recommit made by Mr. homes are not political front groups for loans are considered for manufactured FRANKS seeks to protect our faith-based enti- a right or left agenda, but ones who are housing purchases, but the vast major- ties that need these valuable dollars to provide sincerely interested in building with ity of manufactured home buyers rent affordable housing. bricks and mortar to provide that op- the land on which it rests. Personal Not only would the Gentleman’s amendment portunity to those folks. property loans are issued for the pur- have redeemed this legislation, but his Motion If you want to help those folks in the chase of a manufactured home, but not to Recommit would have removed language gulf region, and you want to make cer- tied to any piece of land. While these contained in the current Manager’s Amend- tain that money is used effectively and loans are typically financed as personal ment that bars organizations with proven ex- not in a political way, support the property, my amendment would allow perience in mobilizing community support and Oxley manager’s amendment. for the GSEs to only purchase personal resources—a nonpartisan initiative. In addition, Mr. Chairman, I yield back the bal- property loans that finance manufac- ance of my time. the Manager’s Amendment would constrain tured housing. The Acting CHAIRMAN (Mr. PUT- the ability of experienced faith-based and In 1992, Congress set a goal for the NAM). The question is on the amend- GSEs to promote mortgage credit in community-based organizations to success- ment offered by the gentleman from fully compete for the affordable housing funds areas where traditional credit opportu- Ohio (Mr. OXLEY). that are proposed in the underlying bill. The question was taken; and the Act- nities were unavailable, inaccessible, My District of Houston, Texas, has a pleth- ing Chairman announced that the noes or too costly. My amendment will help ora of faith-based organizations that have appeared to have it. the GSEs achieve this goal by encour- plans that would provide much-needed afford- Mr. BAKER. Mr. Chairman, I demand aging them to purchase personal prop- able housing for the surrounding community. a recorded vote. erty loans for manufactured housing. Our affordable housing stock has suffered for The Acting CHAIRMAN. Pursuant to Mr. Chairman, this amendment will a long time, and I have been working stead- clause 6 of rule XVIII, further pro- assist GSEs in continuing to serve fastly with the Secretary of Housing and Urban ceedings on the amendment offered by home buyers in underserved areas and Development to facilitate the obtainment of op- the gentleman from Ohio (Mr. OXLEY) will encourage lenders to offer more portunities by these groups. The nugatory pro- will be postponed. and better loans to finance the pur- visions in the Manager’s Amendment will con- It is now in order to consider amend- chase of new homes. It has the broad travene the hard work that I and many other ment No. 2 printed in House Report support of manufactured housing orga- Members have done to this end. 109–254. nizations as well as consumers. It has

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00181 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23860 CONGRESSIONAL RECORD—HOUSE October 26, 2005 bipartisan support. I encourage my col- be excluded from the purview of this to ensure that the regulated entities operate leagues to adopt this amendment. bill, and would be excluded from the in a safe and sound manner. Mr. Chairman, I yield back the bal- definition of ‘‘rural.’’ ‘‘(d) EFFECT ON OTHER AUTHORITY.—Noth- ance of my time. So what our amendment, which I being in this section may be construed to limit the authority of the Director to require a Mr. OXLEY. Mr. Chairman, I rise to lieve to be noncontroversial, would do regulated entity to raise or maintain capital claim the time in opposition to the would be to return to the traditional under other provisions of law, or pursuant to amendment but am not opposed and definition of ‘‘rural’’ that is contained prompt corrective action or administrative would indicate that we are pleased to in the Housing Act of 1949. That defini- enforcement actions, or in connection with accept the amendment offered by the tion again is one that has long been ac- conservatorship or receivership powers.’’. gentlewoman from Indiana and applaud cepted and long employed by this body. The Acting CHAIRMAN. Pursuant to her for her foresight and leadership in I should also note, Mr. Chairman, House Resolution 509, the gentleman the area of manufactured housing. that we would retain some of the from Iowa (Mr. LEACH) and the gen- The Acting CHAIRMAN (Mr. PUT- changes made in the substantive bill tleman from Massachusetts (Mr. NAM). The question is on the amend- which would talk about micropolitan FRANK) each will control 5 minutes. ment offered by the gentlewoman from and tribal trust lands. Those would be The Chair recognizes the gentleman Indiana (Ms. CARSON). included in the new definition, but we from Iowa (Mr. LEACH). The amendment was agreed to. would return to the traditional defini- Mr. LEACH. Mr. Chairman, I yield The Acting CHAIRMAN. It is now in tion that has been employed since 1949. myself such time as I may consume. order to consider amendment No. 3 Mr. Chairman, I reserve the balance My amendment is to strengthen the printed in House Report 109–254. of my time. capital requirements of the bill. But AMENDMENT NO. 3 OFFERED BY MR. DAVIS OF Mr. OXLEY. Mr. Chairman, I rise to first, let me acknowledge that between ALABAMA claim the time in opposition, but I also passage in the committee and the Mr. DAVIS of Alabama. Mr. Chair- want to say I do not oppose this bringing of the bill to the floor, the man, I offer an amendment. amendment. As a matter of fact, I want capital standard provision has been The Acting CHAIRMAN. The Clerk to congratulate the gentleman from strengthened, and I congratulate the will designate the amendment. Alabama for an excellent amendment committee for doing that. The text of the amendment is as fol- and well thought-out. He is a valuable But secondly, let me stress that still lows: member of the committee. This side at this point in time, even though the Amendment No. 3 offered by Mr. DAVIS of has no objections to the amendment. bill itself got a strong bipartisan com- Alabama: Mr. DAVIS of Alabama. Mr. Chair- mittee vote, it lacks the support of the Page 107, strike lines 20 through 24 and in- man, I thank the chairman for his com- administration. The principal reason sert the following new paragraph: pliments. does not relate to some of the debate ‘‘(26) RURAL AREA.—The term ‘rural area’ has the meaning given such term in section Mr. Chairman, I yield back the bal- that has occurred earlier on a very im- 520 of the Housing Act of 1949 (42 U.S.C. 1490), ance of my time. portant issue, it relates to the fact except that such term includes micropolitan The Acting CHAIRMAN. The ques- that the Department of the Treasury, areas and tribal trust lands.’’. tion is on the amendment offered by that is the administration, does not The Acting CHAIRMAN. Pursuant to the gentleman from Alabama (Mr. want to have accountability for regula- House Resolution 509, the gentleman DAVIS). tion if it is not given adequate author- from Alabama (Mr. DAVIS) and a Mem- The amendment was agreed to. ity. And, lacking adequate authority, ber opposed each will control 5 min- The Acting CHAIRMAN. It is now in it feels that this approach is not one utes. order to consider amendment No. 4 that produces greater safety and The Chair recognizes the gentleman printed in House Report 109–254. soundness for the American financial from Alabama (Mr. DAVIS). AMENDMENT NO. 4 OFFERED BY MR. LEACH system. Mr. DAVIS of Alabama. Mr. Chair- Mr. LEACH. Mr. Chairman, I offer an So what this amendment does is man, I yield myself such time as I may amendment. strengthens the capital standard provi- consume. The Acting CHAIRMAN. The Clerk sion. Minimum capital is the amount Mr. Chairman, one of the goals of will designate the amendment. of capital needed to protect financial this bill is to stimulate affordable The text of the amendment is as fol- institutions against broad categories of housing activity on the part of the lows: business risk, so when a crisis strikes, GSEs in certain categories and areas Amendment No. 4 offered by Mr. LEACH: there is a reserve to fall back upon. that traditionally have been under- Strike line 21 on page 49 and all that fol- Capital is especially important for served, and one of those happens to be lows through line 4 on page 51 and insert the GSEs because their short-term obliga- following new subsections: the rural portions of America. There tions are large, and they are single-in- have been various goals that have been ‘‘(c) ESTABLISHMENT OF REVISED MINIMUM dustry-intensive. Fannie Mae and CAPITAL LEVELS.—Notwithstanding sub- added that will require the GSEs to be sections (a) and (b) and notwithstanding the Freddie Mac, for instance, have debt more proactive in their lending in rural capital classifications of the regulated enti- obligations due within a year of about America. ties, the Director may, by regulations issued 45 percent of their debt liabilities. Any The concern that I have with the un- under section 1319G(b) or by order— problem with capital markets affecting derlying bill is that the definition of ‘‘(1) establish a minimum capital level, for these firms could become very large, ‘‘rural’’ that has been adopted is one any particular enterprise, that is higher very quickly. that is, number one, very different than the level specified in subsection (a) or, What might ‘‘very quickly’’ mean? from the definition that has histori- for any particular Federal home loan bank, Because of the scale of short-term obli- that is higher than the level specified in sub- cally been used by the Congress begin- section (b), as the Director deems necessary gations of the GSEs, the GSEs are roll- ning with the Housing Act of 1949; and, or appropriate taking into consideration the ing over many billions of dollars of ob- second of all, I think it is one that is particular circumstances of the particular ligations each week. For this reason, a unduly restrictive. The new definition regulated entity, which may include any market crisis could become acute in a would define ‘‘rural’’ as being, among prudential standards necessary to ensure matter of days, and this is something other things, nonmetro areas. long-term insitutional viability and com- the country has to think through. As many of us in this Chamber know, petitive equity in the market; or Today’s House vote comes nearly a ‘‘metro area’’ is very broadly defined in ‘‘(2) establish a minimum capital level for year after Federal regulators ordered this country, and a number of areas the enterprises, for the Federal home loans Fannie Mae to restate $10.8 billion in banks, or for both the enterprises and the that we would all think of as being banks, that is higher than the level specified previously reported earnings because of rural, that we would all view as being in subsection (a) for the enterprises or the accounting problems several years ago, within the ambit of this bill, would cer- level specified in subsection (b) for the Fed- and this is not long after Freddie Mac tainly fall inside metro areas and thus eral home loan banks, to the extent needed restated about $5 billion in earnings.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00182 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23861 The stakes are significant, given that former chairman of the committee, I would also say that with all of the these two GSEs carry together about who has been very critical of the role misdeeds of Fannie and Freddie, their $1.5 trillion in debt. The failure of ei- of GSEs, and I think this is, frankly, safety and soundness has not been ther institution could potentially not so much a specific amendment as called into question. Yes, there were make the savings and loan crisis of a an expression of a sense that, a view accounting misdeeds, and people got generation ago look somewhat minor. that they have gotten too large. One money who should not have gotten it, I would stress here that Fannie and particular aspect to the amendment and some are being penalized as they Freddie are very unique institutions. seems to me to sum this up when it should be, but safety and soundness has They are, on the one hand, secondary calls for higher minimum capital re- not been called into question, and this market institutions serving as inter- quirements as the director deems nec- legislation further enhances what the mediaries primary markets as well as a essary or appropriate to ensure long- regulator does. tertiary market. On the other hand, term institutional viability and com- Mr. LEACH. Mr. Chairman, will the when they hold mortgages in their petitive equity in the market. gentleman yield? portfolios, they are, in effect, simply Now, we are all for long-term institu- Mr. FRANK of Massachusetts. I yield another S&L. Hence, while financial tional viability, but competitive equity to the gentleman from Iowa. risk management tools are much great- means, look, there are banks who com- Mr. LEACH. Mr. Chairman, first I er than they were a generation ago plain that because Fannie and Freddie would like to make clear that what the when we had the S&L crisis, in one are perceived to have some back-up amendment does is say, ‘‘which may sense, for these two institutions, their from the Congress, and let me say right include’’ consideration for what the use is a little bit more problematic, benow, if you are listening, if you are gentleman has just indicated. cause in the housing industry risk is buying Fannie or Freddie’s paper be- Mr. FRANK of Massachusetts. Com- transferred to Fannie and Freddie dis- cause you think I am going to vote to petitive equity. proportionately. They become receiv- bail you out, sell it, and cash it in, I Mr. LEACH. That is correct. But sec- ers of risk and as risk becomes con- am not going to do that. I do not think ondly, if you do not have concern for centrated within these institutions, there is a Federal guarantee. I cer- competitive equity, you put the tax- they disproportionately become on the tainly, as a great supporter of their payer at greater risk because you will hook if very extraordinary things hap- housing role, do not plan to do that. have weaker standards. You also drive pen in the economy, something that is But banks complain that they cannot a system that we will be putting all as- not beyond thinking. meet Fannie and Freddie’s price be- sets of a given kind of industry within In the 1980s, without sufficient cap- cause Fannie and Freddie can borrow a governmentally privileged institu- ital, S&Ls grew larger and entered new money more cheaply. That is part of tion. That is what the trends are. So lines of business as their capital basis what we are dealing with here when this is both a taxpayer protection and shrunk, and, when things got bad, the you talk about competitive equity. free market protection. taxpayer was on the hook for $250 bil- I agree that Fannie and Freddie get b 1430 lion. Fannie and Freddie today operate certain advantages in this. That is why on a capital base much less than S&Ls we have virtual unanimity here. There Mr. FRANK of Massachusetts. Well, I did just before their collapse in the are debates about restrictions on what would say to the gentleman, we agree 1980s. happens when you go into the Afford- on this. Competitive equity has got It has been suggested by some—actu- able Housing Fund, but there is virtual nothing to do with protecting the tax- ally, a ‘‘Dear Colleague’’ letter has unanimity about having an Affordable payers, except the taxpayers who hap- been circulated—that opponents be- pen to own banks. That is where com- lieve that my amendment would limit Housing Fund. What we are saying is there are two petitive equity comes in. the discretion of the new regulator. I ways we can do this. We can reduce The fact is that safety and soundness would only suggest that that is not my what we think is Freddie and Fannie’s is what protects the taxpayers. Com- intent, and it is clearly not the intent competitive advantage, or you can petitive equity has to do with fairness of the language. to competitors. That does not impli- Let me just describe what the Fed- make sure that more of that competi- cate the Treasury. eral Reserve says about this. In a letter tive advantage is shared with the hous- Mr. Chairman, I yield such time as he dated October 5, 2005, Chairman Green- ing market, and that is the position may consume to the gentleman from span wrote, ‘‘This amendment would that the majority, bipartisan majority Texas (Mr. NEUGEBAUER). improve the proposed legislation. . . of the committee has taken. Mr. NEUGEBAUER. Mr. Chairman, I The regulators for the GSEs should When the gentleman from Iowa talks rise in opposition to the Leach amend- have a free hand in determining . . . about competitive equity, it seems to minimum risk-based capital standards me you are inviting the banks to say, ment. H.R. 1461 clearly stipulates that for these enterprises. Your amendment wait a minute, that is not fair, and we the new regulator for Fannie, Freddie, would give the regulator greater dis- do not want Fannie and Freddie to be and the Home Loan Banks has the au- cretion in this critical area.’’ able to do this as cheaply as possible thority to increase the minimum cap- It is one thing to have institutions because it is not fair to us. ital levels ‘‘to the extent needed to en- established to have an advantage in With regard to the powers of the reg- sure that the regulated entities operate cost of money provided by the United ulator, the gentleman from Louisiana in a safe and sound manner.’’ States Government, and another thing played a major role in this, and the This is a broad grant of authority to to also have advantage in leverage gentleman from Pennsylvania was with this new regulator. The Leach amend- ratio provided by the United States him, and the chair and ranking mem- ment, however, begins to limit the dis- Congress. So because the growing pres- ber of the subcommittee. The regulator cretion of the regulator by adding sev- ence of GSEs in our markets and the is fully empowered. The regulator eral competitive issues in the deter- possible risk they pose to our financial within the bill is fully empowered to do mination of the minimum capital. system are significant, it is clear we whatever is necessary for safety and The Leach amendment would effec- need a strong regulator, and I would soundness. The regulator can raise cap- tively establish minimum capital at an urge that this regulator be given this ital in general; the regulator can de- arbitrary decision, by equating that to additional authority. cide that a particular activity is risky, banks. Let us be very clear that these The Acting CHAIRMAN. The time of and capital should be raised to com- entities are not banks. One of the the gentleman from Iowa has expired. pensate for that. But to go beyond and things that we need to make sure of is Mr. FRANK of Massachusetts. Mr. to get into competitive equity, it that if we are going to form a world- Chairman, I yield myself 3 minutes. seems to me to be not so much a con- class regulator for these entities and Mr. Chairman, the gentleman from cern for safety and soundness as the that we are going to put in place people Iowa is a thoughtful Member and the philosophical question. to manage that process and to regulate

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00183 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23862 CONGRESSIONAL RECORD—HOUSE October 26, 2005 these entities, we need to give them Boehlert Hart Oxley Hooley McNulty Sa´ nchez, Linda the discretion that they need to make Boehner Hastert Paul Hoyer Meehan T. Bonilla Hastings (WA) Pearce Inslee Meeks (NY) Sanchez, Loretta sure that as they set those capital lev- Bonner Hayes Pence Israel Melancon Sanders els that they are considering the econ- Bono Hayworth Peterson (PA) Jackson (IL) Menendez Schakowsky omy, the state of the markets at that Boozman Hefley Pickering Jackson-Lee Michaud Schiff (TX) Schwartz (PA) particular time, and have the ability to Boustany Hensarling Pitts Millender- Brady (TX) Herger Poe Jefferson McDonald Scott (GA) regulate to those entities and not try Brown (SC) Hobson Pombo Johnson (IL) Miller (NC) Scott (VA) to make those entities something that Burgess Hoekstra Porter Johnson, E. B. Miller, George Serrano Burton (IN) Hostettler Price (GA) Jones (OH) Mollohan Sherman they are not, and these entities are not Kanjorski Simmons Buyer Hulshof Pryce (OH) Moore (KS) banks. Kaptur Skelton Calvert Hunter Putnam Moore (WI) Kennedy (MN) Slaughter The gentleman’s amendment does Camp Hyde Radanovich Murtha Kennedy (RI) Smith (NJ) not do anything to increase the safe- Cantor Inglis (SC) Regula Nadler Capito Issa Kildee Napolitano Smith (WA) ness and the soundness of these institu- Rehberg Kilpatrick (MI) Carter Istook Neal (MA) Snyder Reichert Kind Solis tions. By the very fact that the regu- Castle Jenkins Oberstar Renzi Kucinich Spratt lators will have the ability to do that, Chabot Jindal Obey Rogers (AL) Langevin Stark Chocola Johnson (CT) Olver set those minimum capital levels at a Rogers (KY) Lantos Strickland Coble Johnson, Sam Ortiz level that they need to be, gives them Rogers (MI) Larsen (WA) Stupak Cole (OK) Jones (NC) Otter the flexibility to do that. Conaway Keller Rohrabacher Larson (CT) Sweeney Royce Leach Owens Tanner And so I would urge Members to vote Crenshaw Kelly Pallone Cubin King (IA) Ryan (WI) Lee Tauscher against the Leach amendment. Ryun (KS) Levin Pascrell Thompson (CA) Culberson King (NY) Pastor The Acting CHAIRMAN (Mr. PUT- Cunningham Kingston Saxton Lewis (GA) Thompson (MS) Schmidt Lipinski Payne Tierney NAM). The question is on the amend- Davis (KY) Kirk Pelosi Davis, Jo Ann Kline Schwarz (MI) Lofgren, Zoe Udall (CO) ment offered by the gentleman from Peterson (MN) Davis, Tom Knollenberg Sensenbrenner Lowey Udall (NM) Petri Iowa (Mr. LEACH). Deal (GA) Kolbe Sessions Lynch Van Hollen Pomeroy ´ The question was taken; and the Act- DeLay Kuhl (NY) Shadegg Maloney Velazquez Price (NC) Dent LaHood Shays Markey Visclosky ing Chairman announced that the noes Rahall Doolittle Latham Sherwood Marshall Wasserman appeared to have it. Ramstad Drake LaTourette Shimkus Matheson Schultz Matsui Rangel Waters Mr. LEACH. Mr. Chairman, I demand Dreier Lewis (CA) Shuster McCarthy Ross Watson a recorded vote. Duncan Lewis (KY) Simpson McCollum (MN) Rothman Watt Emerson Linder Smith (TX) The Acting CHAIRMAN. Pursuant to McDermott Ruppersberger Waxman English (PA) LoBiondo Sodrel clause 6 of rule XVIII, further pro- Everett Lucas McGovern Rush Weiner Souder McHugh Ryan (OH) Woolsey ceedings on the amendment offered by Farr Lungren, Daniel Stearns Feeney E. McIntyre Sabo Wu the gentleman from Iowa (Mr. LEACH) Sullivan McKinney Salazar Wynn will be postponed. Ferguson Mack Tancredo Fitzpatrick (PA) Manzullo Taylor (MS) NOT VOTING—19 Flake Marchant SEQUENTIAL VOTES POSTPONED IN COMMITTEE Taylor (NC) Forbes McCaul (TX) Bishop (GA) Emanuel Ros-Lehtinen OF THE WHOLE Terry Fortenberry McCotter Boswell Foley Roybal-Allard Thomas The Acting CHAIRMAN. Pursuant to Fossella McCrery Brown-Waite, Meek (FL) Shaw Thornberry clause 6 of rule XVIII, proceedings will Foxx McHenry Ginny Moran (VA) Towns Tiahrt now resume on those amendments on Franks (AZ) McKeon Cannon Platts Wexler Frelinghuysen McMorris Tiberi Diaz-Balart, L. Reyes Whitfield which further proceedings were post- Gallegly Mica Turner Diaz-Balart, M. Reynolds poned, in the following order: Garrett (NJ) Miller (FL) Upton Walden (OR) b 1457 Amendment No. 1 by Mr. OXLEY of Gerlach Miller (MI) Gibbons Miller, Gary Walsh Mr. WEINER, Ms. MILLENDER- Ohio. Wamp Gillmor Moran (KS) MCDONALD, and Mr. GILCHREST Amendment No. 4 by Mr. LEACH of Gingrey Murphy Weldon (FL) Iowa. Gohmert Musgrave Weldon (PA) changed their vote from ‘‘aye’’ to ‘‘no’’. Weller Mr. SIMPSON changed his vote from The Chair will reduce to 5 minutes Goode Myrick Goodlatte Neugebauer Westmoreland ‘‘no’’ to ‘‘aye’’. the time for any electronic vote after Granger Ney Wicker So the amendment was agreed to. the first vote in this series. Graves Northup Wilson (NM) The result of the vote was announced Green (WI) Norwood Wilson (SC) AMENDMENT NO. 1 OFFERED BY MR. OXLEY Gutknecht Nunes Wolf as above recorded. The Acting CHAIRMAN. The pending Hall Nussle Young (AK) PERSONAL EXPLANATION business is the demand for a recorded Harris Osborne Young (FL) Mr. FARR. Mr. Chairman, on rollcall vote on the amendment offered by the No. 541, I inadvertently voted ‘‘aye.’’ I NOES—205 gentleman from Ohio (Mr. OXLEY) on wish the RECORD to show that had I which further proceedings were post- Abercrombie Carnahan Doyle Ackerman Carson Edwards voted correctly, I would have voted poned and on which the noes prevailed Allen Case Ehlers ‘‘no.’’ by voice vote. Andrews Chandler Engel AMENDMENT NO. 4 OFFERED BY MR. LEACH The Clerk will redesignate the Baca Clay Eshoo The Acting CHAIRMAN (Mr. PUT- Baird Cleaver Etheridge amendment. Baldwin Clyburn Evans NAM). The pending business is the de- The Clerk redesignated the amend- Barrow Conyers Fattah mand for a recorded vote on the ment. Bean Cooper Filner amendment offered by the gentleman Becerra Costa Ford RECORDED VOTE Berkley Costello Frank (MA) from Iowa (Mr. LEACH) on which fur- The Acting CHAIRMAN. A recorded Berman Cramer Gilchrest ther proceedings were postponed and vote has been demanded. Berry Crowley Gonzalez on which the noes prevailed by voice Bishop (NY) Cuellar Gordon vote. A recorded vote was ordered. Blumenauer Cummings Green, Al The vote was taken by electronic de- Boren Davis (AL) Green, Gene The Clerk will redesignate the vice, and there were—ayes 210, noes 205, Boucher Davis (CA) Grijalva amendment. not voting 19, as follows: Boyd Davis (FL) Gutierrez The Clerk redesignated the amend- Bradley (NH) Davis (IL) Harman ment. [Roll No. 541] Brady (PA) Davis (TN) Hastings (FL) Brown (OH) DeFazio Herseth RECORDED VOTE AYES—210 Brown, Corrine DeGette Higgins The Acting CHAIRMAN. A recorded Aderholt Barrett (SC) Biggert Butterfield Delahunt Hinchey vote has been demanded. Akin Bartlett (MD) Bilirakis Capps DeLauro Hinojosa A recorded vote was ordered. Alexander Barton (TX) Bishop (UT) Capuano Dicks Holden Bachus Bass Blackburn Cardin Dingell Holt The Acting CHAIRMAN. This will be Baker Beauprez Blunt Cardoza Doggett Honda a 5-minute vote.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00184 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23863 The vote was taken by electronic de- McCaul (TX) Peterson (MN) Smith (TX) The Acting CHAIRMAN. Pursuant to vice, and there were—ayes 36, noes 378, McCollum (MN) Peterson (PA) Smith (WA) House Resolution 509, the gentleman McCotter Pickering Snyder not voting 19, as follows: McCrery Pitts Sodrel from California (Mr. ROYCE) and the [Roll No. 542] McDermott Poe Solis gentleman from Pennsylvania (Mr. McGovern Pombo Souder KANJORSKI) each will control 5 min- McHenry Pomeroy AYES—36 Spratt utes. McHugh Porter Stark Beauprez Gutknecht Pence McIntyre Price (GA) The Chair recognizes the gentleman Blackburn Hensarling Petri Stearns McKeon Price (NC) Strickland from California (Mr. ROYCE). Chocola Hostettler Rohrabacher McKinney Pryce (OH) Stupak Mr. ROYCE. Mr. Chairman, I yield 1 Cooper Johnson (CT) Royce McMorris Putnam Sullivan Dicks King (IA) Ryan (WI) McNulty Radanovich minute to the gentleman from New Sweeney Dingell Kingston Shadegg Meehan Rahall Jersey (Mr. GARRETT). Duncan Latham Tancredo Shays Meeks (NY) Ramstad Mr. GARRETT of New Jersey. Mr. Ehlers Leach Taylor (MS) Melancon Rangel Tanner Flake Lungren, Daniel Tauscher Chairman, I rise in support of this leg- Taylor (NC) Menendez Regula Franks (AZ) E. Terry Wamp Mica Rehberg islation, which strengthens the lan- Garrett (NJ) Musgrave Thomas Wynn Michaud Reichert guage with regard to portfolios and Gilchrest Nussle Thompson (CA) Millender- Renzi GSEs. Gillmor Paul McDonald Rogers (AL) Thompson (MS) Miller (FL) Rogers (KY) Thornberry The GSEs claim that they are shock NOES—378 Miller (MI) Rogers (MI) Tiahrt absorbers in the system. One of the Abercrombie Crenshaw Herger Miller (NC) Ross Tiberi main reasons that Fannie and Freddie Ackerman Crowley Herseth Miller, Gary Rothman Tierney Aderholt Cubin Higgins Miller, George Ruppersberger Towns claim they should not have their port- Akin Cuellar Hinchey Mollohan Rush Turner folios limited is that they provide a Alexander Culberson Hinojosa Moore (KS) Ryan (OH) Udall (CO) stable means of support for the residen- Allen Cummings Hobson Moore (WI) Ryun (KS) Udall (NM) tial finance markets at times of crisis. Andrews Cunningham Hoekstra Moran (KS) Sabo Upton Fannie’s CEO, Dan Mudd, testified Baca Davis (AL) Holden Murphy Salazar Van Hollen Bachus Davis (CA) Holt Murtha Sa´ nchez, Linda Vela´ zquez that ‘‘our mortgage portfolio allows us Baird Davis (FL) Honda Myrick T. Visclosky to play a shock-absorbing function for Baker Davis (IL) Hooley Nadler Sanchez, Loretta Walden (OR) the finance system during times of po- Baldwin Davis (KY) Hoyer Napolitano Sanders Walsh Barrett (SC) Davis (TN) Hulshof Neal (MA) Saxton tential difficulty.’’ Wasserman Barrow Davis, Jo Ann Hunter Neugebauer Schakowsky Schultz This week, Freddie’s president, Eu- Bartlett (MD) Davis, Tom Hyde Ney Schiff Waters gene McQuade, was quoted as saying Barton (TX) Deal (GA) Inglis (SC) Northup Schmidt Watson Bass DeFazio Inslee Norwood Schwartz (PA) that the enterprises provided a source Bean DeGette Israel Nunes Schwarz (MI) Watt of stability to the mortgage finance Becerra Delahunt Issa Oberstar Scott (GA) Waxman Weiner market after the September 11 ter- Berkley DeLauro Istook Obey Scott (VA) rorist attacks. Berry DeLay Jackson (IL) Olver Sensenbrenner Weldon (FL) Biggert Dent Jackson-Lee Ortiz Serrano Weldon (PA) This is a nice thought, Mr. Chairman. Bilirakis Doggett (TX) Osborne Sessions Weller However, their statements are not Bishop (NY) Doolittle Jefferson Otter Sherman Westmoreland true. Bishop (UT) Doyle Jenkins Owens Sherwood Wicker Blumenauer Drake Jindal Oxley Shimkus Wilson (NM) If you look at Fannie’s purchases for Blunt Dreier Johnson (IL) Pallone Shuster Wilson (SC) its portfolio during every month of Boehlert Edwards Johnson, E. B. Pascrell Simmons Wolf 2001, you will notice that its purchases Boehner Emerson Johnson, Sam Pastor Simpson Woolsey in September of 2001, of that year, were Bonilla Engel Jones (NC) Payne Skelton Wu Bonner English (PA) Jones (OH) Pearce Slaughter Young (AK) the lowest level of anytime during that Bono Eshoo Kanjorski Pelosi Smith (NJ) Young (FL) year. Boozman Etheridge Kaptur NOT VOTING—19 Fannie might argue that they acted Boren Evans Keller as a shock absorber not by buying Boucher Everett Kelly Berman Emanuel Reynolds Boustany Farr Kennedy (MN) Bishop (GA) Foley Ros-Lehtinen mortgages and MBS, but by commit- Boyd Fattah Kennedy (RI) Boswell Markey Roybal-Allard ting to buy in succeeding months. Bradley (NH) Feeney Kildee Brown-Waite, Meek (FL) Shaw Mr. Chairman, I will conclude by say- Brady (PA) Ferguson Kilpatrick (MI) Ginny Moran (VA) Wexler ing that we should support these sig- Brady (TX) Filner Kind Diaz-Balart, L. Platts Whitfield Brown (OH) Fitzpatrick (PA) King (NY) Diaz-Balart, M. Reyes nificant portfolio limitations in order Brown (SC) Forbes Kirk to make sure that GSEs are able to be Brown, Corrine Ford Kline b 1506 Burgess Fortenberry Knollenberg reined in and not become what they Burton (IN) Fossella Kolbe Mr. ADERHOLT changed his vote have said they are and go out of their Butterfield Foxx Kucinich from ‘‘aye’’ to ‘‘no.’’ range of portfolio. Buyer Frank (MA) Kuhl (NY) Mr. ROHRABACHER changed his Mr. KANJORSKI. Mr. Chairman, I Calvert Frelinghuysen LaHood Camp Gallegly Langevin vote from ‘‘no’’ to ‘‘aye.’’ yield 2 minutes to the gentleman from Cannon Gerlach Lantos So the amendment was rejected. California (Mr. GARY G. MILLER). Cantor Gibbons Larsen (WA) The result of the vote was announced Mr. GARY G. MILLER of California. Capito Gingrey Larson (CT) Mr. Chairman, this amendment basi- Capps Gohmert LaTourette as above recorded. Capuano Gonzalez Lee The Acting CHAIRMAN (Mr. BISHOP cally is unnecessary. It interferes with Cardin Goode Levin of Utah). It is now in order to consider the GSEs’ ability to provide stability Cardoza Goodlatte Lewis (CA) amendment No. 5 printed in House Re- and liquidity to the residential mort- Carnahan Gordon Lewis (GA) Carson Granger Lewis (KY) port 109–254. gage market, including during times of Carter Graves Linder AMENDMENT NO. 5 OFFERED BY MR. ROYCE crisis, which is mostly important. Case Green (WI) Lipinski Mr. ROYCE. Mr. Chairman, I offer an The bill already allows the regulator Castle Green, Al LoBiondo to address safety and soundness con- Chabot Green, Gene Lofgren, Zoe amendment. Chandler Grijalva Lowey The Acting CHAIRMAN. The Clerk cerns through risk-based capital, min- Clay Gutierrez Lucas will designate the amendment. imum capital, and portfolio powers. Cleaver Hall Lynch Adding this systemic risk language Clyburn Harman Mack The text of the amendment is as fol- Coble Harris Maloney lows: would likely add uncertainty and in- Cole (OK) Hart Manzullo stability into the secondary-mortgage Amendment No. 5 offered by Mr. ROYCE: Conaway Hastings (FL) Marchant Page 53, line 20, after ‘‘enterprise’’ insert market, ultimately resulting in a nega- Conyers Hastings (WA) Marshall tive impact on the housing markets. Costa Hayes Matheson the following: ‘‘, with mitigating systemic Costello Hayworth Matsui risk to the housing or capital markets or the H.R. 1461 gives the new regulator the Cramer Hefley McCarthy financial system,’’. same powers and authority that bank

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00185 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23864 CONGRESSIONAL RECORD—HOUSE October 26, 2005 regulators have, and more, including at any time. When market conditions become in the name of this theoretical term of the authority to limit the growth of less favorable, they will shift into other, more ‘‘systemic risk.’’ the housing GSEs for safety and sound- profitable investments. I should add this approach is not con- ness reasons. Royce will reduce liquidity. Arbitrarily forcing sistent with the banking world. This Bank regulators do not have the au- the GSEs to reduce their mortgage invest- power to punish a healthy institution thority to limit growth of banks for ments would reduce liquidity in the mortgage in advance of any real safety and undefined systemic risk reasons. The market, hinder the GSEs’ ability to stabilize soundness problem does not exist in Royce amendment goes beyond the the market, and make mortgage credit more the banking world. And many banks bank-like regulation. expensive. are now the same size as Freddie and Similar to bank regulatory author- Mr. ROYCE. Mr. Chairman, I yield 1 Fannie. I urge Members to support the ity, H.R. 1461 gives the GSE regulator minute to the gentleman from Texas well-balanced committee print lan- the discretion to increase a GSE’s cap- (Mr. HENSARLING). guage. ital requirement, particularly the min- Mr. HENSARLING. Mr. Chairman, I Mr. ROYCE. Mr. Chairman, I reserve imum capital requirement, which effec- thank the gentleman for yielding me the balance of my time. tively empowers the regulator to limit time, and I thank him for his amend- Mr. KANJORSKI. Mr. Chairman, I the growth of a GSE’s portfolio. ment. yield myself the balance of my time. H.R. 1461 also gives the regulator the First, I want to thank the gentleman I have a great deal of respect for the authority to adjust risk-based capital, from Ohio (Mr. OXLEY) and the gen- proponent of this amendment. I know which provides a risk-related measure tleman from Louisiana (Mr. BAKER) for he is a very serious and thoughtful by which the regulator evaluates all bringing us to this position in the first Member; but I think this amendment aspects of a GSE’s business. place. goes overboard from the standpoint of H.R. 1461 already provides an unprec- Clearly, there have been huge ac- during the 6 years of consideration of edented level of authority over the en- counting irregularities at our GSEs. this bill, we balanced out very well the terprises’ portfolios. Clearly, something needs to be done; structure to create a regulator that The bill gives the regulator broad au- and with these accounting irregular- would be similar to the bank regu- thority over the size and competition ities, we also know that we have very lators. The powers involved in this bill of the GSEs’ portfolios. significant systemic risks to our econ- allow for the regulator to control safe- The regulator could force an enter- omy that are involved with the GSEs’ ty and soundness and to have direction prise to dispose of any asset or liability portfolio holdings. of the portfolio when systemic risk if the regulator determines that doing Chairman Greenspan has testified be- would occur in these particular organi- so would be consistent with safety and fore our committee on numerous occa- zations. soundness. sions about this. It is time that we do This amendment goes far beyond Let me quote from the bill itself. something. that and allows the latitude to the reg- H.R. 1461, page 53: ‘‘Notwithstanding This is as straightforward an amend- ulator to get involved whenever there the capital classifications of the GSE, ment as it can be. It simply adds a sen- are capital-markets instability, not the director may by order require an tence to this legislation allowing the only housing instability, but capital enterprise, under such terms and condi- new regulator the authority to step in, markets or the financial system insta- tions as the director determines to be where necessary, to reduce the size of bility. What it means is we will always appropriate, to dispose of or acquire Fannie and Freddie’s portfolios, some- be subject to the whim and fancy of a any asset or liability, if the director thing that we know has nothing to do regulator to require these GSEs to sell determines that such action is con- with their mission of creating liquidity assets or sell liabilities at the whim of sistent with the safe and sound oper- in the secondary-mortgage market. the regulator’s thought that there may ation of the GSE.’’ Again, as Chairman Greenspan said be some need to regulate systemic risk, By harming the GSEs’ ability to sup- before, ‘‘Without the needed restric- when in fact these organizations suffer port our Nation’s mortgage market, tions on the size of the GSE balance no systemic risk. the Royce amendment would endanger sheets, we put at risk our abilities to I join with the gentleman from Vir- housing. preserve safe and sound financial mar- ginia (Mr. TOM DAVIS) when he ana- Reducing the size of the GSE port- kets in the United States, a key ingre- lyzes out that what we would be doing folios for reasons other than those af- dient of support for housing.’’ is arming a regulator who may not al- fecting the safety and soundness of the I urge a ‘‘yes’’ vote on the amend- ways be the most thoughtful individual company could negatively impact ment. in the world to take actions against home buyers and the mortgage market our housing industry and our housing b 1515 in the following ways: one, increasing GSEs at the most inappropriate time mortgage rates for customers; two, Mr. KANJORSKI. Mr. Chairman, I and moment, causing destabilization to limiting the liquidity available to yield 1 minute to the gentleman from the housing market and, in effect, small lenders to sell their mortgages, Virginia (Mr. TOM DAVIS). causing further destabilization and sys- and many more. Mr. TOM DAVIS of Virginia. Mr. temic risk to the financial markets. I I strongly encourage a ‘‘no’’ vote for Chairman, I rise in opposition to the urge my colleagues on both sides of the this amendment. amendment. aisle to vote ‘‘no’’ on this amendment. Limiting the GSEs’ ability to sustain the mar- Briefly, I want to note that the exist- Mr. Chairman, I yield back the bal- ket in time of crises and keep mortgage rates ing committee print already gives the ance of my time. stable. regulator power to force Freddie Mac Mr. ROYCE. Mr. Chairman, I yield Reducing new mortgage product innova- and Fannie Mae to sell assets for any myself the balance of my time. tion—limiting the GSEs’ ability to reach under- possible safety and soundness prob- Mr. Chairman, I rise today in support served populations and achieve their housing lems. I am not sure that adding an ad- of this amendment dealing with sys- goals. ditional test, one that is ill-defined, temic risk to H.R. 1461, the legislation CONCLUSIONS will accomplish any additional good. to reform oversight of the Nation’s GSEs are essential to housing market. The And it could do some harm. Here is three housing GSEs. GSEs’ mortgage investment activities are cru- why: under this amendment, a regu- I think most people would assume cial to fulfilling their mission to provide liquid- lator could decide to force a healthy, that Congress would and should create ity, stability and affordability in the residential over-capitalized Freddie or Fannie to a regulator with the authority to pro- mortgage market. sell assets at a time when the housing tect the broader financial system with Banks are not obligated to provide liquidity, market could ill afford it. The ripple respect to systemic risk, especially in stability or affordability to the mortgage mar- effects on local homeowners, commu- light of the warnings of systemic risk ket. They are free to enter or leave the market nities, and economies could suffer, all from the Federal Reserve and the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00186 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23865 Treasury, the $1.5 trillion of mortgage ment offered by the gentleman from the system; and people have become assets concentrated in just two compa- California (Mr. ROYCE). frightened about this, including chair- nies, the special ties the GSEs have The question was taken; and the Act- man of the Federal Reserve Board, with the Federal Government, and the ing Chairman announced that the noes Alan Greenspan. over-$2 trillion in GSE debt. appeared to have it. But what we are doing here today is Unfortunately, the fact of the matter Mr. ROYCE. Mr. Chairman, I demand not addressing the real problem: Why is that H.R. 1461 fails to give the regu- a recorded vote. is it out of control? Why is there a fi- lator the authority to protect the fi- The Acting CHAIRMAN. Pursuant to nancial housing bubble that everybody nancial system against a potential clause 6 of rule XVIII, further pro- is afraid is going to undergo a severe shock that would seriously undermine ceedings on the amendment offered by correction? the U.S. housing market and the global the gentleman from California (Mr. One of the major reasons is the fact financial system. ROYCE) will be postponed. that it has this special line of credit. I have just spoken with Alan Green- It is now in order to consider amend- So if we want to address the real cause span’s office this afternoon, and they ment No. 6 printed in House Report of the problem, we have to eliminate totally reject the argument that the 109–254. the line of credit. So it rather amazes regulator has this ability to take into AMENDMENT NO. 6 OFFERED BY MR. PAUL me that we do this much legislating account the systemic risk and take the without addressing the real cause of necessary actions in the bill; and also Mr. PAUL. Mr. Chairman, I offer an amendment. our problem. the Bush administration disagrees with Of course, there are other things that that assertion. They think it is not in The Acting CHAIRMAN. The Clerk will designate the amendment. contribute to the housing bubble, there. something that we cannot deal with Furthermore, if the authority is al- The text of the amendment is as follows: today, but the fact that there is easy ready in the bill, what is wrong with credit and low interest rates, interest Amendment No. 6 offered by Mr. PAUL: my additional 14 words stating it ex- rates below the market level, that is plicitly. Let me also make the point Page 64, after line 12, insert the following new section: then directed into the housing market. that my amendment would allow the This also contributes to the size and regulator to review the investment SECTION 117. ELIMINATION OF AUTHORITY TO BORROW FROM TREASURY OF THE the scope of the borrowing capacity of holdings of Fannie Mae and Freddie UNITED STATES. the GSEs. Mac, and this authority is necessary (a) FANNIE MAE.—Section 304 of the Fed- Also in this bill, of course, we are because the huge concentration of on- eral National Mortgage Association Charter adding into this a brand new housing balance sheet assets of Fannie Mae and Act (12 U.S.C. 1719) is amended by striking program which is said to probably in- subsection (c). Freddie Mac create too much interest volve another billion dollars in the (b) FREDDIE MAC.—Section 306 of the Fed- rate risk, in other words, too much ex- next 2 years. I guess it is not surprising posure to swings in interest rates in eral Home Loan Mortgage Corporation Act (12 U.S.C. 1455) is amended by striking sub- when The Wall Street Journal edito- the hands of only a few risk managers. rializes against this. Unfortunately, The traditional mortgage guarantee section (c). (c) FEDERAL HOME LOAN BANKS.—Section 11 they are not very kind. They say this business model at Fannie Mae and of the Federal Home Loan Bank Act (12 bill is another ‘‘Republican policy em- Freddie Mac provides liquidity in the U.S.C. 1431) is amended by striking sub- barrassment’’. mortgage market and helps homeown- section (i). This housing bubble, a housing pro- ership without increasing risk to the The Acting CHAIRMAN. Pursuant to gram that we are starting up, how do taxpayer. However, the enterprises’ on- House Resolution 509, the gentleman we finance it? Well, we tax the GSEs. balance sheet mortgage assets only from Texas (Mr. PAUL) and the gen- Instead of arguing the case for the benefit Fannie and Freddie share- tleman from Massachusetts (Mr. holders at the expense of the taxpayer. marketplace and letting people earn FRANK) each will control 5 minutes. Taking into account the unequaled money legitimately without subsidies, The Chair recognizes the gentleman levels of debt outstanding and the un- what we do, we keep allowing the sys- precedented use of derivatives to man- from Texas (Mr. PAUL). tem to continue. They do make profits, age interest rate risk at the enter- Mr. PAUL. Mr. Chairman, I yield my- and then we tax them. We are talking prises, the Federal Reserve and the self 3 minutes. about an additional tax, and this might Treasury Department believe that the Mr. Chairman, my amendment is very well be the reason the administra- on-balance sheet mortgage assets of straightforward. It cuts off a line of tion has come out against this bill, be- the two enterprises create systemic credit to the Treasury. The GSEs have cause of this new tax. risk to the global financial markets. a line of credit of $2 billion. It is said Mr. FRANK of Massachusetts. Mr. Mr. Chairman, Congress failed to rein that it is not important because they Chairman, I yield myself 2 minutes. in the savings and loan industry in the never use it. The answer really to that Mr. Chairman, first, the administra- early 1980s. That failure led to hun- is if they never use it, why leave it on tion has been somewhat inconsistent dreds of billions of dollars in taxpayer the books. But we do know they indi- on this. A year ago, Secretary of HUD losses. Today, however, Congress has rectly use it. It has been described as a Jackson boasted about the fact that he been forewarned by the Fed, the Treas- subsidy, because the GSEs can go into was insisting Freddie and Fannie in- ury, the OECD, and the IMF. I would the market and get a discount on their crease the extent to which they do low- like to end debate on this amendment loan costs; therefore, they can out- income housing because we have al- with the words of our distinguished compete the private sector. My amend- ways had affordable housing goals en- chairman of the Federal Reserve, Alan ment merely eliminates that line of forced by law. So the administration Greenspan, who has publicly urged the credit, puts a greater burden on the last year was insisting that Fannie and House of Representatives to defeat marketplace to regulate the GSEs Freddie use more of their money to H.R. 1461 unless the threat of systemic rather than depending on regulation. help low-income people. risk is addressed. He said: ‘‘To fend off I think Members can see there is a Let me say, I am not surprised. The possible future systemic difficulties, problem with our GSEs. The debt is gentleman from Texas (Mr. PAUL) has which we at the Federal Reserve Board horrendous. Today, the administration been straightforward. He is one of the assess as likely if GSE expansion consent a letter around and said that the most intellectually honest Members of tinues unabated, preventative actions debt of the GSEs totals $2.5 trillion, the House. Sometimes, like on casino are required sooner rather than later.’’ and they also guarantee in addition gambling and medical marijuana, I am I urge my colleagues to support this $2.4 trillion. That adds up to more glad to be with him. This time we dis- amendment. money than the Federal Government agree. He is very clear in saying we The Acting CHAIRMAN (Mr. BISHOP has borrowed. So it is a tremendous should not be doing subsidized housing. of Utah). The question is on the amend- amount of money and credit that is in He is quite clear.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00187 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23866 CONGRESSIONAL RECORD—HOUSE October 26, 2005 If his amendment were to pass, we ened about because nobody can even I just came back from my district, would not be able to have an affordable measure the amount of derivatives where the damage caused by Hurricane housing program because the level of that are involved with Fannie Mae and Wilma has been extensive. Its effects profits Fannie and Freddie generate, Freddie Mac. People are holding their will be felt for months, if not years. which we are tapping in part, 5 percent, breath for an accident to happen. Thousands of Floridians are living in to do affordable housing, would sub- I see this as an opportunity to talk shelters, as thousands of homes in the stantially diminish. about the marketplace, why we should State were severely or completely de- Yes, I think people ought to be able move Fannie Mae and Freddie Mac into stroyed. to work to build housing; but low-in- the market. People in Florida, Texas, the Gulf come people, people working at the A lot of people complained about the States, and across the country have minimum wage, a minimum wage the problems we had with Enron, and we been affected by these storms and have gentleman does not want to raise, are needed that as an excuse to pass a lot real life issues to deal with: food, shel- not going to be able to build their own more regulation. The truth is the mar- ter, clothing, fuel, lines for 2 and 3 housing. ket dealt with Enron. Enron was dealt hours to get fuel. I had to drive 150 People in the hurricane area who get with rather cruelly by the marketplace miles today before I could find one gas priority, if the affordable housing bill before the regulators got there. What station that only had about a half-hour goes through, that part of the bill goes we need to do is not, and especially as line. through, hundreds of millions of dol- Republicans and conservatives, talk These people need shelter. They are lars will be available to replace hous- about a world-class regulator and that going to need affordable housing. They ing literally washed away in Mis- it is going to solve all of these prob- could care less about partisan politics. sissippi, Alabama, Texas, and in Flor- lems. These restrictions are misplaced and ida. There is no way people down there My argument is if we do not solve the unnecessary. They preclude legitimate will be able to do it on their own. The problem of basic underlying inflation nonprofits from accessing affordable gentleman has been quite explicit, and distortion of interest rates, allocation housing funds at a time when hundreds I appreciate his being honest about it. of funds through housing programs, as of thousands of Americans desperately If this amendment passes, the effect well as this line of credit, believe me, need this assistance. We should not be will be to substantially increase the we are not going to solve this problem. clouding the need for affordable hous- capital cost to Fannie and Freddie. Please vote to strike this line of credit ing with partisan politics. I urge my colleagues to stay focussed They will have to pay more for capital. to the Treasury. Once they pay more for capital, not on the issues that are at the center of b 1530 only would the affordable housing fund people’s lives and vote ‘‘no’’ on this amendment and ultimately support the disappear, but so will the ability of the As it was stated earlier on this floor, gentleman from Massachusetts’ motion Bush administration, through Sec- we may have some regulations built into this that may even precipitate the to recommit. retary Jackson, to demand that they Mr. FRANK of Massachusetts. Mr. meet certain housing goals. And leave puncturing of the housing bubble. That nobody can predict. But without ad- Chairman, we have had very limited aside the affordable housing program, time here, so I am going to stray to an- the Bush administration, under Sec- dressing the basic flaw in the system that has created this $5 trillion worth other topic relative to the bill. retary Jackson, is proud of what it did Mr. Chairman, I yield 1 minute to the of debt, believe me, we will not have an to order Fannie and Freddie to do more gentleman from California (Mr. SHER- answer. I urge a ‘‘yes’’ vote on this to meet affordable housing goals, to MAN). buy up mortgages for people at 80 per- amendment. Mr. SHERMAN. Mr. Chairman, I cent of median income. I hope that the The Acting CHAIRMAN (Mr. BISHOP thank the gentleman for yielding me gentleman’s amendment in this par- of Utah). The time of the gentleman this time and for inviting me to ad- ticular case is defeated. from Texas has expired. dress the Garrett amendment, which Mr. Chairman, I reserve the balance Mr. FRANK of Massachusetts. Mr. comes up next, and to urge that we op- of my time. Chairman, I yield myself 30 seconds. pose that amendment. Mr. PAUL. Mr. Chairman, I yield my- The gentleman’s amendment actu- I want to thank the chairman and self such time as I may consume. ally does not go quite far enough, but the ranking member for including in If we had a bill that was a little he has a germaneness problem. What the bill when it left our committee lan- cleaner, we probably would be dealing he really wants to do is abolish HUD, guage proposed by the gentleman from with the problems we face with the given his philosophy. He does not think California (Mr. GARY G. MILLER) and GSEs and we would be dealing with a there should be a Federal housing pro- myself to raise the conforming loan housing program, a new housing program. Since he cannot get at HUD, he limit in certain areas. gram, probably with a different bill. goes after Fannie and Freddie in ways The reason we have these GSEs is to I see one attempt is to deal with this that would reduce substantially what help middle-class families achieve the problem that we face. Another attempt we do in housing. dream of homeownership. Since the be- is we are deciding that we need more And, by the way, the administra- ginning, we recognized that a middle- money directed into the housing indus- tion’s objection to this bill is not, as class family cannot find a home in try, and of course your building friends says the gentleman, that it is too much Alaska and Hawaii at the same like this, too. And those are Repub- regulation. It is that we do not give the amounts with the same level of mort- lican allies as well. The builders love regulator enough powers. So the ad- gage as in the other 48 States. So we this because we will pump more money ministration’s position is somewhat have always had a higher limit for into the market so they can make opposite to the gentleman from Texas’, those States. We now must recognize more profits. So it is another govern- not for the first time, to his credit. that in Los Angeles, New York, and ment housing project. From a market Mr. Chairman, I yield 11⁄2 minutes to certain other areas, housing prices are viewpoint, this is not good because we the gentlewoman from Florida (Ms. every bit as high as in some parts of want the money in the market to be al- WASSERMAN SCHULTZ). Alaska and Hawaii. And that is why located purely by the market and not Ms. WASSERMAN SCHULTZ. Mr. the bill that we need to defend from by government direction. Chairman, I rise today to strongly op- the Garrett amendment provides for a It is the government direction first pose the Paul amendment and the civic conforming loan limit, that is either as from the inflation, the artificial inter- engagement restrictions in the man- high as it is in Alaska and Hawaii or est rates, and then from the allocation ager’s amendment we previously de- such lower amount as equals the aver- of funds that cause distortion. That is bated. These will have a dispropor- age home price in that area. what we are dealing with here, the dis- tionate and disparate impact on the We have middle-class families in my tortion that people are literally fright- State of Florida. district, a police officer married to a

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00188 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23867 teacher, trying to get a home. Do not forming loan and a jumbo loan fluc- politan Statistical Area, the median deprive them of the benefits of these tuates between .15 percent and .18 per- home price is $435,200. It this amend- GSEs on the theory that they are cent, most of which is pure profit for ment passes, it would drop to $359,650 wealthy. They are not. Fannie Mae. Based on the current in- under the loan limits. The Acting CHAIRMAN (Mrs. CAP- terest rate environment, this means at The conforming loan limit provision ITO). The question is on the amendment best Fannie is going to lower monthly in this bill will make a meaningful cost offered by the gentleman from Texas costs by simply $60 for someone buying difference for home buyers. Based on (Mr. PAUL). that $200,000 loan who is now paying the current interest rate environment, The question was taken; and the Act- $3,300 or so a month in mortgage pay- the current monthly payment dif- ing Chairman announced that the noes ments. ference between a conforming loan and appeared to have it. The problem for Fannie is this exten- a jumbo loan can save a homeowner up Mr. PAUL. Mr. Chairman, I demand a sion into jumbo loans for higher-in- to $171 per month. In high-cost areas a recorded vote. come families and forgetting about significant majority of entry-level The Acting CHAIRMAN. Pursuant to their mission to help lower-income homes exceed the national conforming clause 6 of rule XVIII, further pro- families comes with a an added price, a loan limit. The conforming loan limits ceedings on the amendment offered by risk to their balance sheets. language in H.R. 1461 will help nearly the gentleman from Texas (Mr. PAUL) Chairman Greenspan and Secretary 245,000 first-time home buyers. In fact, will be postponed. Snow have consistently raised their in the gentleman from New Jersey’s It is now in order to consider amend- concerns about the systemic risks that (Mr. GARRETT) district alone, it helps ment No. 7 printed in House Report the size of Fannie and Freddie’s port- 42,987 first-time buyers. 109–254. folios pose to our Nation’s housing There is broad-based opposition to AMENDMENT NO. 7 OFFERED BY MR. GARRETT OF market. And if we allow them now to this amendment. National Association NEW JERSEY participate in the jumbo loan market of Realtors oppose it; National Associa- Mr. GARRETT of New Jersey. as well, they will only continue to fur- tion of Home Builders, National Asso- Madam Chairman, I offer an amend- ther exacerbate this dire situation. ciation of Mortgage Brokers, Inde- ment. We should ask, why was it even pro- pendent Community Bankers of Amer- The Acting CHAIRMAN. The Clerk posed that Fannie get this added power ica, National Alliance of Independent will designate the amendment. to help high-income home buyers? Was Bankers. I just received a call from The text of the amendment is as fol- there a problem that needed to be HUD Secretary Jackson, who also op- lows: fixed? No such evidence was ever pre- poses this amendment. Amendment No. 7 offered by Mr. GARRETT sented at any of the committee hear- There are three parts in section 123. of New Jersey: ings. The Garrett amendment deletes all Strike line 21 on page 81 and all that fol- The private sector has adequate three in this section. I think that is an lows through line 4 on page 91. sources of funding for loans that are error on his part. The Acting CHAIRMAN. Pursuant to above the conforming limits. An active This section sets conforming loan House Resolution 509, the gentleman private secondary market for larger limits and requires the agency to make from New Jersey (Mr. GARRETT) and mortgage loans that did not exist when annual adjustments to the limits based the gentleman from California (Mr. the enterprises were set up is now ac- on increases or decreases in a housing GARY G. MILLER) each will control 5 tive to supplement these sources of price index maintained by the agency. minutes. funding, and allowing Fannie to take Two, the accuracy of the housing The Chair recognizes the gentleman on higher costs in jumbo loans only price index is required to be audited by from New Jersey (Mr. GARRETT). takes valuable time and resources the GAO. Mr. GARRETT of New Jersey. away from their enterprises. And, three, for high-cost metropoli- Madam Chairman, I yield myself 2 min- Madam Chairman, I reserve the bal- tan statistical areas, the conforming utes. ance of my time. loan limit is raised to the lesser of 150 My amendment would strike the lan- Mr. GARY G. MILLER of California. percent of the statutory limit or the guage in the bill that raises the con- Madam Chairman, I yield myself such median home price in the area. forming loan limits for certain parts of time as I may consume. The Garrett amendment does not the United States. H.R. 1461 would GSEs have been at the forefront of just strike the high-cost area provi- raise by 50 percent the maximum size creating affordable housing opportuni- sion, it completely strikes the entire mortgage Fannie Mae and Freddie Mac ties for American families. conforming loan limits section of the could buy. While nationally the homeownership bill: One, how the loan limit is cal- This language hurts the very basic rate is at a record high of 69.2 percent, culated. Two, it creates uncertainty on functions of GSEs to provide liquidity many high-cost metropolitan areas who is supposed to set the new loan and help lower-income home buyers. across the Nation lag behind this na- limit every year. Three, it eliminates While the GSEs are chartered to op- tional rate. In the second quarter of flexibility in loan limits to reflect mar- erate in every district across the coun- 2004, the national average was 69.2 per- ket fluctuations, and the GAO study to try, their effectiveness in serving low- cent. Yet in New York, New York it develop loan limit is deleted by this income borrowers has been seriously was 36.6; Los Angeles, California, 51.6; amendment entirely. hindered because they focus instead on Orange County, California 61.4; and This basically is to make sure that bigger and bigger loans to higher and Boston, Massachusetts, 59.4. high-cost areas are provided the same higher-income borrowers. Presently, The high-cost area designation takes flexibility that Guam, Alaska, Hawaii, Fannie and Freddie can buy first mort- median home prices into account, but and Virgin Islands are currently bene- gages on single-family houses up to would be capped at 150 percent of the fiting from. The housing costs are $359,000. That limit is the so-called statutory loan limit, the same limit going up across this Nation. This bill ‘‘conforming loan limit,’’ and it rises that now applies to Alaska, Hawaii, was worked in a fashion to allow for every year. Next year it will go up to Guam, and the Virgin Islands. If it is that, to allow systematic review yearly $400,000. But with the bill now, it will good enough for Alaska, Guam, Hawaii, of these high-cost areas so GSEs can go go up to $600,000 in 2006. A home buyer and the Virgin Islands, it should also out and compete in the jumbo market- would need an income of almost be good enough for California; Michi- place, decreasing the cost of loans to $200,000 to buy that home. Is that what gan; New York; Connecticut; New Jer- individuals, decreasing their payments, Fannie Mae was intended to help? sey; Nevada; Virginia; Washington, allowing more individuals in the first- According to a study by the Federal D.C.; Pennsylvania; Florida; New time marketplace to own a home and Reserve published last January, the in- Hampshire; and many more. For exam- get the best possible home they can terest rate difference between a con- ple, in the North New Jersey Metro- buy, especially during bad times.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00189 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23868 CONGRESSIONAL RECORD—HOUSE October 26, 2005 When the economy starts to fail, mortgages at a higher cost than the Madam Chairman, as stated, the pur- banks sometimes pull out of market- current limit. This means that in the pose of Fannie Mae and Freddie Mac, places. GSEs at that time pull into high-cost areas such as those in New the GSEs, was to provide liquidity dif- them in a heavier fashion to make sure Jersey where the median home price ficult to the market and allow first- there is liquidity. exceeds the national price by at least time homeowners to get into the mar- There is ample overview within this $200,000 in counties like Bergen and ket in the first place. However, we bill to make sure safety and soundness Passaic, families would not have access want to define who those people are, are taken into consideration. These to an affordable loan. Under this and I think some things we can agree loans are securitized. These loans just amendment families will be priced out on: those people who are making are just not sitting out there floating of their own neighborhood. $200,000 and who want to expand and go in the marketplace. These are good, b 1545 up to larger houses should not be the sound loans based on people who need ones that we define as lower-income in- that. Those who live in higher-cost areas dividuals. Madam Chairman, I reserve the bal- do not deserve to be punished and The statistics also show that came ance of my time. should not have to move somewhere before our committee that even if we Mr. GARRETT of New Jersey. else to obtain an affordable home loan; put this into place, the differential on Madam Chairman, I yield myself 1 yet that is exactly what this amend- mortgage rates would account for minute. ment does. This amendment is a step around $60 to $70 per mortgage. So if We must remember what the original backwards for efforts to open the doors you are buying that $600,000 house and focus of the GSEs was when they were to affordable homeownership. We paying $3,000 or $3,300 a month, even if initially chartered by this Congress, should be trying to expand opportuni- this bill were to pass, you would only they were to do two things, and that is ties for families who dream of owning a see your savings of around $60 or $70. to provide liquidity to the marketplace home in the area they want to live in, I think the focus of Congress should and also to help provide for facilitating not shutting them out of achieving the be what it was when Fannie and low-income buyers coming into the American Dream. Freddie were first set up, and that is to marketplace. I urge a ‘‘no’’ vote on the amend- help those people get into their very It is already set up in the law that ment. first home. We can do that best by lim- the amount that GSEs can lend can go Mr. GARRETT of New Jersey. iting their function to what it was up every year. As it is right now, it Madam Chairman, I yield myself 20 prior to this amendment in the com- stands at $359,000. It is set to go up to seconds. mittee, and that is to focus on first- $400,000 for next year, in 2006. As the Madam Chairman, the assertion that time home buyers in every State of the bill was amended in committee, it this would be devastating to the mar- Union to be able to buy that first comes out now that that will go up by ket runs contrary to the facts before home, people of low and modest means 50 percent. the committee. There was no evidence who need the assistance of a govern- I ask the question, how would we de- whatsoever presented to the committee ment-backed program such as Fannie fine somebody who is about to buy a to say that the system in place in and Freddie to be able to know that $600,000 home? That individual would States such as New Jersey or Cali- there is a program there that allows have to be making an income of around fornia or elsewhere are in need of GSEs them to get into that loan. $200,000. Even if they are firemen, po- to come in to increase their con- We can allow the other market, licemen, teachers, who have you, they forming limits by 50 percent. There is which is already in place, which has would still need an income of $200,000 already an additional market out there been functioning properly, where there in order to buy a home at $600,000. that allows for people to buy jumbo is no evidence whatsoever to come be- That was not the intent of GSEs. The loans; and there are a number of dif- fore our committee that says there was intent was to help the low-income mar- ferent variations, adjustable rate a need to expand in this area, to con- ket to get their homes. By allowing the loans, that allow people who are in the tinue to provide the financing for peo- GSEs to get into this market, what we upper brackets and making $200,000 to ple who are at the upper-income levels are doing is distracting them from be able to afford and to buy these of $200,000 and the like to be able to their purpose and hurting those very mortgages. buy those homes. people that they were intended to help: Mr. GARY G. MILLER of California. Madam Chairman, I believe the best low-income people, whether they are in Madam Chairman, I yield 30 seconds to thing in mind is to make sure we re- New Jersey or California or other high- the gentleman from New York (Mr. main in place the system that allows interest-rate States, to be able to buy ISRAEL). first-time home buyers the ability to their first time. Mr. ISRAEL. Madam Chairman, what get into their homes. By voting ‘‘yes’’ Madam Chairman, I reserve the bal- we are debating here is what is afford- on this amendment, we be will be able ance of my time. able, how much is enough. Middle-class to do that. Mr. GARY G. MILLER of California. families know the answer. If you are in Mr. FARR. Madam Chairman, I rise in Madam Chairman, the gentleman the middle class, you are too rich to be strong opposition to the Garrett amendment should have been consistent and de- eligible for Federal programs, but too that would prevent an increase in the Con- leted Alaska, Guam, Hawaii, and the poor to be able to keep up with the cost forming Loan Limit. Virgin Islands. of living. If the Conforming Loan Limit is not in- Madam Chairman, I yield 1 minute to The language that the gentleman creased, middle income families on the Cen- the gentleman from New Jersey (Mr. from California (Mr. GARY G. MILLER), tral Coast of California will not be able to own MENENDEZ). the gentleman from California (Mr. a piece of the American dream—their own Mr. MENENDEZ. Madam Chairman, I SHERMAN), and I worked into this bill is home. rise in strong opposition to the Garrett a commonsense, bipartisan com- Right now, Fannie Mae and Freddie Mac amendment, which would be dev- promise that keeps up with that mid- can purchase single family mortgages up to a astating for middle-class families dle-class squeeze that makes the Amer- nationwide limit of $359,650. across New Jersey and in high-cost ican Dream of homeownership possible. Increasing the Conforming Loan Limit will areas throughout the country. With all due respect to the gentleman, allow these GSEs greater access to high cost While my colleague might argue that this amendment makes the American housing markets, which will increase the avail- this amendment would have no effect Dream of homeownership even harder. ability of mortgage capital which will increase on the ability of families to purchase a We should defeat this amendment. homeownership. home, he is gravely mistaken. Mr. GARRETT of New Jersey. I understand a mortgage of $359,650 The Garrett amendment prohibits Madam Chairman, I yield myself the sounds like a lot in some congressional dis- Fannie and Freddie from purchasing balance of my time. tricts, but in my district, middle class families

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00190 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23869 will be priced out of the housing market if the home in the area they want to live, not shut- AMENDMENT NO. 8 OFFERED BY MS. LORETTA Conforming Loan Limit is not increased. ting them out from achieving the American SANCHEZ OF CALIFORNIA Let me give you some examples of housing dream. Ms. LORETTA SANCHEZ of Cali- prices for my district— Mrs. MALONEY. Madam Chairman, I rise in fornia. Madam Chairman, I offer an Monterey County, the median home sales opposition to the Garrett amendment. This amendment. price in September 2005 was $712,797. amendment would take out of the bill a provi- The Acting CHAIRMAN. The Clerk Santa Cruz County, the medium home sales sion that I strongly support which raises the will designate the amendment. price in September 2005 was $750,000. permissible loan limits for Fannie Mae and The text of the amendment is as fol- For the City of Salinas, in Monterey County, Freddie Mac up to the median home price in lows: the median home sales price in September high cost areas such as New York City. Amendment No. 8 offered by Ms. LORETTA was $610,000, while the medium household This is a simple and common-sense amend- SANCHEZ of California: income was $43,720, according to Census fig- ment which recognizes that home prices in Page 93, line 17, before the semicolon insert ures compiled for 1999. some parts of the country are higher than in ‘‘, including the use of alternative credit For the City of Watsonville, in Santa Cruz most of the nation. scoring’’. County, the median home sales price in Sep- In these areas middle class families cannot The Acting CHAIRMAN. Pursuant to tember was $654,750, while the median use lower rate GSE loans to buy a median House Resolution 509, the gentlewoman household income was $37,617, according to price home, because the price will exceed the from California (Ms. LORETTA SANCHEZ) nationwide GSE limit. Simple fairness requires Census figures compiled in 1999. and a Member opposed each will con- that we solve this problem and give middle There is a huge affordable housing-income trol 5 minutes. class families in these areas the same oppor- gap in my district that will only get worse with- The Chair recognizes the gentle- tunity to use a lower-cost GSE loan as those out an increase in the Conforming Loan Limit. woman from California (Ms. LORETTA in other areas enjoy. The American dream—homeownership— SANCHEZ). This is about whether New York’s police- Ms. LORETTA SANCHEZ of Cali- should be an opportunity for all Americans. men, firefighters, school teachers, government I urge a ‘‘no’’ vote on the Garrett amend- fornia. Madam Chairman, I yield my- workers and other middle-class workers can self such time as I may consume. ment. aspire to home ownership. Madam Chairman, my amendment is Mr. MENENDEZ. Madam Chairman, I rise in I strongly supported raising the loan limit in strong opposition to the Garrett amendment, high cost areas and I strongly oppose taking very simple and straightforward. It which would be devastating for middle-class this provision out. merely adds alternative credit scoring families across New Jersey and in high cost This amendment is critical to New York and as an element of the Annual Housing areas throughout the country. other high cost areas. But it does not come at Report, as outlined in section 1324 of One of the sensible actions this bill takes is a cost to other areas. This is not a zero sum the bill. allowing Fannie Mae and Freddie Mac to pur- situation. Before I continue, however, I would chase mortgages that reflect the actual me- So I urge my colleagues from these areas first like to thank the Committee on dian home price instead of a set national limit. that are not affected by this amendment to join Rules for making the amendment in We all know that the price of purchasing a me in voting against it so that middle class order and the Committee on Financial home is increasing. But Madam Chairman, it workers across this nation will have a chance Services for its consideration. In par- is blatantly wrong to pretend that the same at the American Dream of owning your own ticular I would like to thank the gen- loan limits should apply to areas where the av- home. tleman from Delaware (Mr. CASTLE), erage home cost is $75,000 as areas where Ms. WOOLSEY. Madam Chairman, my dis- who has been a leader on exploring the the median cost is well over $350,000. The re- trict, the 6th District of California, just north of challenges and the opportunities of al- ality is, home prices in high-cost areas are the Golden Gate Bridge is a ‘‘donor’’ district. ternative credit scoring. I look forward skyrocketing at higher rates and to costs that We pay a lot more in taxes than we get back, to working with the gentleman on this are far above the national average. in fact, the median home price is approaching issue in the future. While my colleague from New Jersey ar- $1 million. This is almost three times the na- My amendment is a modest one, but gues that this amendment would have no af- tional median home price, and my constituents I think its implications have far-reach- fect on the ability of families to purchase a want their taxes to work for them. ing potential. It is currently estimated home, he is gravely mistaken. They want middle-class families in their area that there are about 50 million people Because his amendment would prohibit to be able to secure a GSE loan. in the United States who have little or Fannie and Freddie from purchasing mort- They want teachers, firefighters, and police- no credit history. Many of these indi- gages at a cost higher than the current limit, men who serve and live in areas of the coun- viduals make a solid income, they pay families in high cost areas—such as those in try where the housing market is soaring, to be their bills, they have substantial sav- New Jersey where the median home price ex- eligible for an GSE loan. ings and investments. However, these ceeds the national median home price by at Madam Chairman, we can do that. We must people face tough, if not insurmount- least $200,000—would not have access to any preserve the section of the underlying bill that able, conditions when they go to secure affordable loan. Under this amendment, family allows for raising conforming loan limits in high a loan. Those who do qualify often have will be priced out of their own neighborhood. cost areas. I urge my colleagues to oppose to pay excessive fees or elevated inter- These affordable loans help ensure families the Garrett amendment and allow fair home est rates. The irony is that you are who seek the dream of homeownership have mortgage lending. more likely to secure credit if you have The Acting CHAIRMAN (Mrs. CAP- the same chance to own their own home as debt than if you have none. ITO). The question is on the amendment So the question is, how can these those with more means. Families that live in offered by the gentleman from New higher cost areas do not serve to be punished people who are outside the traditional Jersey (Mr. GARRETT). and should not have to move somewhere else The question was taken; and the Act- banking system gain access to credit to obtain an affordable home loan. Yet that is ing Chairman announced that the noes and home loans if they have no tradi- what this amendment would do. appeared to have it. tional credit history? One of the an- A family living in Bergen or Passaic County, Mr. GARRETT of New Jersey. swers may be to use alternative credit for instance, where the median home price is Madam Chairman, I demand a recorded scoring and alternative sources of in- $390,000, would not be able to get an afford- vote. formation, such as utility bills and able loan from Fannie or Freddie simply be- The Acting CHAIRMAN. Pursuant to other types of payment systems so that cause they live in an area where the cost ex- clause 6 of rule XVIII, further pro- they have a history. If we use that, cess the current limit. So where are they sup- ceedings on the amendment offered by then we could see that they would posed to go? the gentleman from New Jersey (Mr. most likely pay their mortgage every This amendment is a step backwards for ef- GARRETT) will be postponed. month. forts to open the doors to affordable home- It is now in order to consider amend- Much work is being done to develop ownership. We should be trying to expand opment No. 8 printed in House Report and automate the use of alternative portunities for families who dream of owning a 109–254. credit information. Companies such as

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00191 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23870 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Fair Isaac, the originator of the FICO mittee, having had under consideration further consideration of the bill (H.R. score, has an algorithm which it uses the bill (H.R. 1461) to reform the regu- 1461) to reform the regulation of cer- to help lenders gain the credit worthi- lation of certain housing-related Gov- tain housing-related Government-spon- ness of unbanked or underbanked appli- ernment-sponsored enterprises, and for sored enterprises, and for other pur- cants. Nevertheless, while the private other purposes, had come to no resolu- poses, with Mrs. CAPITO (Acting Chair- sector is taking the initiative, I think tion thereon. man) in the chair. it needs the support of the Federal f The Clerk read the title of the bill. Government. Let me tell you why. The Acting CHAIRMAN. When the Recently, we had Hispanic Heritage RESIGNATION AS MEMBER OF Committee of the Whole rose earlier Month here in Washington, D.C. where COMMITTEE ON ENERGY AND today, amendment No. 8 printed in the Congressional Hispanic Caucus In- COMMERCE House Report 109–254 offered by the stitute does a summit. I did a par- The SPEAKER pro tempore laid be- gentlewoman from California (Ms. LO- ticular forum on alternative credit fore the House the following resigna- RETTA SANCHEZ) had been disposed of. scoring. Many of the actors, many of tion as a member of the Committee on It is now in order to consider amend- the first originators of loans for homes, Energy and Commerce: ment No. 9 printed in House Report 109–254. for example, said that it would be CONGRESS OF THE UNITED STATES, much easier for them to approve people HOUSE OF REPRESENTATIVES, AMENDMENT NO. 9 OFFERED BY MR. KANJORSKI on alternative credit scoring if in fact Washington, DC, October 26, 2005. Mr. KANJORSKI. Madam Chairman, the Fannie Maes, for example, of the Hon. J. DENNIS HASTERT, I offer an amendment. world actually would buy these in the Speaker of the House, the Capitol, The Acting CHAIRMAN. The Clerk secondary market. Right now they do Washington, DC. will designate the amendment. not. DEAR MR. SPEAKER: Please accept my res- The text of the amendment is as fol- ignation from the House Energy and Com- lows: So I think it is important for us as merce Committee. Amendment No. 9 offered by Mr. KAN- the Federal Government to step up and It has been my great pleasure to serve on JORSKI: to have Fannie Mae and Freddie Mac the committee under the fine leadership of Strike line 8 on page 270 and all that fol- and others begin to look at using alter- Chairman Barton. lows through line 3 on page 271 and insert the Thank you for your attention to this re- native credit scoring on a more regular following: basis. It would encourage primary lend- quest. ers to follow suit; and more people, Sincere regards, SEC. 181. BOARDS OF ENTERPRISES. (a) FANNIE MAE.— who should really be eligible for these ROY BLUNT, Majority Whip. (1) IN GENERAL.—Subsection (b) of section loans, would be eligible. 308 of the Federal National Mortgage Asso- My amendment does not mandate nor The SPEAKER pro tempore. Without ciation Charter Act (12 U.S.C. 1723(b)) is does it direct GSEs to use alternative objection, the resignation is accepted. amended in the first sentence by striking credit scoring. It only asks that they There was no objection. ‘‘eighteen persons,’’ and inserting ‘‘not less report on their use of these methods in f than 7 and not more than 15 persons,’’. the effort to promote greater home- Strike line 10 on page 271 and all that fol- ELECTION OF MEMBER TO COM- ownership, particularly in underserved lows through line 6 on page 272 and insert the MITTEE ON ENERGY AND COM- following: communities. By raising awareness of MERCE (b) FREDDIE MAC.— alternative credit scoring, we could po- (1) IN GENERAL.—Paragraph (2) of section tentially be helping thousands of quali- Mr. OXLEY. Mr. Speaker, I offer a 303(a) of the Federal Home Loan Mortgage fied home buyers who have always as- resolution (H. Res. 513) and I ask unan- Corporation Act (12 U.S.C. 1452(a)(2) is pired to own their own home. imous consent for its immediate con- amended in subparagraph (A) by striking Madam Chairman, I ask my col- sideration. ‘‘eighteen persons,’’ and inserting ‘‘not less leagues for their support on this The Clerk read the resolution, as fol- than 7 and not more than 15 persons,’’. lows: Page 280, lines 1 and 2, strike ‘‘shall be amendment. elected by the members and’’. Madam Chairman, I yield back the H. RES. 513 Page 280, line 3, after the period insert ‘‘All balance of my time. Resolved, That the following Member be directors of a Bank who are not independent Mr. OXLEY. Madam Chairman, I and is hereby elected to the following stand- members pursuant to paragraph (3) shall be claim the time in opposition, although ing committee of the House of Representa- elected by the members.’’. I am not opposed to the amendment. tives: Page 280, lines 8 and 9, strike ‘‘one-third’’ As a matter of fact, I am very much in Committee on Energy and Commerce: Mr. and insert ‘‘two-fifths’’. Barrett of South Carolina. Page 280, line 10, strike ‘‘as follows’’ and favor of the amendment, and I con- insert ‘‘, who shall be appointed by the Di- gratulate the gentlewoman from Cali- The SPEAKER pro tempore. Is there rector of the Federal Housing Finance Agen- fornia for her amendment. I know the objection to the request of the gency from a list of individuals recommended gentleman from Delaware (Mr. CASTLE) tleman from Ohio? made by the Housing Finance Oversight and the gentleman from Michigan (Mr. There was no objection. Board, and shall meet the following cri- EHLERS) and others on our side of the The resolution was agreed to. teria’’. aisle have been very interested in this A motion to reconsider was laid on Page 280, line 20, after ‘‘housing,’’ insert the table. ‘‘community development, economic devel- entire issue. I think it is a worthy opment,’’. amendment, and we have no objection f Page 281, line 5, strike ‘‘An’’ and insert on this side. ‘‘Notwithstanding subsection (f)(2), an’’. The Acting CHAIRMAN. The ques- FEDERAL HOUSING FINANCE Page 281, strike lines 11 through 14, and in- tion is on the amendment offered by REFORM ACT of 2005 sert the following new paragraph:. the gentlewoman from California (Ms. The SPEAKER pro tempore. Pursu- (2) in the first sentence of subsection (b), by striking ‘‘directorship’’ and inserting LORETTA SANCHEZ). ant to House Resolution 509 and rule ‘‘member directorship pursuant to sub- The amendment was agreed to. XVIII, the Chair declares the House in section (a)(2)’’; Mr. OXLEY. Madam Chairman, I the Committee of the Whole House on Page 281, strike lines 15 through 23. move that the Committee do now rise. the State of the Union for the further Page 281, line 25, after the semicolon insert The motion was agreed to. consideration of the bill, H.R. 1461. ‘‘and’’. Accordingly, the Committee rose; Page 282, strike lines 1 through 8. 1557 and the Speaker pro tempore (Mr. b Page 282, line 9, strike ‘‘(5)’’ and insert ‘‘(4)’’. IN THE COMMITTEE OF THE WHOLE BAKER) having assumed the chair, Mrs. Page 282, line 10, strike ‘‘subsection (e)’’ CAPITO, Acting Chairman of the Com- Accordingly, the House resolved and insert ‘‘subsections (e) and (f)’’. mittee of the Whole House on the State itself into the Committee of the Whole Page 283, strike lines 5 through 19 and in- of the Union, reported that that Com- House on the State of the Union for the sert the following:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00192 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23871 (c) CONTINUED SERVICE OF INDEPENDENT DI- citizens a needed voice in ensuring the best students ever in the House. This is RECTORS AFTER EXPIRATION OF TERM.—Sec- viability of our Nation’s housing fi- a very thoughtful and, I think, wholly tion 7(f)(2) of the Federal Home Loan Bank nance system and that the benefits of constructive amendment. Act (12 U.S.C. 1427(f)(2)) is amended— this system are widely distributed. It does not detract from any of the (1) in the second sentence, by striking ‘‘or the term of such office expires, whichever Maintaining public representation on purposes that we have. In fact, I think comes first’’; and the GSE boards is therefore critical to it would enhance them, and I hope the (2) by adding at the end the following new ensuring continued public trust in amendment is adopted. sentence: ‘‘An appointive Bank director may these very important financial institu- Mr. OXLEY. Madam Chairman, I continue to serve as a director after the expi- tions. yield myself such time as I may con- ration of the term of such director until a This amendment would accordingly sume. successor is appointed.’’. restore the Presidential and regulatory Madam Chairman, let me just say to The Acting CHAIRMAN. Pursuant to board appointment systems for GSEs my friend from Pennsylvania there are House Resolution 509, the gentleman while still preserving important some sections of that amendment that from Pennsylvania (Mr. KANJORSKI) changes made by the bill. These I support in terms of independence. But and the gentleman from Ohio (Mr. changes include providing flexibility in I do have a problem with the Presi- OXLEY) each will control 5 minutes. the size of corporate boards at Fannie dential appointees to the board. They The Chair recognizes the gentleman Mae and Freddie Mac and lengthening are basically symbols of the tie be- from Pennsylvania (Mr. KANJORSKI). the terms of service at the Federal tween Fannie Mae, and Freddie Mac Mr. KANJORSKI. Madam Chairman, home loan banks. and the Federal Government, and real- I yield myself such time as I may con- The amendment would also make ly do speak to the implied guarantee sume. three other minor modifications to the out there for the GSEs. Madam Chairman, simply stated, the bill related to the boards of the Federal The gentleman indicated that he had amendment would ensure a continued home loan banks. They include raising bipartisan support. In fact, it failed on independent public voice in the cor- the number of independent directors, a tie vote in the committee. I will con- porate governance of Fannie Mae, adding community and economic devel- cede there was bipartisan support. Freddie Mac, and the Federal Home opment expertise and allowing ap- There was also bipartisan opposition. Loan Banks. The amendment also has pointed independent directors to con- But at the same time I think that had bipartisan support in the Com- tinue to serve until a successor is in President Bush, who has decided not to mittee on Financial Services. It addi- place. fill those vacancies on the board, is on tionally now has the support of the Na- This commonsense amendment to re- the right track, and I think this tional Association of Homebuilders and tain an independent public voice on the amendment would simply add to the the National Association of Realtors. GSE boards received bipartisan support perception of the Federal guarantee. The bill before us would make a dra- during the markup of this bill. It also To that extent, I would oppose the matic change in the board structures of has the backing of those who know our amendment. the three government-sponsored enter- housing markets best, like the Na- Madam Chairman, I yield back the prises, and this issue deserves a public tional Association of Home Builders balance of my time. debate. and the National Association of Real- Mr. KANJORSKI. Madam Chairman, The charters of Fannie Mae and tors. In a recent letter to me about this I yield back the balance of my time. Freddie Mac presently require that the amendment, the home builders note The Acting CHAIRMAN (Mrs. CAP- boards of both enterprises shall at all that ‘‘a diverse governing board of di- ITO). The question is on the amendment times have five members appointed by rectors that is well balanced in knowl- offered by the gentleman from Penn- the President. Additionally, in order to edge and expertise in the full range of sylvania (Mr. KANJORSKI). represent the public interest and pro- GSE-related issues and activities is The amendment was agreed to. vide an independent voice, the charters critical.’’ SEQUENTIAL VOTES POSTPONED IN COMMITTEE of the Federal Home Loan Banks re- They also believe that the amend- OF THE WHOLE quire at least six individuals to be ap- ment ‘‘will help ensure that the GSE’s The Acting CHAIRMAN. Pursuant to pointed by the regulator to serve on board of directors are best equipped to clause 6 of rule XVIII, proceedings will each bank board. make informed, sound judgments in now resume on those amendments on Unfortunately, the bill before us which further proceedings were post- today would eliminate the requirement fulfilling their duties, including monitoring risk management activities of poned, in the following order: for Presidential appointees on the Amendment No. 5 by Mr. ROYCE of boards of Fannie Mae and Freddie Mac. the GSEs’ executives.’’ In sum, this amendment is one that California. It would also abolish regulatory ap- deserves the support of everyone who Amendment No. 6 by Mr. PAUL of pointees on the boards of the Federal wants to preserve a public voice within Texas. Home Loan Banks. the public-private entities and promote Amendment No. 7 by Mr. GARRETT of In my view, requiring Presidential New Jersey. and regulatory appointees to serve on good corporate governance. It has the support of the home builders and the The Chair will reduce to 5 minutes the board of Fannie Mae and Freddie the time for any electronic vote after Mac and the Federal Home Loan Banks realtors. May I say, at the full committee the the first vote in this series. is entirely appropriate, given the AMENDMENT NO. 5 OFFERED BY MR. ROYCE unique nature of their charters and amendment was offered and had a 35–35 vote at full committee. On the basis of The Acting CHAIRMAN. The pending their important public missions. business is the demand for a recorded Government-sponsored enterprises by knowing the importance to corporate vote on the amendment offered by the their very nature are public-private en- governance of this body, I urge my col- gentleman from California (Mr. ROYCE) tities, and they need to have a public leagues to adopt this amendment. on which further proceedings were voice at the highest levels of govern- Mr. FRANK of Massachusetts. postponed and on which the noes pre- ance. Madam Chairman, will the gentleman yield? vailed by voice vote. b 1600 Mr. KANJORSKI. I yield to the gen- The Clerk will redesignate the The Presidential and regulatory ap- tleman from Massachusetts. amendment. pointments, therefore, signal that each Mr. FRANK of Massachusetts. The Clerk redesignated the amend- entity is not only accountable to its Madam Chairman, I just wanted to add ment. shareholders, but also to broader na- my voice. The ranking member of the RECORDED VOTE tional public policy interests. subcommittee has spent a good deal of The Acting CHAIRMAN. A recorded Additionally, the Presidential and time focused on the corporate govern- vote has been demanded. regulatory appointment system gives ance of these GSEs. He is one of the A recorded vote was ordered.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00193 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23872 CONGRESSIONAL RECORD—HOUSE October 26, 2005 The vote was taken by electronic de- Lewis (GA) Nunes Shimkus RECORDED VOTE vice, and there were—ayes 73, noes 346, Lewis (KY) Oberstar Shuster The Acting CHAIRMAN. A recorded Linder Obey Simmons not voting 14, as follows: Lipinski Olver Simpson vote has been demanded. [Roll No. 543] LoBiondo Ortiz Skelton A recorded vote was ordered. Lofgren, Zoe Osborne Slaughter The Acting CHAIRMAN. This will be AYES—73 Lowey Owens Smith (TX) Lucas Oxley a 5-minute vote. Akin Gutknecht Pence Smith (WA) Lynch Pallone Snyder The vote was taken by electronic de- Bartlett (MD) Hall Petri Mack Pascrell Sodrel Beauprez Hayworth Pitts vice, and there were—ayes 47, noes 371, Maloney Pastor Solis Blackburn Hensarling Platts not voting 15, as follows: Marchant Payne Souder Blunt Hoekstra Radanovich Markey Pearce Spratt [Roll No. 544] Cardoza Hostettler Ramstad Marshall Pelosi Stark AYES—47 Chabot Hunter Regula Matheson Peterson (MN) Strickland Chocola Inglis (SC) Rohrabacher Matsui Peterson (PA) Akin Hensarling Otter Stupak Cooper Jones (NC) Royce McCarthy Pickering Bartlett (MD) Hoekstra Paul Sullivan Culberson Kennedy (MN) Ryan (WI) McCaul (TX) Poe Barton (TX) Hostettler Pence Deal (GA) King (IA) Sweeney Saxton McCollum (MN) Pombo Blackburn Inglis (SC) Pitts DeLay Kingston Tanner Sensenbrenner McCotter Pomeroy Boehner Istook Platts Dreier Kirk Tauscher Shadegg McCrery Porter Burton (IN) Jones (NC) Price (GA) Duncan Kline Terry McDermott Price (GA) Chocola Kingston Rohrabacher Ehlers Kolbe Shays Thomas Sherwood McGovern Price (NC) Deal (GA) Leach Royce Feeney Leach Thompson (CA) Duncan Linder Smith (NJ) McHugh Pryce (OH) Ryan (WI) Ferguson Lungren, Daniel Thompson (MS) Feeney Mack Stearns McIntyre Putnam Sensenbrenner Flake E. Thornberry Flake Manzullo Tancredo McKeon Rahall Shadegg Fortenberry Manzullo McKinney Rangel Tiberi Foxx McHenry Taylor (MS) Shays Foxx McHenry McMorris Rehberg Tierney Franks (AZ) Miller (FL) Taylor (NC) Tancredo Franks (AZ) Musgrave McNulty Reichert Towns Garrett (NJ) Myrick Tiahrt Garrett (NJ) Norwood Meehan Renzi Turner Gohmert Norwood Westmoreland Upton Gillmor Nussle Meeks (NY) Reynolds Udall (CO) Goode Nussle Young (AK) Gohmert Otter Weldon (FL) Melancon Rogers (AL) Udall (NM) Goode Paul Westmoreland Menendez Rogers (KY) Van Hollen NOES—371 Mica Rogers (MI) Vela´ zquez Abercrombie Coble Goodlatte NOES—346 Michaud Ross Visclosky Ackerman Cole (OK) Gordon Abercrombie Clyburn Green, Al Millender- Rothman Walden (OR) Aderholt Conaway Granger Ackerman Coble Green, Gene McDonald Ruppersberger Walsh Alexander Conyers Graves Aderholt Cole (OK) Grijalva Miller (FL) Rush Wamp Allen Cooper Green (WI) Alexander Conaway Gutierrez Miller (MI) Ryan (OH) Wasserman Andrews Costa Green, Al Allen Conyers Harman Miller (NC) Ryun (KS) Schultz Baca Costello Green, Gene Andrews Costa Harris Miller, Gary Sabo Waters Bachus Cramer Grijalva Baca Costello Hart Miller, George Salazar Watson Baird Crenshaw Gutierrez Bachus Cramer Hastings (FL) Mollohan Sa´ nchez, Linda Watt Baker Crowley Gutknecht Baird Crenshaw Hastings (WA) Moore (KS) T. Waxman Baldwin Cubin Hall Baker Crowley Hayes Moore (WI) Sanchez, Loretta Weiner Barrett (SC) Cuellar Harman Baldwin Cubin Hefley Moran (KS) Sanders Weldon (PA) Barrow Culberson Harris Barrett (SC) Cuellar Herger Moran (VA) Schakowsky Weller Bass Cummings Hart Barrow Cummings Herseth Murphy Schiff Wicker Bean Cunningham Hastings (FL) Barton (TX) Cunningham Higgins Murtha Schmidt Wilson (NM) Beauprez Davis (AL) Hastings (WA) Bass Davis (AL) Hinchey Myrick Schwartz (PA) Wilson (SC) Becerra Davis (CA) Hayes Bean Davis (CA) Hinojosa Nadler Schwarz (MI) Wolf Berkley Davis (FL) Hayworth Becerra Davis (FL) Hobson Napolitano Scott (GA) Woolsey Berman Davis (IL) Hefley Berkley Davis (IL) Holden Neal (MA) Scott (VA) Wu Berry Davis (KY) Herger Berman Davis (KY) Holt Neugebauer Serrano Wynn Biggert Davis (TN) Herseth Berry Davis (TN) Honda Ney Sessions Young (AK) Bilirakis Davis, Jo Ann Higgins Biggert Davis, Jo Ann Hooley Northup Sherman Young (FL) Bishop (NY) Davis, Tom Hinchey Bilirakis Davis, Tom Hoyer Bishop (UT) DeFazio Hinojosa Bishop (NY) DeFazio Hulshof NOT VOTING—14 Blumenauer DeGette Hobson Bishop (UT) DeGette Hyde Bishop (GA) Diaz-Balart, M. Ros-Lehtinen Blunt Delahunt Holden Blumenauer Delahunt Inslee Boswell Emanuel Roybal-Allard Boehlert DeLauro Holt Boehlert DeLauro Israel Brown-Waite, Foley Shaw Bonilla DeLay Honda Boehner Dent Issa Ginny Meek (FL) Wexler Bonner Dent Hooley Bonilla Dicks Istook Diaz-Balart, L. Reyes Whitfield Bono Dicks Hoyer Bonner Dingell Jackson (IL) Boozman Dingell Hulshof Bono Doggett Jackson-Lee Boren Doggett Hunter Boozman Doolittle (TX) b 1631 Boucher Doolittle Hyde Boren Doyle Jefferson Boustany Doyle Inslee Boucher Drake Jenkins Messrs. DICKS, GORDON, COLE of Boyd Drake Israel Boustany Edwards Jindal Oklahoma, and GOODLATTE changed Bradley (NH) Dreier Issa Boyd Emerson Johnson (CT) Brady (PA) Edwards Jackson (IL) Bradley (NH) Engel Johnson (IL) their vote from ‘‘aye’’ to ‘‘no’’. Brady (TX) Ehlers Jackson-Lee Brady (PA) English (PA) Johnson, E. B. Messrs. OTTER, STEARNS, HALL, Brown (OH) Emerson (TX) Brady (TX) Eshoo Johnson, Sam BEAUPREZ and FERGUSON changed Brown (SC) Engel Jefferson Brown (OH) Etheridge Jones (OH) Brown, Corrine English (PA) Jenkins Brown (SC) Evans Kanjorski their vote from ‘‘no’’ to ‘‘aye’’. Burgess Eshoo Jindal Brown, Corrine Everett Kaptur So the amendment was rejected. Butterfield Etheridge Johnson (CT) Burgess Farr Keller The result of the vote was announced Buyer Evans Johnson (IL) Burton (IN) Fattah Kelly Calvert Everett Johnson, E. B. Butterfield Filner Kennedy (RI) as above recorded. Camp Farr Johnson, Sam Buyer Fitzpatrick (PA) Kildee AMENDMENT NO. 6 OFFERED BY MR. PAUL Cannon Fattah Jones (OH) Calvert Forbes Kilpatrick (MI) Cantor Ferguson Kanjorski Camp Ford Kind The Acting CHAIRMAN (Mrs. CAP- Capito Filner Kaptur Cannon Fossella King (NY) ITO). The pending business is the de- Capps Fitzpatrick (PA) Keller Cantor Frank (MA) Knollenberg mand for a recorded vote on the Capuano Forbes Kelly Capito Frelinghuysen Kucinich amendment offered by the gentleman Cardin Ford Kennedy (MN) Capps Gallegly Kuhl (NY) Cardoza Fortenberry Kennedy (RI) Capuano Gerlach LaHood from Texas (Mr. PAUL) on which fur- Carnahan Fossella Kildee Cardin Gibbons Langevin ther proceedings were postponed and Carson Frank (MA) Kilpatrick (MI) Carnahan Gilchrest Lantos on which the noes prevailed by voice Carter Frelinghuysen Kind Carson Gingrey Larsen (WA) Case Gallegly King (IA) Carter Gonzalez Larson (CT) vote. Castle Gerlach King (NY) Case Goodlatte Latham The Clerk will redesignate the Chabot Gibbons Kirk Castle Gordon LaTourette amendment. Chandler Gilchrest Kline Chandler Granger Lee Clay Gillmor Knollenberg Clay Graves Levin The Clerk redesignated the amend- Cleaver Gingrey Kolbe Cleaver Green (WI) Lewis (CA) ment. Clyburn Gonzalez Kucinich

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00194 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23873

Kuhl (NY) Neugebauer Shimkus RECORDED VOTE Larsen (WA) Napolitano Sessions LaHood Ney Shuster The Acting CHAIRMAN. A recorded Larson (CT) Neal (MA) Shays Langevin Northup Simmons Latham Neugebauer Sherman Lantos Nunes Simpson vote has been demanded. LaTourette Ney Sherwood Larsen (WA) Oberstar Skelton A recorded vote was ordered. Lee Northup Shimkus Larson (CT) Obey Slaughter The Acting CHAIRMAN. This will be Levin Norwood Shuster Latham Olver Lewis (CA) Nunes Simmons Smith (NJ) a 5-minute vote. LaTourette Ortiz Smith (TX) Lewis (GA) Oberstar Simpson Lee Osborne Smith (WA) The vote was taken by electronic de- Lewis (KY) Obey Skelton Levin Owens Snyder vice, and there were—ayes 57, noes 358, Linder Olver Slaughter Lewis (CA) Oxley Sodrel Lipinski Ortiz Smith (NJ) Lewis (GA) Pallone not voting 18, as follows: LoBiondo Osborne Smith (TX) Solis Lewis (KY) Pascrell [Roll No. 545] Lofgren, Zoe Owens Smith (WA) Souder Lipinski Pastor Lowey Oxley Snyder Spratt AYES—57 LoBiondo Payne Lucas Pallone Solis Lofgren, Zoe Pearce Stark Akin Flake Paul Lungren, Daniel Pascrell Souder Lowey Pelosi Stearns Alexander Franks (AZ) Pence E. Pastor Spratt Lucas Peterson (MN) Strickland Baker Garrett (NJ) Petri Lynch Payne Stark Lungren, Daniel Peterson (PA) Stupak Barrett (SC) Gohmert Pitts Mack Pearce Strickland E. Petri Sullivan Bartlett (MD) Green (WI) Platts Maloney Peterson (MN) Stupak Lynch Pickering Sweeney Barton (TX) Gutknecht Putnam Manzullo Peterson (PA) Sullivan Maloney Poe Tanner Blackburn Harris Radanovich Marchant Pickering Sweeney Marchant Pombo Tauscher Boustany Hensarling Royce Markey Poe Tanner Markey Pomeroy Taylor (MS) Burgess Hostettler Rush Matheson Pombo Tauscher Marshall Porter Taylor (NC) Carter Istook Ryan (WI) Matsui Pomeroy Taylor (NC) Matheson Price (NC) Terry Castle Jindal Sensenbrenner McCarthy Porter Terry Matsui Pryce (OH) Thomas Chocola Jones (NC) Shadegg McCaul (TX) Price (GA) Thomas McCarthy Putnam Thompson (CA) Cooper King (IA) Sodrel McCollum (MN) Price (NC) Thompson (CA) McCaul (TX) Radanovich Thompson (MS) Culberson Kolbe Stearns McCotter Pryce (OH) Thompson (MS) McCollum (MN) Rahall Thornberry Davis, Jo Ann Leach Tancredo McDermott Rahall Thornberry McCotter Ramstad Tiahrt Deal (GA) McCrery Taylor (MS) McGovern Ramstad Tiberi McCrery Rangel Tiberi Delahunt Musgrave Tiahrt McHenry Rangel Tierney McDermott Regula Tierney Duncan Nussle Weldon (FL) McHugh Regula Towns McGovern Rehberg Towns English (PA) Otter Westmoreland McIntyre Rehberg Turner McHugh Reichert McKeon Reichert Udall (CO) Turner NOES—358 McIntyre Renzi Udall (CO) McKinney Renzi Udall (NM) McKeon Reynolds Udall (NM) Abercrombie Conyers Graves McMorris Reynolds Upton McKinney Rogers (AL) Upton Ackerman Costa Green, Al McNulty Rogers (AL) Van Hollen ´ McMorris Rogers (KY) Van Hollen Aderholt Costello Green, Gene Meehan Rogers (KY) Velazquez McNulty Rogers (MI) Vela´ zquez Allen Cramer Grijalva Meek (FL) Rogers (MI) Visclosky Meehan Ross Andrews Crenshaw Gutierrez Visclosky Meeks (NY) Rohrabacher Walden (OR) Meeks (NY) Rothman Baca Crowley Hall Melancon Ross Walsh Walden (OR) Melancon Ruppersberger Bachus Cubin Harman Menendez Rothman Wamp Walsh Menendez Rush Baird Cuellar Hart Mica Ruppersberger Wasserman Wamp Mica Ryan (OH) Baldwin Cummings Hastings (FL) Michaud Ryan (OH) Schultz Wasserman Michaud Ryun (KS) Barrow Cunningham Hastings (WA) Millender- Ryun (KS) Waters Schultz Millender- Sabo Bass Davis (AL) Hayes McDonald Sabo Watson Waters McDonald Salazar Bean Davis (CA) Hayworth Miller (FL) Salazar Watt Miller (MI) Sa´ nchez, Linda Watson Beauprez Davis (IL) Hefley Miller (MI) Sa´ nchez, Linda Waxman Miller (NC) T. Watt Becerra Davis (KY) Herger Miller (NC) T. Weiner Miller, Gary Sanchez, Loretta Waxman Berkley Davis (TN) Herseth Miller, Gary Sanchez, Loretta Weldon (PA) Miller, George Sanders Weiner Berman Davis, Tom Higgins Miller, George Sanders Weller Mollohan Saxton Weldon (FL) Berry DeFazio Hinchey Mollohan Saxton Wicker Moore (KS) Schakowsky Weldon (PA) Biggert DeGette Hinojosa Moore (KS) Schakowsky Wilson (NM) Moore (WI) Schiff Weller Bilirakis DeLauro Hobson Moore (WI) Schiff Wilson (SC) Moran (KS) Schmidt Wicker Bishop (NY) DeLay Hoekstra Moran (KS) Schmidt Wolf Moran (VA) Schwartz (PA) Wilson (NM) Blumenauer Dent Holden Moran (VA) Schwartz (PA) Woolsey Murphy Schwarz (MI) Wilson (SC) Blunt Dicks Holt Murphy Schwarz (MI) Wu Murtha Scott (GA) Wolf Boehlert Dingell Honda Murtha Scott (GA) Wynn Musgrave Scott (VA) Woolsey Boehner Doggett Hooley Myrick Scott (VA) Young (AK) Nadler Serrano Wu Bonilla Doolittle Hoyer Nadler Serrano Young (FL) Napolitano Sessions Wynn Bonner Doyle Hulshof Neal (MA) Sherwood Young (FL) Bono Drake Hunter NOT VOTING—18 Boozman Dreier Hyde Bishop (GA) Diaz-Balart, M. Ros-Lehtinen NOT VOTING—15 Boren Edwards Inglis (SC) Bishop (UT) Emanuel Roybal-Allard Bishop (GA) Emanuel Shaw Boucher Ehlers Inslee Boswell Foley Shaw Boswell Foley Sherman Boyd Emerson Israel Brown-Waite, Johnson, Sam Wexler Brown-Waite, Meek (FL) Wexler Bradley (NH) Engel Issa Ginny Marshall Whitfield Ginny Reyes Whitfield Brady (PA) Eshoo Jackson (IL) Davis (FL) Pelosi Diaz-Balart, L. Ros-Lehtinen Brady (TX) Etheridge Jackson-Lee Diaz-Balart, L. Reyes Diaz-Balart, M. Roybal-Allard Brown (OH) Evans (TX) Brown (SC) Everett Jefferson b 1649 Brown, Corrine Farr Jenkins Mr. TANNER changed his vote from b 1641 Burton (IN) Fattah Johnson (CT) Butterfield Feeney Johnson (IL) ‘‘aye’’ to ‘‘no.’’ So the amendment was rejected. Buyer Ferguson Johnson, E. B. So the amendment was rejected. The result of the vote was announced Calvert Filner Jones (OH) The result of the vote was announced Camp Fitzpatrick (PA) Kanjorski as above recorded. as above recorded. Cannon Forbes Kaptur The Acting CHAIRMAN (Mrs. CAP- AMENDMENT NO. 7 OFFERED BY MR. GARRETT OF Cantor Ford Keller ITO). The question is on the committee NEW JERSEY Capito Fortenberry Kelly Capps Fossella Kennedy (MN) amendment in the nature of a sub- The Acting CHAIRMAN. The pending Capuano Foxx Kennedy (RI) stitute, as amended. business is the demand for a recorded Cardin Frank (MA) Kildee The committee amendment in the vote on the amendment offered by the Cardoza Frelinghuysen Kilpatrick (MI) Carnahan Gallegly Kind nature of a substitute, as amended, was gentleman from New Jersey (Mr. GAR- Carson Gerlach King (NY) agreed to. RETT) on which further proceedings Case Gibbons Kingston The Acting CHAIRMAN. Under the were postponed and on which the noes Chabot Gilchrest Kirk Chandler Gillmor Kline rule, the Committee rises. prevailed by voice vote. Clay Gingrey Knollenberg Accordingly, the Committee rose; The Clerk will redesignate the Cleaver Gonzalez Kucinich and the Speaker pro tempore (Mr. amendment. Clyburn Goode Kuhl (NY) THORNBERRY) having assumed the Coble Goodlatte LaHood The Clerk redesignated the amend- Cole (OK) Gordon Langevin chair, Mrs. CAPITO, Acting Chairman of ment. Conaway Granger Lantos the Committee of the Whole House on

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00195 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23874 CONGRESSIONAL RECORD—HOUSE October 26, 2005 the State of the Union, reported that What I am offering here as the re- dioceses, parishes and Catholic Charities that Committee, having had under con- commit is a close replay of that vote, agencies from participating in Affordable sideration the bill (H.R. 1461) to reform but it ought to be even clearer for peo- Housing Fund programs. Similarly, pro- the regulation of certain housing-re- ple. My recommittal motion leaves the posals that would prohibit recipients from engaging in voter registration and lobbying lated Government-Sponsored Enter- manager’s amendment as adopted en- activities with their own funds during the prises, and for other purposes, pursuant tirely intact except for two changes. period they are utilizing affordable housing to House Resolution 509, she reported One, instead of requiring that to par- funds would force Catholic agencies to the bill back to the House with an ticipate in the Affordable Housing choose between participating in Affordable amendment adopted by the Committee Fund, housing must be the organiza- Housing Fund programs or engaging in con- of the Whole. tion’s primary purpose, it says it must stitutionally protected voter registration The SPEAKER pro tempore. Under be one of its primary purposes. If you and lobbying activities with their own funds. the rule, the previous question is or- maintain the requirement that it be I urge you to oppose inclusion of these kinds dered. of unnecessary limitations and prohibitions the primary purpose, no faith-based or- in H.R. 1461 as it moves to the House floor Is a separate vote demanded on any ganization may participate. amendment to the committee amend- for a vote. There are ample ways to write Some of you may remember a famil- safeguards into the legislation to prevent the ment in the nature of a substitute iar passage: Thou shalt have no pri- diversion of affordable housing funds to uses adopted by the Committee of the mary purpose above me. If you say that other than what they are intended without Whole? If not, the question is on the you can only do this if you have hous- requiring recipients to forego their constitu- amendment. ing as your primary purpose, by defini- tionally protected rights as a condition for The amendment was agreed to. tion the Catholic Church and the Bap- participating in Affordable Housing Fund The SPEAKER pro tempore. The tists and the Episcopalians and the programs. question is on the engrossment and The Bishops’ statement, Putting Children Jewish groups, which are collectively and Families First, notes: ‘‘Many families third reading of the bill. today a very important provider of af- The bill was ordered to be engrossed cannot find or afford decent housing, or must fordable housing, are simply automati- and read a third time, and was read the spend so much of their income for shelter cally debarred. There will be no faith- that they forego other necessities, such as third time. based groups allowed. food and medicine. . . . [The Catholic MOTION TO RECOMMIT OFFERED BY MR. FRANK People are talking about faith-based bishops] support housing policies which seek OF MASSACHUSETTS groups. I am aware of no restriction as to preserve and increase the supply of afford- Mr. FRANK of Massachusetts. Mr. binding as saying it has to be the pri- able housing and help families pay for it.’’ Speaker, I offer a motion to recommit. We must put in place a sustainable source of The SPEAKER pro tempore. Is the mary purpose, and I will insert into the funds to build affordable housing and this gentleman opposed to the bill? RECORD at this point a letter not just new fund would do that. Mr. FRANK of Massachusetts. In its from Catholic Charities, but from As I said in my June letter, this legislation present form, I am, Mr. Speaker. Bishop DiMarzio, on behalf of the presents Congress with a genuine oppor- The SPEAKER pro tempore. The United States Conference of Catholic tunity to make the shelter needs of ex- Clerk will report the motion to recom- Bishops, saying that: ‘‘Proposals that tremely low-income families a national priority. I believe that such families who need mit. would limit eligible recipients to organizations that have as their purpose housing the most should be targeted to re- The Clerk read as follows: ceive these limited funds. Mr. Frank moves to recommit the bill, the provision of affordable housing With every best wish, I am, H.R. 1461, to the Committee on Financial would effectively prevent Catholic dio- Sincerely, Services with instructions to report the ceses, parishes and Catholic Charities Most Rev. NICHOLAS DIMARZIO, same back to the House forthwith with the agencies from participating.’’ Chairman, Domestic Policy Committee, following amendments: U.S. Conference of Catholic Bishops. In the matter proposed to be inserted by DEPARTMENT OF SOCIAL DEVELOP- section 128(a) of the bill, in section MENT AND WORLD PEACE, AMERICAN ASSOCIATION OF HOMES 1337(e)(2)(A) of the Housing and Community Washington, DC, October 3, 2005. Hon. J. DENNIS HASTERT, AND SERVICES FOR THE AGING, Development Act of 1992, strike ‘‘as its pri- October 24, 2005. mary purpose’’ and insert ‘‘among its pri- Speaker of the House of Representatives, Washington, DC. DEAR REPRESENTATIVE: On behalf of the mary purposes’’. American Association of Homes and Services In the matter proposed to be inserted by DEAR MR. SPEAKER: I write as Chairman of for the Aging (AAHSA), I want to express our section 128(a) of the bill, in section the Domestic Policy Committee of the members’ deep reservations over an amend- 1337(e)(2)(C)(i) of the Housing and Commu- United States Conference of Catholic ment expected to be proposed when H.R. 1461, nity Development Act of 1992, strike ‘‘except Bishops (USCCB) to urge you to retain the the GSE reform legislation, is brought to the that’’ and all that follows through ‘‘period’’ Affordable Housing Fund as part of the Fed- floor this week. and insert the following: eral Housing Finance Reform Act of 2005 (H.R. 1461) and bring the bill to a vote forth- The proposed amendment seeks to impose ‘‘except that such term shall not include any with. The Catholic Bishops have historically restrictions on the eligibility of non-profit voter registration or get-out-the-vote activ- urged the federal government to help meet faith-based organizations interested in ap- ity conducted on a non-partisan basis;’’. our nation’s promise of a decent home for plying for development funding under the Af- Mr. FRANK of Massachusetts (during every American family, especially those fordable Housing Fund created in this legis- the reading). Mr. Speaker, I ask unani- families with extremely low incomes. lation. mous consent that the motion be con- As I noted in my June 10 letter to the While on one hand Congress and the Ad- sidered as read and printed in the House of Representatives, the Catholic Com- ministration call for greater participation munity—through our Charities agencies, dio- by non-profit, faith-based organizations to RECORD. carry the load in helping our neediest citi- The SPEAKER pro tempore. Is there ceses, and parishes—serves tens of thousands of men, women, and children who struggle to zens, the House now seems poised to cut us objection to the request of the gen- maintain adequate housing. Besides shel- off from a funding stream that we need in tleman from Massachusetts? tering homeless people who turn to us for order to continue to provide affordable hous- There was no objection. help, we have built, and continue to maining to low-income seniors. President Bush The SPEAKER pro tempore. The gen- tain, thousands of affordable housing units. himself has lauded the faith-based, non-prof- tleman from Massachusetts (Mr. All of these experiences have demonstrated it housing partnership with government as FRANK) is recognized for 5 minutes on to us how inadequate, substandard housing an outstanding example of successful faith- his motion. hurts human life, undermines families, de- based programs. Mr. FRANK of Massachusetts. Mr. stroys communities, and weakens the social AAHSA has 5600 members nationwide; all Speaker, a little while ago, we had a fabric of our nation. Despite our efforts—and are non-profit organizations and most are vote on the manager’s amendment. It the efforts of so many others—there just is faith-based. Our members serve two million not enough affordable housing available. people every day and provide services across was a very close vote. It was 210 to 205. Proposals that would limit eligible recipi- the continuum: assisted living residences, One Member inadvertently voted the ents to organizations that have as their pri- continuing care retirement communities, other way that he planned to. So it was mary purpose the provision of affordable nursing homes, senior housing facilities, and 209 to 206. housing would effectively prevent Catholic home and community based services.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00196 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23875

For our many members who are non-profit NATHAN J. DIAMENT. Because voter registration, identification, sponsors of affordable senior housing, the and get-out-the-vote efforts, as well as lob- proposal is a slap in the face to their efforts CONSORTIUM FOR bying, are constitutionally protected First to be active participants in their commu- CITIZENS WITH DISABILITIES Amendment activities, funding restrictions nities and ensuring the highest possible qual- Washington, DC, October 24, 2005. that would stifle such activities could well ity of life for their senior residents. Hon. DAVID DREIER, be struck down if they are not adequately As an association, we encourage our mem- House of Representatives, tailored to further an important government bers to engage in and sponsor such non-par- Washington, DC. interest. Ensuring that organizations spend tisan and perfectly legal activities as voter Hon. LOUISE SLAUGHTER, federal funds only as Congress has intended registration, providing transportation to the House of Representatives, is, in itself, a legitimate government objec- polls, candidate debates and Town Hall Washington, DC. tive. The extreme breadth of the language in meetings. Because of the high concentration DEAR CHAIRMAN DREIER AND RANKING MEM- the proposed manager’s amendment, how- of voters, many of our senior housing facili- BER SLAUGHTER: As you know, the House is ever, would do nothing to further this goal. ties even serve as polling sites. scheduled this week to consider HR 1461, the It does not seem possible that retroactively Our members should not have to choose be- Federal Housing Finance Reform Act of 2005. prohibiting activities, disqualifying appli- tween being good citizens and being eligible The Consortium for Citizens With Disabil- cants based on their affiliations with organi- applicants for the quasi-public monies to be zations that do not receive any federal dol- made available under the Affordable Housing ities (CCD) would like to go on record against language in the proposed Manager’s lars, or restricting the use of other unrelated Fund. Furthermore, even if a facility did not funds would ensure that Affordable Housing provide any of the civic services, the mere Amendment that we believe would be of tremendous harm to community-based non- Fund grants are used properly and in accord- fact that it is affiliated with another organi- ance with the law. Furthermore, there is no zation that does, would render the organiza- profit disability organizations across the legitimate governmental interest in pre- tion ineligible. country. venting nonpartisan voter participation ac- Please support H.R. 1461, but without this CCD is a coalition of more than 100 na- restrictive amendment. tional disability organizations working to- tivities. As such, the restrictions in the pro- Sincerely yours, gether to advocate for national public policy posed manager’s amendment will face inevitable challenge and could well be struck WILLIAM L. MINNIX, Jr., that ensures the self-determination, inde- President and CEO. pendence, empowerment, integration and in- down as unconstitutional. clusion of children and adults with disabil- Finally, the proposed legislation would af- ities in all aspects of society. A large part of fect disability organizations that are essen- UNION OF ORTHODOX JEWISH our agenda focuses on civil rights and pro- tial to the successful development of afford- CONGREGATIONS OF AMERICA, tections for the 56 million people with dis- able housing and permanent supportive hous- Washington, DC, October 24, 2005. abilities in the U.S. ing for persons with disabilities. For exam- Hon. NANCY PELOSI, It is CCD’s understanding that the pro- ple, it would affect non-profit disability or- Hon. STENY HOYER, posed Manager’s Amendment contains lan- ganizations that have a direct role in the de- Hon. LOUISE SLAUGHTER, guage that would require many disability or- velopment and subsequent ownership of af- Hon. BARNEY FRANK, ganizations to violate state law if they were fordable rental housing for people with dis- House of Representatives, to apply for grants made available through abilities. Equally important, the proposed DEAR LEADERS OF THE HOUSE OF REP- the Affordable Housing Fund included in HR legislation would affect non-profit service RESENTATIVES: We write on behalf of the 1461. This would result from a requirement in provider organizations that are affiliated Union of Orthodox Jewish Congregations of with affordable housing developers/owners America to urge you to ensure that the Fed- the legislation for non-profit organizations for the purposes of providing essential sup- eral Housing Finance Reform Act of 2005 that seek funding from this program to cer- portive services to people who are living in (H.R. 1461) contains no provisions which tify that they are not engaged in voter reg- the housing. Many non-profit service pro- would be disruptive to participation of the istration or voter education efforts, regard- viders have structured these relationships many religiously affiliated organizations in less of the source of these funds. with housing providers through formalized affordable housing programs. At the outset, CCD would like to make Proposals that would limit eligible recipi- clear that we oppose efforts on the part of Memoranda of Understanding, Management ents to organizations that have as their ‘‘pri- Congress to use federal funding as leverage Agreements, or other written agreements. mary purpose’’ the provision of affordable to control how non-profit disability organi- CCD has supported the Affordable Housing housing would effectively prevent many Jew- zations expend other resources, including Fund contained in HR 1461 since its incep- ish community entities from participating in state and local, as well as privately raised tion. Nonprofit disability groups across the Affordable Housing Fund programs. Simi- funds. Such restrictions, in our view, amount country struggle every day to seek out fund- larly, proposals that would prohibit recipi- to undue federal government control over ac- ing to meet the growing affordable housing ents from engaging in voter registration and tivities of non-profit disability organiza- crisis for non-elderly people with disabil- lobbying activities with their own funds in tions. Unfortunately, the language in the ities. HUD programs such as Section 811, order to receive affordable housing funds proposed Manager’s Amendment to HR 1461, Section 8 tenant-based and project-based, would force many Jewish agencies to choose singling out voter registration activities of HOME, CDBG and McKinney-Vento are crit- between participating in Affordable Housing non-profit organizations, takes an additional ical resources in meeting the needs of ex- Fund programs or engaging in constitu- step that would place non-profit disability tremely low-income people with disabilities. tionally protected voter registration and lob- groups in jeopardy of violating both the Con- However, additional resources are needed to bying activities with their own funds. We stitution and the law. ensure that the increasing demand for af- urge you to oppose inclusion of these kinds In addition, this would also conflict with fordable rental housing in the community of unnecessary limitations and prohibitions the ‘‘Motor Voter’’ law. The National Voter among people with disabilities is met. in H.R. 1461 and, if they are to be considered Registration Act of 1993 (‘‘Motor Voter law’’) Non-profit disability organizations want to by the House on the floor, to ensure that was enacted to facilitate voter registration, be able to access the resources being made these provisions receive a full debate and up with the goal of increasing turnout on Elec- available by this important legislation. CCD or down vote. tion Day. Besides requiring states to allow therefore urges you to remove the unfair and It is critical to note that such proposals voter registration at motor vehicle agencies, unwarranted restrictions on non-profit dis- are as objectionable when it comes to hous- the Motor Voter law also requires nonprofit ability groups in the proposed Manager’s ing funds and free speech rights as they are organizations that receive state funds and Amendment to HR 1461. Non-profit disability objectionable when proposed with regard to are primarily engaged in providing services groups should not be forced to violate state other social welfare program funds and other to persons with disabilities to provide voter law in order to compete for affordable hous- constitutionally protected rights. As is the registration forms as well as assistance in ing resources. case with many other federally funded so- completing them. Because some of these Sincerely, cial-welfare programs in which faith-based same organizations would be prohibited from CURTIS DECKER, entities participate, there are appropriate engaging in voter registration activities Chair. ways to write safeguards into the legislation under the manager’s amendment to H.R. Secondly, it would say that, yes, the to prevent the diversion of funds to uses 1461, the manager’s amendment would force restrictions on electioneering are other than what they are intended without many organizations—particularly those that maintained. By the way, with regard to requiring recipients to forego their constitu- provide housing and other services to people the funds themselves from the Afford- tionally protected rights as a condition for with disabilities—to choose between their participating. We urge you to uphold these obligation to register voters and their abil- able Housing Fund, they can only be principles in the context of H.R. 1461. ity to provide housing to individuals who used for affordable housing with very Sincerely, need it most. No organization should be strict penalties if they are not. We are RABBI T. HERSH WEINREB, forced to make such a decision. talking now not about using that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00197 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23876 CONGRESSIONAL RECORD—HOUSE October 26, 2005 money for any purpose other than Here is the one chance, the recom- to understand that this is the best way housing, but whether, if you agree to mit, to see whether or not Members to provide affordable housing as quick- use that money for housing under those will frankly take back control of the ly as possible with the maximum restrictions, you may, with your own House, because as long as you accept amount of oversight in this area. money, do other things such as voter this interchange of events, bill comes Mr. Speaker, I yield to the gentleman registration or get out the vote. out of committee, majority leadership from Louisiana (Mr. BAKER), the spon- We maintain the restrictions on elec- holds it up and insists on provisions sor of the legislation. tioneering. We maintain the restric- that we never got to vote on, and then Mr. BAKER. Mr. Speaker, this is a tions on making a communication vote you do not get a chance to vote just on very important vote under consider- for this one, a vote for that one. We those provisions, the only chance you ation. I wish to point out that 3.5 per- say, however, there should be an excep- get is when we do the recommit, and cent assessment of net profits for the tion to this, and copies of the recom- then what are you told: You cannot first 2 years will generate an estimated mit are available over there. vote for the recommit; nice people do $400 million a year nationwide. All we want to say is that when we not do that. The identified needs for Hurricane restrict and prevent electioneering, it The question here is will democracy Katrina only are probably in excess of does not cover any voter registration prevail in the House and when Mem- $300 billion for housing-related activi- or get-out-the-vote activity conducted bers on the other side vote their con- ties. If we add Rita and Wilma, the on a nonpartisan basis. science and not be told that they sim- Those who have a fear of ACORN funds will be far depleted before we ply cannot do what they know is right, ever get to the issue of whether we should understand that the ACORN many of them, because it is in a mo- Florida activity referred to before need to be engaged in voter registration to recommit, when no other alter- would not be allowed under this. I tion or voter transport to the pre- native was presented to them. would rather not be that restrictive, cincts. If one were to go to Trailer City Mr. OXLEY. Mr. Speaker, I rise in but I accept the reality of it. So only on Groom Road in Baker, Louisiana, opposition to the motion to recommit. organizations that fit in the column of and walk up to one of those trailers The SPEAKER pro tempore. The gen- nonpartisan. and say, hey, folks, I am here from the The gentleman from Ohio from the tleman from Ohio is recognized for 5 Federal Government and I want to buy Republican Conference raised the issue. minutes. a new van to haul you to the precinct Under this bill, as it now stands, if you Mr. OXLEY. Mr. Speaker, I never next year to go vote, what kind of re- are a religious organization, and you thought a debate on GSE reform would sponse do you think you will get if you maintain an elderly housing project, be so emotional, and it has been a long said that will come at the expense of which are built with these funds, you day and a very productive day and a advancing replacement housing for cannot get a bus to take people to vote. good debate. families to go home? That is get-out-the-vote activity. You Let me, first of all, say to my friend And then let us talk about the ad- cannot have a voter registrar in there. from Massachusetts, who worked very ministration of the program. How do So that is what we are talking about, well with us in committee on this im- you confirm affordable housing works not using the funds for this, but using portant legislation, let us not lose and they are doing it? You look at the those funds on your own to help out. sight of the fact that this is the first lot and see the house. You knock on There is a procedural issue here. The major GSE reform bill to ever come be- the door and see if anybody is inside. leadership in the Committee on Rules fore any Congress. It was well written That is easy. said we did not stop you from voting; and well received, and it does a lot to How do you confirm that the money you could vote on the manager’s create a world-class regulator for the being spent for voter enhancement, amendment, and you get a recommit. GSEs. education, and transportation is used The manager’s amendment, some peo- Secondly, it creates for the first time for a valid purpose? Do you go to Uncle ple were conflicted because it included a housing fund that will funnel mil- Bob’s RV Trailer Park and look to see the preference for the hurricane areas. lions and millions of dollars into af- if they are using those vehicles for It included restrictions that I reluc- fordable housing through the GSEs, voter transport? How do we know? tantly accepted. I am not trying to and I think we do not want to lose The idea here is we have very re- change here. sight of that. stricted resources. We have an incred- This is the only chance we have to Thirdly, this legislation does not ban ibly large problem to resolve with re- vote cleanly on whether or not we faith-based groups from providing sponse to the hurricanes. We know that should exclude all faith-based groups housing. All it says is that we want by deploying these resources this way, and whether or not groups, faith-based groups that have had a record of build- we can ensure we are helping people in or not, that agree to try to provide ing houses, a record of building houses the most effective manner possible. low-income housing with these funds in the various States, to be able to do We should come back through reg- should be debarred with their own that. We want to make certain that ular order, have committee hearings funds from doing nonpartisan voter that money is used for housing, not for and talk about it. How are we going to registration and get out the vote. political activity, not for lobbying or have advocacy for people to be able to Here is the dilemma. On the one everything else. vote and participate? And if we want to hand, we say we do not get a vote, and Fourthly, let me add, the gentleman fund that, fund it separately. This is the Committee on Rules people said, from Massachusetts (Mr. FRANK) in his not the time, not the place, not the oh, no, you have the recommit. On the motion talks about a nonpartisan way. Please, do not vote for this mo- other, they said to the Republicans, basis. but do not vote against recommit; nice tion to recommit. people do not vote against recommittal b 1700 Mr. FRANK of Massachusetts. Mr. motions; recommit is not a real amend- There is no definition in the cam- Speaker, will the gentleman yield? ment; recommit is a procedural vote. paign laws that I can find that defines Mr. OXLEY. I yield to the gentleman Well, this is a test. We have this situ- what is essentially nonpartisan, and I from Massachusetts. ation. I do not believe most Members think we need to keep that in mind. Mr. FRANK of Massachusetts. Mr. over there want to keep religious Understand this effort is to try to get Speaker, the gentleman has done great groups out. I do not believe they want as much money into the areas, in par- work, but he said this does not bar reli- to penalize voter registration. A small, ticularly the first 2 years in the hurri- gious groups. conservative, ideological group, and I cane-related areas, so we can provide From October 3 to the Speaker from admire ideologues, sometimes I am one affordable housing. Those folks along the Catholic bishops: ‘‘Limiting eligi- myself, they have held this out, and the gulf coast that were affected, Flor- ble recipients to organizations that they have held off the bill. ida, Alabama, Mississippi, Texas, need have as their primary purpose,’’ which

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00198 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23877 this bill does now, ‘‘the provision of af- Pascrell Sanders Taylor (MS) Wicker Wilson (SC) Young (AK) fordable housing, would effectively pre- Pastor Schakowsky Thompson (CA) Wilson (NM) Wolf Young (FL) Payne Schiff Thompson (MS) NOT VOTING—13 vent Catholic dioceses, parishes and Pelosi Schwartz (PA) Tierney Catholic charities from participating.’’ Peterson (MN) Scott (GA) Towns Bishop (GA) Diaz-Balart, M. Roybal-Allard Secondly, none of the money here Pomeroy Scott (VA) Udall (CO) Boswell Emanuel Shaw would go to those other purposes. I Price (NC) Serrano Udall (NM) Brown-Waite, Foley Wexler Rahall Shays Van Hollen Ginny Reyes Whitfield agree with what the gentleman said. I Ramstad Sherman Vela´ zquez Diaz-Balart, L. Ros-Lehtinen just do not agree with what the bill Rangel Skelton Visclosky 1723 said. This is their chance to reconcile Ross Slaughter Wasserman b them. Rothman Smith (WA) Schultz So the motion to recommit was re- Ruppersberger Snyder Waters jected. The SPEAKER pro tempore (Mr. Rush Solis Watson THORNBERRY). Without objection, the Ryan (OH) Spratt Watt The result of the vote was announced previous question is ordered on the mo- Sabo Stark Waxman as above recorded. tion to recommit. Salazar Strickland Weiner The SPEAKER pro tempore (Mr. There was no objection. Sa´ nchez, Linda Stupak Woolsey THORNBERRY). The question is on the T. Tanner Wu passage of the bill. The SPEAKER pro tempore. The Sanchez, Loretta Tauscher Wynn question is on the motion to recommit. The question was taken; and the The question was taken; and the NOES—220 Speaker pro tempore announced that Speaker pro tempore announced that Aderholt Gilchrest Myrick the ayes appeared to have it. the noes appeared to have it. Akin Gillmor Neugebauer RECORDED VOTE Alexander Gingrey Ney Mr. ROGERS of Michigan. Mr. RECORDED VOTE Bachus Gohmert Northup Mr. HOYER. Mr. Speaker, I demand a Baker Goode Norwood Speaker, I demand a recorded vote. recorded vote. Barrett (SC) Goodlatte Nunes A recorded vote was ordered. Bartlett (MD) Granger Nussle A recorded vote was ordered. The SPEAKER pro tempore. This Barton (TX) Graves Osborne will be a 5-minute vote. The SPEAKER pro tempore. Pursu- Bass Green (WI) Otter ant to clause 8 and clause 9 of rule XX, Beauprez Gutknecht Oxley The vote was taken by electronic de- this 15-minute vote on the motion to Biggert Hall Paul vice, and there were—ayes 331, noes 90, Bilirakis Harris Pearce not voting 12, as follows: recommit will be followed by 5-minute Bishop (UT) Hart Pence votes on passage of H.R. 1461, if or- Blackburn Hastings (WA) Peterson (PA) [Roll No. 547] dered, and the motion to suspend the Blunt Hayes Petri AYES—331 Boehlert Hayworth rules and pass H.R. 3945. Pickering Aderholt Case Frelinghuysen Boehner Hefley Pitts The vote was taken by electronic de- Bonilla Hensarling Akin Castle Gallegly Platts Alexander Bonner Herger Chabot Gerlach vice, and there were—ayes 200, noes 220, Poe Allen Bono Hobson Chandler Gibbons Pombo Andrews not voting 13, as follows: Boozman Hoekstra Coble Gilchrest Porter Baca [Roll No. 546] Boustany Hostettler Cole (OK) Gillmor Price (GA) Bachus Bradley (NH) Hulshof Conaway Gingrey Pryce (OH) Baird AYES—200 Brady (TX) Hunter Costa Gohmert Putnam Baker Costello Abercrombie Delahunt Langevin Brown (SC) Hyde Gonzalez Radanovich Baldwin Cramer Ackerman DeLauro Lantos Burgess Inglis (SC) Goode Regula Barrett (SC) Crenshaw Allen Dicks Larsen (WA) Burton (IN) Issa Goodlatte Rehberg Barrow Cubin Andrews Dingell Larson (CT) Buyer Istook Gordon Reichert Bartlett (MD) Cuellar Baca Doggett Leach Calvert Jenkins Granger Renzi Barton (TX) Culberson Baird Doyle Lee Camp Jindal Graves Reynolds Bass Cummings Baldwin Edwards Levin Cannon Johnson (CT) Green (WI) Rogers (AL) Bean Cunningham Barrow Engel Lewis (GA) Cantor Johnson (IL) Gutknecht Rogers (KY) Beauprez Davis (AL) Bean Eshoo Lipinski Capito Johnson, Sam Hall Rogers (MI) Becerra Davis (CA) Becerra Etheridge Lofgren, Zoe Carter Jones (NC) Harman Rohrabacher Berkley Davis (FL) Berkley Evans Lowey Castle Keller Harris Royce Berman Davis (IL) Berman Farr Lynch Chabot Kelly Hart Ryan (WI) Berry Davis (KY) Berry Fattah Maloney Chocola Kennedy (MN) Hastings (WA) Ryun (KS) Biggert Davis (TN) Bishop (NY) Filner Markey Coble King (IA) Hayes Saxton Bilirakis Davis, Jo Ann Blumenauer Ford Marshall Cole (OK) King (NY) Hayworth Schmidt Bishop (NY) Davis, Tom Boren Frank (MA) Matheson Conaway Kingston Hefley Schwarz (MI) Bishop (UT) Deal (GA) Boucher Gonzalez Matsui Crenshaw Kirk Hensarling Sensenbrenner Blumenauer DeFazio Boyd Gordon McCarthy Cubin Kline Herger Blunt Delahunt Brady (PA) Green, Al McCollum (MN) Culberson Knollenberg Sessions Herseth Boehlert DeLauro Brown (OH) Green, Gene McDermott Cunningham Kolbe Shadegg Higgins Boehner DeLay Brown, Corrine Grijalva McGovern Davis (KY) Kuhl (NY) Sherwood Hinojosa Bonilla Dent Butterfield Gutierrez McIntyre Davis, Jo Ann LaHood Shimkus Hobson Bonner Dicks Capps Harman McKinney Davis, Tom Latham Shuster Hoekstra Bono Doggett Capuano Hastings (FL) McNulty Deal (GA) LaTourette Simmons Holden Boozman Doolittle Cardin Herseth Meehan DeLay Lewis (CA) Simpson Holt Boren Drake Cardoza Higgins Meek (FL) Dent Lewis (KY) Smith (NJ) Hooley Boucher Dreier Carnahan Hinchey Meeks (NY) Doolittle Linder Smith (TX) Hostettler Boustany Duncan Carson Hinojosa Melancon Drake LoBiondo Sodrel Hoyer Boyd Edwards Case Holden Menendez Dreier Lucas Souder Hulshof Bradley (NH) Ehlers Chandler Holt Michaud Duncan Lungren, Daniel Stearns Hunter Brady (TX) Emerson Clay Honda Millender- Ehlers E. Sullivan Hyde Brown (OH) Engel Cleaver Hooley McDonald Emerson Mack Sweeney Inglis (SC) Brown (SC) English (PA) Clyburn Hoyer Miller (NC) English (PA) Manzullo Tancredo Issa Brown, Corrine Eshoo Conyers Inslee Miller, George Everett Marchant Taylor (NC) Istook Burgess Etheridge Cooper Israel Mollohan Feeney McCaul (TX) Terry Jackson (IL) Burton (IN) Evans Costa Jackson (IL) Moore (KS) Ferguson McCotter Thomas Jefferson Butterfield Everett Costello Jackson-Lee Moore (WI) Fitzpatrick (PA) McCrery Thornberry Jenkins Buyer Farr Cramer (TX) Moran (VA) Flake McHenry Tiahrt Jindal Calvert Feeney Crowley Jefferson Murtha Forbes McHugh Tiberi Johnson (CT) Camp Ferguson Cuellar Johnson, E. B. Nadler Fortenberry McKeon Turner Johnson (IL) Cannon Filner Cummings Jones (OH) Napolitano Fossella McMorris Upton Johnson, Sam Cantor Fitzpatrick (PA) Davis (AL) Kanjorski Neal (MA) Foxx Mica Walden (OR) Jones (NC) Capito Forbes Davis (CA) Kaptur Oberstar Franks (AZ) Miller (FL) Walsh Keller Capps Ford Davis (FL) Kennedy (RI) Obey Frelinghuysen Miller (MI) Wamp Kelly Cardin Fortenberry Davis (IL) Kildee Olver Gallegly Miller, Gary Weldon (FL) Kennedy (MN) Cardoza Fossella Davis (TN) Kilpatrick (MI) Ortiz Garrett (NJ) Moran (KS) Weldon (PA) Kildee Carnahan Foxx DeFazio Kind Owens Gerlach Murphy Weller Kind Carter Franks (AZ) DeGette Kucinich Pallone Gibbons Musgrave Westmoreland King (IA)

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00199 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23878 CONGRESSIONAL RECORD—HOUSE October 26, 2005 King (NY) Myrick Sensenbrenner Foley Roybal-Allard Wexler AMENDING FEDERAL FOOD, DRUG, Kingston Napolitano Sessions Reyes Shaw Whitfield AND COSMETIC ACT TO PROVIDE Kirk Neal (MA) Shays Kline Neugebauer Sherman FOR REGULATION OF ALL CON- Knollenberg Ney Sherwood b 1736 TACT LENSES AS MEDICAL DE- Kolbe Northup Shimkus Mr. MEEHAN changed his vote from VICES Kuhl (NY) Norwood Shuster ‘‘no’’ to ‘‘aye.’’ LaHood Nunes Simmons Mr. DEAL of Georgia. Mr. Speaker, I Langevin Nussle Skelton So the bill was passed. move to suspend the rules and pass the Lantos Obey Slaughter The result of the vote was announced Senate bill (S. 172) to amend the Fed- Larsen (WA) Ortiz Smith (NJ) as above recorded. Larson (CT) Osborne eral Food, Drug, and Cosmetic Act to Smith (TX) A motion to reconsider was laid on Latham Oxley Smith (WA) provide for the regulation of all con- LaTourette Pallone Snyder the table. tact lenses as medical devices, and for Levin Pascrell Sodrel other purposes. Lewis (CA) Pearce Souder f Lewis (KY) Pence The Clerk read as follows: Spratt Be it enacted by the Senate and House of Rep- Linder Peterson (MN) Stearns resentatives of the United States of America in Lipinski Peterson (PA) Strickland AUTHORIZING THE CLERK TO LoBiondo Petri Stupak MAKE CORRECTIONS IN THE EN- Congress assembled, Lowey Pickering Sullivan SECTION 1. REGULATION OF CERTAIN ARTICLES Lucas Pitts GROSSMENT OF H.R. 1461, FED- Sweeney AS MEDICAL DEVICES. Lungren, Daniel Poe Tanner ERAL HOUSING FINANCE RE- Section 520 of the Federal Food, Drug, and E. Pombo Tauscher FORM ACT OF 2005 Lynch Pomeroy Cosmetic Act (21 U.S.C. 360j) is amended by Taylor (MS) Manzullo Porter Mr. BAKER. Mr. Speaker, I ask adding at the end the following subsection: Taylor (NC) Marchant Price (GA) ‘‘Regulation of Contact Lens as Device Terry unanimous consent that in the engross- Marshall Pryce (OH) Thomas ment of the bill, H.R. 1461, the Clerk be ‘‘(n)(1) All contact lenses shall be deemed Matheson Putnam Thompson (CA) to be devices under section 201(h). Matsui Radanovich authorized to correct section numbers, Thompson (MS) ‘‘(2) Paragraph (1) shall not be construed as McCarthy Rahall punctuation, and cross-references, and Thornberry bearing on or being relevant to the question McCaul (TX) Regula to make such other technical and con- McCotter Rehberg Tiahrt of whether any product other than a contact McCrery Reichert Tiberi forming changes as may be necessary lens is a device as defined by section 201(h) or McHenry Renzi Tierney to reflect the actions of the House. a drug as defined by section 201(g).’’. McHugh Reynolds Turner The SPEAKER pro tempore (Mr. Udall (CO) The SPEAKER pro tempore. Pursu- McIntyre Rogers (AL) THORNBERRY). Is there objection to the McKeon Rogers (KY) Udall (NM) ant to the rule, the gentleman from McMorris Rogers (MI) Upton request of the gentleman from Lou- Georgia (Mr. DEAL) and the gentleman Van Hollen Meehan Rohrabacher isiana? from California (Mr. WAXMAN) each Melancon Ros-Lehtinen Walden (OR) There was no objection. Menendez Ross Walsh will control 20 minutes. Mica Rothman Wamp The Chair recognizes the gentleman Michaud Ruppersberger Weldon (FL) f from Georgia (Mr. DEAL). Miller (FL) Rush Weldon (PA) GENERAL LEAVE Miller (MI) Ryan (OH) Weller HURRICANE KATRINA FINANCIAL Miller, Gary Ryan (WI) Westmoreland Mr. DEAL of Georgia. Mr. Speaker, I Miller, George Ryun (KS) Wicker SERVICES RELIEF ACT OF 2005 ask unanimous consent that all Mem- Mollohan Salazar Wilson (NM) Mr. BAKER. Mr. Speaker, I ask bers may have 5 legislative days within Moore (KS) Sanchez, Loretta Wilson (SC) Moore (WI) Saxton Wolf unanimous consent that the text of which to revise and extend their re- Moran (KS) Schiff Wu H.R. 3945, as proposed to be adopted marks and include extraneous material Moran (VA) Schmidt Wynn under suspension of the rules, be modi- on S. 172. Murphy Schwartz (PA) Young (AK) fied by the amendment that I have The SPEAKER pro tempore. Is there Murtha Schwarz (MI) Young (FL) placed at the desk. objection to the request of the gen- NOES—90 The SPEAKER pro tempore. The tleman from Georgia? Abercrombie Jones (OH) Pelosi Clerk will report the modifications. There was no objection. Ackerman Kanjorski Platts The Clerk read as follows: Mr. DEAL of Georgia. Mr. Speaker, I Blackburn Kaptur Price (NC) Page 3, line 14, after ‘‘Louisiana’’ insert yield myself such time as I may con- Brady (PA) Kennedy (RI) Ramstad ‘‘Florida.’’ sume. Capuano Kilpatrick (MI) Rangel Page 3, line 17, strike ‘‘August 28, 2005’’ and Mr. Speaker, I am proud to rise in Carson Kucinich Royce insert ‘‘August 25, 2005.’’ Chocola Leach favor of S. 172, and I would like to Sabo Page 5, line 22, strike ‘‘August 28, 2005’’ and Clay Lee Sa´ nchez, Linda thank the gentleman from Arkansas Cleaver Lewis (GA) insert ‘‘August 25, 2005.’’ T. (Mr. BOOZMAN) and the gentleman from Clyburn Lofgren, Zoe Page 7, line 13, strike ‘‘August 28, 2005’’ and Sanders Conyers Mack insert ‘‘August 25, 2005.’’ California (Mr. WAXMAN) for their work Cooper Maloney Schakowsky on the House companion bill, which Scott (GA) The SPEAKER pro tempore. Without Crowley Markey was H.R. 371. DeGette McCollum (MN) Scott (VA) objection, the modifications are agreed Historically, the contact lens indus- Dingell McDermott Serrano to. Shadegg try in the United States has secured Doyle McGovern There was no objection. Fattah McKinney Simpson prior approval from or clearance by the Flake McNulty Solis Food and Drug Administration prior to Frank (MA) Meek (FL) Stark f Garrett (NJ) Meeks (NY) Tancredo the introduction of contact lenses into Green, Al Millender- Towns the United States market. These same Green, Gene McDonald Vela´ zquez ANNOUNCEMENT BY THE SPEAKER contact lens manufacturers also have Grijalva Miller (NC) Visclosky PRO TEMPORE Gutierrez Musgrave been subjected to and complied with Wasserman The SPEAKER pro tempore. Pursu- Hastings (FL) Nadler Schultz numerous requirements codified in the Hinchey Oberstar Waters ant to clause 8 of rule XX, the Chair Federal Food, Drug, and Cosmetic Act. Honda Olver Watson will postpone further proceedings A few companies challenged the Inslee Otter Watt Israel Owens today on motions to suspend the rules FDA’s ability to regulate non-correc- Waxman Jackson-Lee Pastor on which a recorded vote or the yeas tive decorative contact lenses as med- (TX) Paul Weiner Woolsey and nays are ordered, or on which the ical devices to create a loophole in the Johnson, E. B. Payne vote is objected to under clause 6 of current law. As a result, these entities NOT VOTING—12 rule XX. distribute their products without the Record votes on postponed questions, attendant controls that historically Bishop (GA) Brown-Waite, Diaz-Balart, M. Boswell Ginny Emanuel and on H.R. 3945, will be taken tomor- have safeguarded contact lens con- Diaz-Balart, L. row. sumers.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00200 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23879 The uncontrolled distribution of dec- agers and their parents about the dan- You say, well, it is just a 16-year-old. orative contact lenses has caused a va- gers of unsupervised use of contact Here is an example of a 26-year-old that riety of eye injuries and conditions. At lenses at Halloween. also bought contact lenses at a flea first, what might seem to be a minor I would like to express my apprecia- market that made him have cat eyes. irritation, if left untreated, can de- tion to Senators DEWINE and KENNEDY This individual developed a very sig- velop permanent eye damage and loss for guiding this legislation through the nificant, very severe infection, which of vision. S. 172 would close this loop- Senate, I would like to thank those at probably resulted in loss of vision. hole by restoring the FDA’s ability to FDA who supported our legislative so- Today what we are trying to do by regulate all contact lenses as medical lution, and I recognize the efforts of ex- passing this bill is to close the loophole devices. perts such as Thomas Steinemann in which everybody agrees needs to be Mr. Speaker, I urge Members to sup- Cleveland, who worked hard to raise done. So the real heroes of this have port this legislation. awareness about the availability and been the FDA. We have worked very, Mr. Speaker, I reserve the balance of dangers of unsafe lenses. very hard with them and have gotten my time. I especially want to thank and con- language that they have agreed to; Dr. Mr. WAXMAN. Mr. Speaker, I yield gratulate our colleague, the gentleman Steineman, in doing the early work in myself such time as I may consume. from Arkansas (Mr. BOOZMAN), for his identifying this; and ophthalmology, Mr. Speaker, I rise to join my col- persistence and hard work in the House optometry that have really pressed the leagues, particularly the gentleman of Representatives. I urge my col- issue in the House; the manufacturers from Arkansas (Mr. BOOZMAN), in sup- leagues to support this bipartisan con- of the particular lenses; Senator porting this important bill to apply the sensus legislation today. DEWINE and Senator KENNEDY in the Mr. Speaker, I reserve the balance of highest safety standards and consumer Senate; and then also MIKE ENZI, the protections to all contact lenses. my time. chairman of the committee over there Mr. DEAL of Georgia. Mr. Speaker, I This legislation became necessary on that really took this upon himself to am pleased to yield such time as he April 4, 2003. On this date, the Food and get this thing passed. Mr. WAXMAN has may consume to the gentleman from Drug Administration decided to clas- done a tremendous job of working with Arkansas (Mr. BOOZMAN), who is the sify certain colored contact lenses as us and just really going through in an cosmetics, not medical devices. This original cosponsor of the House companion bill to this legislation. effort to get the particular language classification made no sense. Cos- that would get this done without af- metics are not required to be made ac- b 1745 fecting the jurisdiction of the FDA. So cording to strict manufacturing stand- Mr. BOOZMAN. Mr. Speaker, last I really appreciate the gentleman from ards; cosmetics are not reviewed for Congress, myself, Mr. WAXMAN in the California; also, Chairman BARTON and safety prior to marketing; and cos- House, Senator DEWINE, Senator KEN- Chairman DEAL in allowing this to go metics are not prescribed by a doctor. NEDY in the Senate, became aware of a forward to get this to the floor. These The loose regulatory approach to cos- very serious problem. The FDA had were the guys that really allowed us to metics may work for lipstick; but it is claimed jurisdiction over all contact get this done. We had a goal of getting dangerous for contact lenses, which are lenses, and then in April of 2003 an- this done before Halloween, and I think placed directly on the eyes. If contact nounced that it did not feel like it had we are almost there. lenses are not made properly, they can jurisdiction over contact lenses that The other thing I would like to do, cause severe infections. If lenses do not did not have any power in them any- which needs to be done more than we fit properly, they can cause disfiguring more. In other words, there were lenses do it, is thank our staffs. They have ulcers, and if lenses are worn by teen- that were sold for the purpose of put in literally countless hours trying agers or others without the ongoing su- changing eye color, sold at Halloween to get this thing worked out. pervision of an eye care professional, to enhance; if you were going to a Again, I would urge all of my col- severe injuries can result. whatever and wanted to look kind of leagues to support this bill. I think it Since April 4, 2003, scores of teen- wild, you could buy these lenses. Up is something that needs to be done, and agers and young adults have been in- until then, everyone agreed that a con- it is one of those things that as a result jured by cosmetic contact lenses. Some tact was a contact, but when they got of us getting this done today truly will have permanently lost vision. Others to looking at their statute, they were protect our youth, protect people in have required corneal transplants. In very concerned that they did not have keeping them from experiencing a dev- one survey in Louisiana, 85 percent of any jurisdiction. astating eye injury. optometrists and 45 percent of ophthal- As a result, these lenses began being I also want to thank the majority mologists reported diagnosing eye inju- sold at flea markets, began being sold leader, Mr. BLUNT, for getting this ries from contact lenses sold without a at places where you get your nails scheduled, again before Halloween. prescription. done, and when they were sold, no one Mr. WAXMAN. Mr. Speaker, I yield Since April 4, 2003, I have worked told them how to put them in and take myself such time as I may consume. with the gentleman from Arkansas them out, there was no effort at all to I want to thank my colleague from (Mr. BOOZMAN), contact lens manufac- teach anything about hygiene, the dis- Arkansas for his very kind words and turers, the American Academy of Oph- infecting solutions that you needed to join him in saluting all of the Members thalmology, the American Optometric prevent your eyes from becoming in- of the House and the Senate and our Association, and consumer advocates fected. staffs who have worked on this legisla- to ensure that all contact lenses are Dr. Steineman at Case Western Re- tion. I do not want to dwell on why the regulated according to the strict stand- serve about this time started seeing a FDA decided to regulate some lenses as ards and consumer protections applied tremendous incidence in eye infections cosmetics rather than medical devices. to medical devices. related to these lenses. Let me just tell Congressman DEAL referred to it as a In the 108th Congress, our legislation my colleagues about a couple of them. loophole. I consider it a lapse in en- passed the House, but not the Senate. Here is an example of a young gal that forcement. Regardless, this bill is neu- In late July of this year, the legislative was 16 years old. Her boyfriend sup- tral on what went wrong. It just fixes approach that we designed passed the plied her with these colored contact the problem, and that is what we need Senate. It is this legislation that is lenses, did not have any power in them, to do. I would urge all of our colleagues again before the House. so they were not regulated. The patient to join us in supporting the legislation. By passing this bill, we can ensure admitted to sharing the colored con- Mr. Speaker, I yield back the balance the FDA protects consumers from un- tact lenses with her younger brother, of my time. safe contact lenses, we can prevent se- again doing this because she had no Mr. DEAL of Georgia. Mr. Speaker, I rious eye injuries, even blindness, and idea of how you take care of this type have no further requests for time, I we can send a timely message to teen- of situation. urge the adoption of this Senate bill,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00201 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23880 CONGRESSIONAL RECORD—HOUSE October 26, 2005 and I yield back the balance of my ferred to in section 1 shall be deemed to be statement, and the next time you go to time. a reference to the ‘‘Rosa Parks Federal our side, I want my colleagues to hear The SPEAKER pro tempore (Mr. Building’’. from the gentlewoman who is respon- GINGREY). The question is on the mo- The SPEAKER pro tempore. Pursu- sible for this bill, Ms. KILPATRICK, who tion offered by the gentleman from ant to the rule, the gentleman from has indicated she wants me to intro- Georgia (Mr. DEAL) that the House sus- New York (Mr. KUHL) and the gentle- duce it. pend the rules and pass the Senate bill, woman from the District of Columbia I want to thank her for this bill to S. 172. (Ms. NORTON) each will control 20 min- designate the Federal Building, which The question was taken; and (two- utes. is located at 333 Mt. Elliott Street in thirds having voted in favor thereof) The Chair recognizes the gentleman Detroit, Michigan, as the Rosa Parks the rules were suspended and the Sen- from New York (Mr. KUHL). Federal Building, and I want to thank ate bill was passed. GENERAL LEAVE her for really her quite extraordinary A motion to reconsider was laid on Mr. KUHL of New York. Mr. Speaker, diligence in making sure that this bill the table. I ask unanimous consent that all Mem- came to the floor. f bers may have 5 legislative days within I want to say that this bill happens which to revise and extend their re- to come to the floor a few days after REQUESTING THE PRESIDENT TO marks and include extraneous material the death of Rosa Parks, but who is RETURN TO THE HOUSE OF REP- on H.R. 2967. certainly not responsible for the tardi- RESENTATIVES THE ENROLL- The SPEAKER pro tempore. Is there ness of this bill reaching the floor is MENT OF H.R. 3765 objection to the request of the gen- Ms. KILPATRICK. For months she has Mr. KUHL of New York. Mr. Speaker, tleman from New York? been talking to me as the ranking I offer a concurrent resolution (H. Con. There was no objection. member of the subcommittee. For Res. 276) requesting the President to Mr. KUHL of New York. Mr. Speaker, about the same length of time she has return to the House of Representatives I yield myself such time as I may con- been talking with our ranking member the enrollment of H.R. 3765 so that the sume. Mr. OBERSTAR. I am sure nobody on our Clerk of the House may reenroll the Mr. Speaker, H.R. 2967, introduced by committee meant to hold this bill up, bill in accordance with the action of Ms. KILPATRICK of Michigan, designates but the truth is that we very much de- the two Houses, and ask unanimous the Federal building located at 33 Mt. sired for this bill to come to the floor consent for its immediate consider- Elliott Street, Detroit, Michigan, as before Rosa Parks died. We knew she ation in the House. the ‘‘Rosa Parks Federal Building.’’ was elderly. We are very grateful, how- The Clerk read the title of the con- Rosa Parks, who passed away on ever, to the majority for allowing this current resolution. Monday, is most well known for her bill to come forward now in advance of The SPEAKER pro tempore. Is there simple, yet heroic act of defiance. Fifty the funeral so that Ms. KILPATRICK, objection to the request of the gen- years ago she refused to give up her who has carried this bill for so long, tleman from New York? seat on a segregated bus in Mont- can go home to say the Congress has There was no objection. gomery, Alabama. Rosa Parks was ar- approved what I know Members on The Clerk read the concurrent reso- rested, lost her job, and received nu- both sides would very much want to lution, as follows: merous death threats for her actions. approve. H. CON. RES. 276 This simple act inspired further acts of We all know the story of that Decem- Resolved by the House of Representatives (the civil disobedience and earned her the ber evening in 1955 when a 42-year-old Senate concurring), That the President is re- title of ‘‘mother of the civil rights black woman riding a bus in Mont- quested to return to the House of Represent- movement.’’ gomery, Alabama, refused to give up atives the enrollment of H.R. 3765. When the Rosa Parks’ dedication to fight for her seat at the demand of a white male bill is returned by the President, the actions social and economic justice continued passenger. This simple gesture, it was of the presiding officers of the two Houses in well beyond that monumental day in indeed more than a gesture; it was an signing the bill shall be rescinded, and the 1955. As a Secretary for the NAACP, act, and an action that our country Clerk of the House shall reenroll the bill in she helped organize civil rights cases. will never forget, led to the disintegra- accordance with the action of the two Houses. She worked in the antiapartheid move- tion of institutionalized segregation in ment, and established the Rosa and much of the South and ushered in a The concurrent resolution was agreed Raymond Parks Institute for Self-De- new era now known as the civil rights to. velopment in her adopted hometown of era of our country. A motion to reconsider was laid on Detroit, Michigan. She spent the re- Characteristically, Ms. Parks always the table. mainder of her life fighting against all played down her courageous act. Her f forms of discrimination. strength of character and quiet, but de- ROSA PARKS FEDERAL BUILDING In 1999, Rosa Parks was named one of termined sense of justice changed our the 20 most influential and iconic fig- country, however. Montgomery’s seg- Mr. KUHL of New York. Mr. Speaker, ures of the 20th century by Time Maga- regation laws were very complex and I move to suspend the rules and pass zine. She also received numerous deeply humiliating. For example, the bill (H.R. 2967) to designate the awards for her contributions to the blacks were required to pay their fare Federal building located at 333 Mt. El- civil rights movement, including the to the driver and then get off the bus liott Street in Detroit, Michigan, as Presidential Medal of Freedom and and reenter through the rear door. If the ‘‘Rosa Parks Federal Building’’. also the Congressional Gold Medal. the white section was full, blacks were The Clerk read as follows: While Rosa Parks has already re- required to give up their seats alto- H.R. 2967 ceived significant recognition for her gether, no matter what their age, and Be it enacted by the Senate and House of Rep- life’s work, I believe that this is a fit- no matter what their infirmity, and resentatives of the United States of America in ting honor to a woman whose actions move to the back of the bus. Congress assembled, helped change our society for the bet- Rosa Parks was very familiar with SECTION 1. DESIGNATION. ter. I support this legislation, and I en- these humiliations; however, she was a The Federal building located at 333 Mt. El- self-educated, early activist with her liott Street in Detroit, Michigan, shall be courage my colleagues to do the same. known and designated as the ‘‘Rosa Parks Mr. Speaker, I reserve the balance of own local NAACP, her time at the Federal Building’’. my time. Highland School in Tennessee, but SEC. 2. REFERENCES. Ms. NORTON. Mr. Speaker, I yield never particularly intending at that Any reference in a law, map, regulation, myself such time as I may consume. moment to engage in an act of civil document, paper, or other record of the For this side I will be introducing the disobedience. She simply was ready United States to the Federal building re- bill, and after I make an introductory when the moment of humiliation came.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00202 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23881 For her boldness, she was arrested and both all the Republicans and all the grams: first, Pathways to Freedom, a 21-day found guilty of disorderly conduct. Democrats, who signed on as cospon- program that introduces students to the Un- This action led to the famous Mont- sors. It is a glorious occasion. derground Railroad and the civil rights move- gomery bus boycott that lasted over a Before I take my seat, I want to talk ment with a freedom ride across the United year and, ultimately, to the Supreme about the Rosa and Raymond Parks In- States and Canada, tracing the underground Court decision that banned segregation stitute for Self Development, her foun- railroad into civil rights; and second, Learning on the city’s public transportation sys- dation that she has had over 20 years Centers and Senior Citizens, a program that tems, and, Mr. Speaker, therefore, on that again encourages young people, partners young people with senior citizens all public transportation throughout teaches young people, educates them where the young help the senior citizens de- the United States. It is impossible to about the civil rights movement, about velop their computer skills and senior citizens overstate the impact of her act of math, science and all that goes with mentor the young; gentle defiance. that, as well as the struggle for justice HONORS Rosa Parks’ story has now become and all that goes with that. Rosa Parks has been honored for her dedi- legendary in American history. I am I thank the Members of the House of cation and work with such recognitions as: the honored to support this bill. It is a Representatives as we pass this to- NAACP’s Spingarn Medal in 1979; The Martin most fitting way to respect her life and night. The Senate has also acted today. Luther King, Jr., Nonviolent Peace Prize in to acknowledge her lifelong contribu- On December 1, 1955, 50 years ago this 1980; The Presidential Medal of Freedom in tions to equality and justice for all December 1, Mrs. Rosa Parks sat down 1996; and The Congressional Gold Medal in Americans. so that we might stand up. Our country 1999. Time magazine also named Rosa Lou- Mr. Speaker, it is with great pleasure is better for it, and the world is better ise Parks as one of the ‘‘100 most influential that I yield such time as she may con- for Mrs. Rosa Parks. The Rosa Parks people of the 20th century.’’ The Henry Ford sume to the gentlewoman from Michi- Federal Building in Detroit will stand Museum in Michigan bought and exhibited the gan (Ms. KILPATRICK), the sponsor of as a witness to her sacrifice, her self- bus on which she was arrested, and the Rosa this bill, who is responsible for its respect, and her courage. Parks Library and Museum opened in Mont- emergence on the floor today. I would ask all my colleagues to sup- gomery in 2000. port Mrs. Rosa Parks as we soon lay b 1800 LEGACY her to rest in the country that she Ms. KILPATRICK of Michigan. helped to make great. Mrs. Parks passed away on Monday at the Thank you, America, for believing in a H.R. 2967 seeks to honor Mrs. Rosa Parks, age of 92 in Detroit. Rosa Parks’ legacy is a greater country. I want to thank the an iconic figure of the civil rights movement by symbol of hope and inspiration for all. We can gentleman from Minnesota (Mr. OBER- naming the Federal Building at 333 Mt. Elliott all proudly stand on the shoulders of this great STAR), ranking member of our com- Street at E. Jefferson in Detroit, MI, after Rosa giant. mittee, and certainly Chairman YOUNG. Louise Parks. Rosa Parks’ work helped change history. I want to thank the gentlewoman from H.R. 2967 currently has 22 cosponsors in- Her contributions to the civil rights movement the District of Columbia (Ms. NORTON), cluding the entire Michigan delegation. brought this country a step closer to equality. as well as the gentleman from Pennsyl- Rosa Parks was a seamstress and the sec- Her devotion to the civil rights movement and vania (Mr. SHUSTER) and the entire retary of the local NAACP. Mrs. Parks refused the city of Detroit will always be remembered. House of Representatives for bringing to give up her seat on a Montgomery, Al. bus People who make meaningful contributions this bill to the floor at this time. in December 1955. She was arrested and to society should be recognized and honored. Rosa Parks lived in my district for fined for violating a city ordinance. Her defi- Naming the Federal Building at 333 Mt. Elliott almost 50 years. I met her as a young ance began a movement that ended legal seg- Street at E. Jefferson after Mrs. Rosa Parks women of 19 years old, after leaving regation in America and made her an inspira- will remind everyone who drives by or visits Montgomery, Alabama and coming to tion to people everywhere. the building of the contribution she made for Detroit. She lived in my district even The bus incident led to the formation of the civil rights. two nights ago when she passed, and I Montgomery Improvement Association. The The life of Rosa Parks shows that one per- was honored when the family called me association called for a boycott against the son can make a difference. and asked me to come with them the city-owned bus company. Black people city- QUOTES FROM ROSA PARKS night of her death. wide boycotted the bus system for more than Memories of our lives, of our works and our The building that we are naming in a year. As a result of the boycott and the ac- deeds will continue in others honor of Mrs. Rosa Parks is the Fed- tions of Rosa Parks, the Supreme Court even- I would like to be known as a person who eral building in Detroit that houses our tually outlawed racial segregation on public is concerned about freedom and equality and Immigration and Homeland Security transportation. justice and prosperity for all people. Department. It will soon be called the December 1, 2005 marks the 50th anniver- Mr. KUHL of New York. Mr. Speaker, Rosa Parks Federal Building. What a sary of Mrs. Rosa Parks’s arrest for refusing I reserve the balance of my time. tribute to a young woman who dedi- to give up her seat on the bus in Montgomery, Ms. NORTON. Mr. Speaker, I yield 4 cated her life, her very soul, her self-re- Al. minutes to the gentleman from Min- spect to building a better, stronger It is the courage, dignity, and determination nesota (Mr. OBERSTAR), the ranking America for all of its people. that Mrs. Parks exemplified that allow most member who worked so hard on behalf Mrs. Parks was one who did not like historians to credit her with beginning the of this bill. a lot of fanfare. She did what she had modern day civil rights movement. Mr. OBERSTAR. Mr. Speaker, I to do, and she spent her life working In 1957, Mrs. Parks and her husband Ray- thank the gentlewoman from the Dis- with the youth of America, letting mond moved to Detroit. trict of Columbia (Ms. NORTON) for them know that they can be and do She continued her seamstress career and yielding, and I join in her commenda- what they want to be and do, that with later served on the staff of Congressman John tion and great appreciation to the gen- the spirit of God they can be that Conyers in various administrative jobs for 23 tlewoman from Michigan (Ms. KIL- power that we must have in our coun- years and retired in 1988 at the age of 75. PATRICK) for championing this legisla- try. It was young people that she dedi- After the death of her husband, she founded tion over so many weeks and months. I cated her life to. the Rosa and Raymond Parks Institute for Self join in their regret that we could not As we name this building the Rosa Development. The Institute sponsors leader- have done this in time for Rosa Parks Parks Federal Building on a very busy ship programs for youth, including an annual to know that the Nation had recog- thoroughfare in the city of Detroit summer program for teenagers called Path- nized her service to equality by naming that goes east and west through many ways to Freedom. a Federal courthouse, a Federal build- communities, it is with honor that I The Rosa and Raymond Parks Institute for ing, in her honor. stand here as a sponsor. I want to Self Development offers educational programs A headline in The Washington Post thank our entire Michigan delegation, for young people including two signature pro- today summed it up, in words that Ms.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00203 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23882 CONGRESSIONAL RECORD—HOUSE October 26, 2005 KILPATRICK used herself, summed up give up their seats so that a single white man for all people, it still had not come the contribution of Rosa Parks: she sat could sit. Three of the riders complied. Mrs. through to fruition. down and we stood up. America did Parks remained seated. My heart hurt tonight when you stand up, proud and tall, after this act It is important to keep in mind that what is passed the legislation that would deny of righteousness in defiance of a hate- often remembered as a quiet act of civil dis- not-for-profits the right to register ful symbol of division in America, seg- obedience took tremendous personal courage. voters. That was the most insidious in- regation on America’s buses. Blacks at that time had been arrested, and clusion in the housing bill that I have The discussion that the gentlewoman even beaten or killed, for refusing to follow the ever seen in all the week that we cele- from the District of Columbia had on orders of bus drivers. Rosa Parks was ar- brate the life of Rosa Parks, who the NewsHour just last night, with the rested, jailed, and fined $14. strove hard for voting rights and vot- Reverend Joseph Lowery of the South- As Mrs. Parks herself has said in the years ing registration, that we would take it ern Christian Leadership Council, re- following that pivotal moment, she hadn’t away from them, especially during this calling their association with Rosa planned on taking a stand that day. She time of year. Parks, and their great respect for this hadn’t planned on becoming the face of the in- Rosa Parks is very near and dear to woman, told of the humility and sim- justices of segregation. She had simply had me. She represents what many of our plicity but steadfastness of this ex- enough. She was tired of being treated like a beautiful people of color represent in traordinary woman. second-class citizen. She had had enough. the United States of America. I would I recall it rightly, and the gentle- Mrs. Parks’ act of courage sparked the civil hope that if we are sincere about recog- woman from the District of Columbia rights movement. A boycott of the public nizing the life and the work of a will verify, it was Reverend Lowery buses was organized for Monday, December woman who lived not just because, but who told the story of Rosa Parks mak- 5, the day of Mrs. Parks’ trial. The Reverend lived for a cause, one of which was ing a wedding gift to his daughter, a Martin Luther King, Jr., then a young preacher voter registration and voting opportu- check, then of a considerable amount, who was only 26 years old, organized the boy- nities for all people, that we would $25. Three years later, Reverend Low- cott. The boycott lasted 381 days, ending only withdraw that insidious part of that ery’s daughter met Rosa Parks, who after the Supreme Court outlawed segregation bill that denies not-for-profits to reg- said to her, why did you not cash my on buses. It captured the attention of the Na- ister voters in a nonprofit, nonpartisan check? You have messed up my action and forced people to confront the inequal- way to enable them to be able to vote counting. The daughter replied, oh, I ities that were then commonplace. The civil in elections. would never cash that check. I framed rights movement ultimately led to the passage it. This is a treasure. She said no, of the landmark Civil Rights Act of 1964, That is so important. We do it for young lady, you cash that check. which banned racial discrimination in public places across the waters, and there is She did not want to be acknowledged accommodations, and the Voting Rights Act of no better way that we can salute Mrs. and recognized and bowed to as an 1965. Parks than to allow free and open reg- icon, which she certainly is. She con- Rosa Parks is an American icon. By refus- istration for people in the United tinued a very simple, direct life-style. ing to give up her seat on that Montgomery States of America. I would encourage That is the kind of person that we bus, she changed the course of history. This that we do that. I thank the Delegate should respect and honor. It is hard for honor is long overdue. from the District of Columbia for al- many of us in northern tier States who Mr. Speaker, Rosa Parks died on Monday. lowing me the opportunity to take a have not experience firsthand the pain She was 92. I’m only sorry that we could not little part of this celebration of a Fed- of segregation, to understand not only have passed this bill while Mrs. Parks was still eral building in Detroit to express my the symbolic significance, but the real alive. Although she suffered from dementia in sentiments and respect for a woman courage it took to do this, to stand her later years, I believe that she would have that I loved dearly and appreciate the against this kind of discrimination. understood and appreciated such recognition long life that God granted to her. I did not understand it fully until I from the United States Congress. Today we pause to honor the life and leg- traveled to New Orleans with my wife, The strength and presence of a Federal acy of Mrs. Rosa Parks, the Mother of Amer- who is from New Orleans, rode on the building perfectly captures the character and ica’s Civil Rights Movement. St. Charles street car line, the oldest personality of this icon of the civil rights move- It was on a bitterly cold day in December public transit system in America. She ment. It is fitting and just that her life and pub- 1955 when an unknown seamstress in Mont- showed me the place on the street cars lic accomplishments are acknowledged with gomery, Alabama forever changed the course where the sign was placed, ‘‘no colored this designation. of American history. In the face of vicious rac- ahead of this line.’’ No colored ahead of I strongly support H.R. 2967 and urge its ism and entrenched segregation, Rosa Parks this line. The holder is still in place. passage. was arrested for refusing to give up her bus She told me how appalled she was as Ms. NORTON. Mr. Speaker, I yield 3 seat to a white passenger. a child to see white people come and minutes to the gentlewoman from Indi- Her quiet courage inspired a 381-day bus move that device just a little further ana (Ms. CARSON). back so there could be more room for Ms. CARSON. Mr. Speaker, my heart- boycott that brought the issue of legal seg- white people, how hateful it was. That felt congratulation to the Delegate regation into the national consciousness and no longer exists. But this vestige of the from the District of Columbia. I rise to launched the beginning of the modern civil past remains, hopefully as a reminder pay homage to the honorable Rosa rights movement in America. to us that it should never occur again Parks, a woman who I honored in this Today, her simple act of defiance continues in America. Chamber when I first came to Congress to symbolize the power of non-violent protest. Mr. Speaker, I rise in strong support of H.R. with a resolution creating the Congres- Rosa Parks’ actions on that bus a half-cen- 2967, a bill to designate the Federal building sional Gold Medal for Mrs. Rosa Parks tury ago marked only the beginning of what located at 333 Mt. Elliott Street, in Detroit, and a big ceremony that was held in became a lifelong fight for equal rights. Along Michigan, as the ‘‘Rosa Parks Federal Build- the rotunda. with her husband Raymond, she was an ac- ing.’’ Throughout that ceremony, she re- tive member of the NAACP, serving first as Rosa Parks is known as the ‘‘mother of the tained a great deal of humility and ap- secretary and later as adviser to the NAACP civil rights movement.’’ With one single act of preciation and said to me, I do not de- youth council. For over 20 years she faithfully defiance—when she refused to give up her serve this medal for myself, but I deserved the people of Detroit on the staff of my seat on the Cleveland Avenue bus in Mont- serve it as it is necessary for all the colleague, Congressman JOHN CONYERS. In gomery, Alabama—she galvanized a Nation people of the United States to under- 1987 she established a training school for De- and changed the course of history. On De- stand the struggle, the fact that while troit teenagers known as the Rosa and Ray- cember 1, 1955, Mrs. Parks was sitting in the I sat there, it brought attention to the mond Parks Institute for Self-Development. middle rows of the bus with three other black United States that even though we had The Institute is noted for developing a special riders. The bus driver demanded that all four written years ago, liberty and justice program for young people age 11–18 called

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00204 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23883 Pathways to Freedom. Children in the pro- but she asked for her pastor, Martin the bus driver would not take my bag gram travel across the country tracing the Un- Luther King, a pastor of the Dexter Av- and put it on the bus. And I said, Sir, derground Railroad, visiting the scenes of crit- enue Baptist Church. It symbolized the this bus ain’t going nowhere unless you ical events in the civil rights movement, tracing kind of woman that she was. But it put my bag on. And an older woman on their heritage, and learning aspects of Amer- also symbolized the passion that she the bus said, Girl, you better get on ica’s history. had for civil rights and freedom in the this bus and sit down. It is a long ride Five years ago I had the privilege of intro- NAACP and the fact that she wanted to between Clinton, Alabama, and Bir- ducing legislation that authorized President create a movement, and a movement mingham. Clinton to award Rosa Parks the Congres- she created. But it was not just a There are few in history of this coun- sional Gold Medal of Honor. Standing in the movement. It was a thunderous sound try that had the courage to stand up to Capitol Rotunda as such an extraordinary across America that stood up and said the adversity with the dignity and woman received the Nation’s highest civilian no to the divisiveness and the horrific- strength of Rosa Parks. Her brave ac- award was one of my greatest honors as a ness of segregation and told America tion in 1955 began a movement that Member of Congress, and as an American. In once and for all, as the only way that would change the face of the Nation. keeping with her humble manner and unerring a seamstress with a mild manner could Oftentimes history has said that her devotion to justice, Mrs. Parks used the occa- say, but like a mother, she said, you reason for refusing to get up was be- sion to call on the Nation’s youth to continue will not do this. You have been naugh- cause her feet hurt. The truth is she her struggle until all people have equal rights. ty, and now is the time to stop. was tired, tired of enduring injustices Rosa Parks was an American hero. While For that I will be ever grateful, for I and tired of being a second class cit- we honor her life here in Congress today, may would not have been a graduate of an izen. And as Fannie Lou Hamer said, we honor her legacy by always remembering institution that I went to that was a ‘‘Sick and tired of being sick and that justice is a right we must never take for majority institution. I would not have tired.’’ So she decided to make a dif- granted. been able to go to law school had it not ference. Ms. NORTON. Mr. Speaker, I yield 3 been for the courage of Rosa Parks, Rosa Parks’ legacy of courage in the minutes to the gentlewoman from would not have been able to come out struggle for justice for African Ameri- Texas (Ms. JACKSON-LEE). of the place where I lived, seen a great- cans in this country will be an inspira- Ms. JACKSON-LEE of Texas. Mr. er day and a better opportunity, be- tion for generations to come. I offer my Speaker, all of us would like to claim a cause we had, at that time, no sincere condolences to her family and personal relationship with Rosa Parks. thoughts of rising to the level of where friends at this time. I thank the gentlewoman from Michi- we are today. Mr. Speaker, I rise today in celebration of gan (Ms. KILPATRICK) for her leadership So, Rosa Parks, may you rest in the life of a great heroine of the Civil Rights on the naming of this building, the peace. We thank you for in that simple Movement, Rosa Parks. A woman who dared timing and the ability for the legisla- manner, quiet demeanor, but yet cou- to make a difference. tion to make its way to the floor at rageous stand, a big heart, a loving As a child I traveled to Alabama and experi- this time to allow us to share our heart, be able to set the tone. enced the segregated South. I rode in the thoughts. I thank the gentleman from As I close, let me join by saying, let back of the bus, I used the colored restroom Minnesota (Mr. OBERSTAR) for his guid- us recommit ourselves to be a country and I went into the back doors. ing hand, and certainly the gentle- that believes in one person, one vote, I remember riding the bus between Clanton woman from the District of Columbia no barriers or obstructions to voting. and Birmingham and the bus driver refused to (Ms. NORTON) as well, not only for her No long lines, no bad balloting, no mis- put my bag on. I told him the bus wasn’t going leadership, but also for the knowledge counts. No false registration. Let us do anywhere until he put my bag on. An older that she gives to this issue. that in the name of Rosa Parks, and woman said: ‘‘Girl get on this bus, it’s a long I started by saying that we all would may she rest in peace. ride between Clanton and Birmingham.’’ have liked to have had a personal rela- b 1815 Thank God for Rosa Parks. tionship, but at least we can say that There are few in the history of this country Mr. LANTOS. Mr. Speaker, I ask we had the opportunity to meet Rosa who have had the courage to stand up to ad- unanimous consent that time for de- Parks. As we met her, we stood in awe versity with the dignity and strength of Rosa bate be extended for an additional 10 as we have heard the words on the floor Parks. Her brave action in 1955, refusing to minutes to be equally divided between tonight, because, in fact, although she give up her seat on a Montgomery, Alabama both sides. This is a very important was a humble spirit, she was and con- bus to a white man, began a movement that matter for the entire Nation. We are tinues to be larger than life. As we pro- would change the face of this Nation forever. honoring a heroine, a treasure. ceed to mourn her this weekend and The SPEAKER pro tempore (Mr. Oftentimes history has said that her reason through the coming months and weeks, for refusing to give up her seat was because POE). Is there objection to the request there will be opportunities to name of the gentleman from California? her feet hurt, but that was not the case. The stamps after her and to seek ways of There was no objection. truth is, she was tired. Tired of enduring the measuring the contributions that she Ms. NORTON. Mr. Speaker, I yield 2 injustices of the segregated South. Tired of made to America. minutes to the gentlewoman from Ohio being treated as a second-class citizen or as I ask my colleagues on both sides of (Mrs. JONES). Fannie Lou Hamer would say, ‘‘sick and tired the aisle to join us in the celebration. Mrs. JONES of Ohio. Mr. Speaker, I of being sick and tired.’’ So she decided to Let us not diminish the celebration of would like to thank the other side for make a difference that day in Alabama. Rosa Parks and the role that she agreeing to the unanimous consent, Rosa Parks’ legacy of courage in the strug- played in American history by any of and I would like to thank my col- gle for justice for African Americans in this the partisan politics that may take leagues for giving me this opportunity. country will be an inspiration for generations to place. We are doing too much. Is this Mr. Speaker, I rise today in celebra- come. I offer my sincere condolences to her not enough? Because as the story is tion of the life of a great heroine of the family and friends during this time. told, as we have already evidenced, she civil rights movement, Rosa Parks, a Ms. NORTON. Mr. Speaker, I yield 2 described herself as a simple seam- woman who dared to make a difference. minutes to the gentleman from Cali- stress. We realize that when she did sit As a child I traveled to Alabama. My fornia (Mr. LANTOS). down on that bus and she was arrested, mother was from Chilton County. I ex- Mr. LANTOS. Mr. Speaker, I view there was no raising of the voice. There perienced the segregated South. I rode American history as a long process of was a calmness. in the back of the bus. I used a colored closing the hypocrisy gap. When we She simply told the bus driver she restroom, and I went in the back doors. first heard the words ‘‘all men are cre- was not moving. I think the interesting Thank God for Rosa Parks. ated equal,’’ they certainly were not thing for those of us who are trained as I remember one day getting on a bus equal, and women were not even men- lawyers, she did not ask for her lawyer, between Clinton and Birmingham, and tioned. And many of the people in that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00205 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23884 CONGRESSIONAL RECORD—HOUSE October 26, 2005 great generation of the Founding Fa- Mr. Speaker, I want to thank the CONGRATULATING THE STATE OF thers themselves owned slaves. gentleman from California (Mr. ROHR- ISRAEL ON THE ELECTION OF This long and painful process of clos- ABACHER) for the graciousness of his re- AMBASSADOR DAN GILLERMAN ing the hypocrisy gap has been closed marks. I want to thank the gentle- AS VICE-PRESIDENT OF THE to a large extent because of the cour- woman from Michigan (Ms. KIL- 60TH UNITED NATIONS GENERAL age, the determination, the persever- PATRICK) for her great diligence in ASSEMBLY ance of giants like the one we are hon- making sure that this bill would be in- Mr. CHABOT. Mr. Speaker, I move to oring today. troduced and come forward now. Rosa Parks is a national treasure. suspend the rules and agree to the reso- She has reeducated all of us in the I want to say in closing that we are lution (H. Res. 368) congratulating the value that we, in fact, are all created accustomed to revolutions being made State of Israel on the election of Am- equal, men and women, people of all by armies. We must appreciate what it bassador Dan Gillerman as Vice-Presi- faiths, people of all pigmentation. This meant for the opening shot, as it were, dent of the 60th United Nations Gen- is a message that needs to be sent over of the civil rights movement to have eral Assembly. and over again, and I am proud that come from a gentlewoman who simply The Clerk read as follows: this House this evening again reminds sat in her seat. After 400 years of slav- H. RES. 368 all of us that the hypocrisy gap is not ery and discrimination, it might have yet fully closed. We still have some dis- Whereas the 60th General Assembly of the been a bomb. It was instead an act United Nations will be held in New York tance to go. But Rosa Parks is among which set the pattern of nonviolent re- City from September through December 2005; those giants who closed that gap in sistance for the entire civil rights Whereas the United Nations General As- large measure, and for that we are movement. sembly is presided over by a President and 21 eternally grateful. Vice-Presidents, who are nominated by the Mr. KUHL of New York. Mr. Speaker, Please understand that Rosa Parks General Assembly’s five regional groupings; I yield 2 minutes to the gentleman acted at great personal risk to herself. Whereas prior to 2000, Israel was the only from California (Mr. ROHRABACHER). We may forget what life was like in the member of the United Nations to be excluded Mr. ROHRABACHER. Mr. Speaker, I 1950s. We all know this, that black men from a United Nations regional grouping; rise in support of this motion. I think Whereas this exclusion was the result of had been lynched for less, and yet she the refusal by Arab states to permit Israel to it is important for conservatives and stood there not knowing what would join the Asian group; Republicans to speak up at this mo- happen after she was arrested. Whereas this exclusion prevented Israel ment because they did not speak up The remarks of the gentleman from from serving as the President of the United back in the 1950s when they should Nations General Assembly, or as a member have. I think that this is a fitting mo- California reminds us what she has of any bureau in the General Assembly and ment for this conservative to offer his done for our country, that essentially its main committees; apology to all those who were active she has united our country with one Whereas in 2000, Israel was accepted as a with Rosa Parks in the civil rights message for all time, and that message temporary member of the Western European does not know partisan lines. What she and Others Group (WEOG), which includes movement for not being as supportive Canada, the United States, Australia, and as I should have been as well as other and the nonviolent revolution that she New Zealand, in addition to the countries of conservatives who I know. made that saved our country had done Western Europe, and its temporary member- At that time many conservatives is to bring Republicans and Democrats ship was extended in 2004; were blinded by the stupidity of the ar- to the same spot, to the understanding Whereas on April 21, 2005, the Western Eu- guments presented to us called ‘‘States that equality under law is a basic rope and Others Group nominated Israel as a rights,’’ which was a bunch of baloney, American principle. We could celebrate candidate for Vice-President of the 60th and we know that now. We know that United Nations General Assembly; that principle no better than by hon- Whereas on June 13, 2005, the 191 member the people who really were offering oring the woman who set off the revo- United Nations General Assembly elected that argument, many of them had evil lution with her gentle act, Rosa Parks. Ambassador Dan Gillerman, Israel’s Perma- hearts and sinful hearts, and that they I thank my good friends from the nent Representative to the United Nations, hate their fellow human beings and as one of 21 Vice-Presidents of the 60th Gen- were trying to just oppose the efforts other side for bringing this bill for- eral Assembly; to perfect our country and to make it ward. Whereas Israeli Ambassador Gillerman what our Founding Fathers and Moth- Mr. Speaker, I yield back the balance called the election ‘‘a historic moment for ers dreamed it would be, a land of lib- Israel’’, which had last served as United Na- of my time. tions General Assembly Vice-President in erty and justice for all. Mr. KUHL of New York. Mr. Speaker, 1952; Rosa Parks and the other activists in I thank the gentlewoman from the Dis- Whereas Ambassador Gillerman also said the civil rights movement at that time that the election confirms that Israel is ‘‘be- trict of Columbia (Ms. NORTON) for her were doing their part to try to make coming a more active and normal member of our country better, to try to live up to comments and the comments of all of the [United Nations]’’; and its ideals. So as we name this Federal our colleagues tonight on both sides of Whereas United Nations Secretary-General building, as we talk about this tonight the aisle. Kofi Annan welcomed Israel’s election to the and honor this great lady, I think it is I continue to support this bill, as I Vice-Presidency of the General Assembly: Now, therefore, be it fitting for those Republican conserv- know everybody in this Chamber does. atives to realize we did not do what Resolved, That the House of Representa- Mr. Speaker, I yield back the balance was right back then. We recognize it, tives— of my time. (1) congratulates Ambassador Dan Giller- and we will make sure to do what is man, Israel’s Permanent Representative to right in the future. The SPEAKER pro tempore. The the United Nations, and the Government and I thank the people who have spoken question is on the motion offered by people of the State of Israel on Israel’s elec- today. I thank the gentleman from the gentleman from New York (Mr. tion as Vice-President of the 60th General California (Mr. LANTOS) for reminding KUHL) that the House suspend the rules Assembly of the United Nations; us of what hypocrisy really was, and and pass the bill, H.R. 2967. (2) welcomes the nomination by the West- ern European and Others Group (WEOG) of that we really should not be hypocrites The question was taken; and (two- in our lives, and we should speak out Israel for the position of Vice-President of thirds having voted in favor thereof) strongly for wonderful people who gave the 60th United Nations General Assembly; the rules were suspended and the bill (3) welcomes the election by the United their lives trying to make this country was passed. Nations General Assembly of Israel as Vice- a better place. President of the 60th General Assembly; Ms. NORTON. Mr. Speaker, I yield A motion to reconsider was laid on (4) supports continued expansion of Israel’s myself such time as I may consume. the table. role at the United Nations;

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00206 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23885 (5) notes with concern that Israel remains Assembly as a candidate of the Western This resolution is also important be- the object of extreme vilification by many European and Others Group. cause it recognizes that despite this members of the United Nations; This resolution congratulates Israel important development, Israel is still (6) further notes that Israel remains ex- for having achieved this landmark and routinely vilified and singled out for cluded from the Asian regional grouping calls for further efforts and further re- within the organization; and political attack at the United Nations. (7) calls upon United Nations Secretary- sults in the effort to end Israel’s isola- Our measure calls on U.N. Secretary General Kofi Annan to work to end the vili- tion. General Kofi Annan to work to end the fication of Israel at the United Nations and Mr. Speaker, I appreciate the efforts continued attacks on Israel at the U.N. to use his good offices to support Israel’s bid of the gentleman from California (Mr. In fact, the timing of this resolution to join the Asian regional grouping. SCHIFF) and also the distinguished gen- could not be more auspicious. The SPEAKER pro tempore. Pursu- tleman from California (Mr. LANTOS), The recently concluded U.N. summit ant to the rule, the gentleman from who have worked diligently, very hard provided Secretary General Kofi Annan Ohio (Mr. CHABOT) and the gentleman on this, and they have helped in with the authority to review all man- from California (Mr. LANTOS) each will crafting this resolution for the House. dates and programs at the U.N. This re- control 20 minutes. I also very much appreciate the as- view will finally provide Kofi Annan The Chair recognizes the gentleman sistance of the chairman of the com- with the opportunity to recommend to from Ohio (Mr. CHABOT). mittee, the gentleman from Illinois the General Assembly that they dis- (Mr. HYDE), as well as the many others GENERAL LEAVE solve several long-standing prepos- in this House who have worked on this Mr. CHABOT. Mr. Speaker, I ask terous committees within the Secre- resolution, and the House leadership as unanimous consent that all Members tariat that are allocated millions of well for their assistance in arranging may have 5 legislative days within dollars on an annual basis for the sole for consideration of this resolution. purpose of pursuing one-sided, vicious which to revise and extend their re- It is about time that Israel be treated marks and include extraneous material propaganda aimed at Israel. with the respect that it is due. Mr. Speaker, today we celebrate the on H. Res. 368. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there election of a top Israeli diplomat to a my time. position of responsibility at the United objection to the request of the gen- Mr. LANTOS. Mr. Speaker, I yield tleman from Ohio? Nations. At the same time, we hope myself such time as I may consume. that Ambassador Gillerman’s election There was no objection. Mr. Speaker, I rise in strong support Mr. CHABOT. Mr. Speaker, I yield is a harbinger of things to come and of this resolution. Mr. Speaker, first I that the single-minded persecution of myself such time as I may consume. want to thank my good friend from Mr. Speaker, it is sometimes said the State of Israel at the United Na- Ohio (Mr. CHABOT) for his powerful and tions will cease from now on. that there are three classes of members eloquent statement. I want to thank of the United Nations, permanent I urge all of my colleagues to support the chairman of the Committee on this bill. members of the Security Council, International Relations, the gentleman Mr. Speaker, I yield such time as he countries eligible to become nonperma- from Illinois (Mr. HYDE), for working may consume to the gentleman from nent members of the Security Council, on this resolution and bringing it to California (Mr. SCHIFF), the distin- and countries ineligible to become non- the floor. But I particularly want to guished author of this legislation. permanent members of the Security applaud our colleague, a distinguished Mr. SCHIFF. Mr. Speaker, I thank Council. member of the Committee on Inter- the gentleman for yielding me time There is only one country in that national Relations, the gentleman and for his strong support of this reso- third category, and that is, of course, form California (Mr. SCHIFF), for draw- lution and all of his leadership on the the State of Israel. Israel has been the ing attention to this very positive de- Committee on International Relations. victim of an unfortunate impulse, rath- velopment at the United Nations in I feel deeply fortunate to have the er widespread within the U.N., to iso- New York. chance to serve with the gentleman late it, indeed to delegitimize it, that Mr. Speaker, for the first time in from California (Mr. LANTOS). dates almost from Israel’s independ- over a half a century at the U.N., the Mr. Speaker, on November 29, 1947, ence. Democratic State of Israel, which has the United Nations General Assembly As Israel has been until recently for decades been the only member state voted 33 to 13, with 10 abstentions, to completely excluded from the regional to be excluded from U.N. leadership po- partition Palestine into two States, group system, it has been effectively sitions because it has been shut out of one Arab and the other Jewish. With unable to advance its candidacy for its regional grouping as an act of bla- this historic vote, the U.N. assisted many of the posts that it should by tant discrimination, has now been with the birth of the modern State of right be able to aspire to. Indeed, Israel elected to a significant United Nations Israel, which proclaimed its independ- has much to contribute to the U.N. and post. I am delighted to report that last ence the following May when Britain to the world. It has achieved much in month Israel’s distinguished Ambas- withdrew its forces from the region. science, technology and social and eco- sador Dan Gillerman, my good friend, For millions of Jews around the nomic development. It has famously became the Vice President of the Gen- world, the partition vote and Israel’s ‘‘made the desert bloom.’’ eral Assembly. Ambassador Gillerman joining the United Nations in 1949 held This phenomenon of isolating and has served as Israel’s Permanent Rep- forth the promise that the new country vilifying Israel has called forth a re- resentative at the U.N. for nearly 3 would be embraced by the inter- sponse in some quarters of the inter- years. national community and that the hor- national community and most clearly ror of the Holocaust would give way to in the United States. The Congress and b 1830 a new era of acceptance for the Jewish the American administrations of both Previously, he made his mark as one people and their national aspirations. parties have worked effectively with of Israel’s top business leaders. Elec- These hopes were quickly dashed, Israel to end its isolation. tion of Ambassador Gillerman is a re- however, through the concerted efforts This effort has required some heavy sult of congressional and United States of the Arab members of the United Na- lifting at times, but the efforts have Government pressure on our allies in tions who denied Israel’s right to exist. begun to bear fruit. It is especially the Western European grouping to fi- Israel’s role in the world body became gratifying that one result of these ef- nally accept Israel as a full-fledged a Cold War sideshow; and for 5 decades, forts has been that Ambassador Dan member to make up for the fact that the combined efforts of the Arab Gillerman, the Israeli Permanent Rep- Israel is denied its rightful seat in the States, the Soviet bloc, and the coun- resentative to the United Nations, has Asian grouping by prejudiced members tries of the nonaligned movement pre- been elected as one of the Vice Presi- of the Organization of the Islamic Con- vented Israel from participating as a dents of the United Nations General ference. full member of the United Nations.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00207 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23886 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Happily, albeit slowly, Israel’s for- concern that Israel remains the object membership in regional groupings and con- tunes are beginning to change; and on of extreme vilification at the U.N. Fi- stantly attacked by a bloc of Arab states and behalf of the gentleman from Ohio (Mr. nally, it calls upon Secretary General their supporters. CHABOT) and 79 of our colleagues, we Kofi Annan to work to end the vilifica- From the time he assumed his post as bring this measure to the floor, and we tion of Israel and to work to gain Israel’s Representative to the United Nation in hope that it will highlight the progress Israel’s admittance to the Asian re- January 2003, Mr. Gillerman has been a that has been made to date and presage gional grouping. strong advocate of reforms at the UN that will a new chapter in the relationship of Throughout the last year, the Con- give Israel more rights and will reform many of Israel and the United Nations. gress has discussed ways to reform the the wasteful and corrupt UN programs. In For the past 5 weeks, the U.N. Gen- United Nations, to make it less corrupt September 2005, Mr. Gillerman submitted eral Assembly has been meeting in New and more responsive to the needs of a Israel’s first-ever candidacy for the Security York. As in past years, the president of changing world. Many Members, myself Council, and Israel also recently proposed its the General Assembly has been assisted included, have voiced consternation at first UN resolution. by 27 vice presidents chosen by re- Israel’s marginalization at the U.N. as Mr. Gillerman has also supported ending gional groupings at the United Na- evidence of the U.N.’s failure to live up four UN committees established specifically to tions. This year, however, is slightly to its founding principles. aid Palestinians. The Committee on the Exer- different because one of the vice presi- Israel’s vice presidency, along with cise of the Inalienable Rights of the Pales- dents is Israel’s permanent representa- other steps, some initiated by Israel tinian People, the Division for Palestinian tive to the U.N., Ambassador Dan and others facilitated by Secretary Rights, the Special Information Program on Gillerman. General Annan, have initiated a thaw the Question of Palestine and the Special Ambassador Gillerman’s election is in the relationship between Israel and Committee to Investigate Israel Practices are historic. On September 20, he became the world body. Much more remains to all biased committees that have long outlived the first Israeli to preside over the be done; but Israelis, their friends here their intended purposes and have added to General Assembly since the legendary in America, and true friends of the the waste and anti-Israeli sentiments at the Abba Eban served as General Assembly U.N. can take satisfaction in Israel’s UN. vice president in 1953. Throughout role at this fall’s General Assembly. In June 2005, Ambassador Gillerman was most of the intervening 5 decades, the I would like to thank, again, the gen- elected to serve as the Vice-President of the State of Israel has been the subject of tleman from Ohio (Mr. CHABOT) for all General Assembly of the United Nations. He is unrelenting, and oftentimes grotesque, of his work on the resolution. I am the first Israeli representative to serve as Vice- criticism at the United Nations. very grateful to the gentleman from Il- President of the General Assembly in the past Because of opposition from its Arab linois (Mr. HYDE) and to the gentleman 53 years, since Abba Eban who served in this neighbors, Israel has been blocked from from California (Mr. LANTOS) for their position in 1952. joining the Asian regional grouping at strong support. This is truly something I congratulate Mr. Gillerman on his election the United Nations; and until 2000, worth celebrating, and I urge my col- as Vice-President of the 60th General Assem- Israel was the only member of the U.N. leagues to join in support of the resolu- bly of the United Nations and urge my col- to be excluded from joining any re- tion. leagues to join me in supporting House Reso- gional grouping. Under the U.N. struc- Mr. CARNAHAN. Mr. Speaker, I rise in sup- lution 368. ture, membership in a regional group is port of this resolution today to commend the Ms. SCHAKOWSKY. Mr. Speaker, I rise a prerequisite to service as president or great State of Israel on being selected as the today in support of House Resolution 368, vice president of the General Assembly, Vice President of the 60th UN General As- congratulating the State of Israel on the elec- as well as membership in a host of sembly. tion of Ambassador Dan Gillerman as Vice other U.N. bodies. When Israel became a vice president last President of the 60th United Nations General In 2000, Israel was accepted as a tem- month, the significance of Israel’s first selec- Assembly. I am proud to be a cosponsor of porary member of the Western Europe tion to the vice-presidency in 53 years was this important resolution. and Others group, which removed the noted by all. In June 2005, Ambassador Gillerman was bar to further Israeli participation at It Is a reflection of each nominating coun- elected to serve as the Vice President of the the U.N. Israel’s membership was re- try’s confidence in Israel’s commitment to General Assembly of the United Nations. In- newed in 2004. peace in the Middle East, and a reflection of credibly, Ambassador Gillerman is the first In March of this year, the Western Israel’s continued relation building with Muslim Israeli to serve as Vice President of the Gen- European group, which includes West- states throughout the region. eral Assembly in the past 53 years. The last ern European countries, the U.S., Can- When I traveled to Israel this past August, Israeli to hold this prestigious post was the ada and New Zealand and Australia, I was able to witness first-hand Israel’s true legendary Abba Eban, who served as Vice nominated Israel for the post of vice dedication to achieving peace through a two President in 1952. Ambassador Gillerman is president for the historic 60th General state solution with the Palestinians. bringing years of notable experience to this Assembly that is ongoing in New York. I believe that Israel’s selection to the vice- international body which historically has not The Israeli vice presidency is a small, presidency is a true testament to Israel’s con- been supportive of the State of Israel. but important, step towards better re- tinued growth as a key country in the world’s Ambassador Gillerman has played a promi- lations between the U.N. and Israel; march towards peace. nent role in helping to steer Israel towards and the Israeli Government and people Once again, I congratulate Israel on its se- economic liberalization and a free market are excited about the role their nation lection and current service as a vice president economy. He has served on the Prime Min- is playing in New York this fall. Am- and look forward to the future as Israel con- ister’s National Economic and Social Council, bassador Gillerman called the election tinues to be a central figure at the United Na- the President’s Committee of the Coordinating ‘‘a historic moment for Israel’’ and said tions. Council of Israel’s Economic Organizations, that it signaled that Israel is becoming Mr. GENE GREEN of Texas. Mr. Speaker, and as Chairman of the Israel-British Business a more active and normal member of I want to offer my full support for this resolu- Council, as well as being a member of the ex- the U.N. tion to congratulate Ambassador Dan ecutive board of the International Chamber of Our resolution congratulates Ambas- Gillerman, Israel’s Permanent Representative Commerce. sador Gillerman and Israel on the his- to the United Nations, and the government Most importantly, Ambassador Gillerman toric occasion of Israel’s vice presi- and people of Israel on Israel’s election as has been personally involved in the economic dency. It welcomes the Western Europe Vice-president of the 60th General Assembly aspects of the Israeli/Palestinian peace proc- and Others group, and it welcomes the of the United Nations. ess. He has honorably represented Israel dur- General Assembly’s election of Israel Since joining the United Nations on May 11, ing talks with Palestinian and Arab leaders try- as a vice president. It supports the con- 1949, Israel has been singled out time and ing to further economic cooperation within the tinued expansion of Israel’s role at the again for disproportionate criticism, underrep- region. I hope that his appointment at the U.N. It notes the House’s continued resented on important committees, denied full United Nations will lead to further progress on

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00208 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23887 a final peace settlement between Israel and That not to exceed $11,000 of this amount shall thority from the Administrator of General Serv- Palestine. be available for official reception and represen- ices to the Department of Agriculture under 40 I urge my colleagues to join me in congratu- tation expenses, not otherwise provided for, as U.S.C. 486, for programs and activities of the lating Ambassador Gillerman and the State of determined by the Secretary. Department which are included in this Act, and EXECUTIVE OPERATIONS for alterations and other actions needed for the Israel on this historic occasion. Department and its agencies to consolidate CHIEF ECONOMIST Mr. LANTOS. Mr. Speaker, I have no unneeded space into configurations suitable for further requests for time, and I yield For necessary expenses of the Chief Econo- release to the Administrator of General Services, back the balance of my time. mist, including economic analysis, risk assess- and for the operation, maintenance, improve- Mr. CHABOT. Mr. Speaker, I have no ment, cost-benefit analysis, energy and new ment, and repair of Agriculture buildings and further requests for time, and I yield uses, and the functions of the World Agricul- facilities, and for related costs, $187,734,000, to tural Outlook Board, as authorized by the Agri- remain available until expended, as follows: for back the balance of my time. cultural Marketing Act of 1946 (7 U.S.C. 1622g), The SPEAKER pro tempore (Mr. payments to the General Services Administra- $10,539,000. tion and the Department of Homeland Security POE). The question is on the motion of- NATIONAL APPEALS DIVISION for building security, $147,734,000, and for build- fered by the gentleman from Ohio (Mr. For necessary expenses of the National Ap- ings operations and maintenance, $40,000,000: CHABOT) that the House suspend the peals Division, $14,524,000. Provided, That amounts which are made avail- rules and agree to the resolution, H. OFFICE OF BUDGET AND PROGRAM ANALYSIS able for space rental and related costs for the Res. 368. For necessary expenses of the Office of Budget Department of Agriculture in this Act may be The question was taken. and Program Analysis, $8,298,000. transferred between such appropriations to The SPEAKER pro tempore. In the HOMELAND SECURITY STAFF cover the costs of additional, new, or replace- opinion of the Chair, two-thirds of For necessary expenses of the Homeland Secu- ment space 15 days after notice thereof is trans- those present have voted in the affirm- rity Staff, $934,000. mitted to the Appropriations Committees of both Houses of Congress. ative. OFFICE OF THE CHIEF INFORMATION OFFICER HAZARDOUS MATERIALS MANAGEMENT Mr. LANTOS. Mr. Speaker, on that I For necessary expenses of the Office of the demand the yeas and nays. Chief Information Officer, $16,462,000. (INCLUDING TRANSFERS OF FUNDS) The yeas and nays were ordered. COMMON COMPUTING ENVIRONMENT For necessary expenses of the Department of Agriculture, to comply with the Comprehensive The SPEAKER pro tempore. Pursu- For necessary expenses to acquire a Common ant to clause 8 of rule XX and the Environmental Response, Compensation, and Computing Environment for the Natural Re- Liability Act (42 U.S.C. 9601 et seq.) and the Re- Chair’s prior announcement, further sources Conservation Service, the Farm and proceedings on this question will be source Conservation and Recovery Act (42 Foreign Agricultural Service, and Rural Devel- U.S.C. 6901 et seq.), $12,000,000, to remain avail- postponed. opment mission areas for information tech- able until expended: Provided, That appropria- f nology, systems, and services, $110,072,000, to re- tions and funds available herein to the Depart- main available until expended, for the capital CONFERENCE REPORT ON H.R. 2744, ment for Hazardous Materials Management may asset acquisition of shared information tech- be transferred to any agency of the Department AGRICULTURE, RURAL DEVEL- nology systems, including services as authorized for its use in meeting all requirements pursuant OPMENT, FOOD AND DRUG AD- by 7 U.S.C. 6915–16 and 40 U.S.C. 1421–28: Pro- to the above Acts on Federal and non-Federal MINISTRATION, AND RELATED vided, That obligation of these funds shall be lands. consistent with the Department of Agriculture AGENCIES APPROPRIATIONS DEPARTMENTAL ADMINISTRATION ACT, 2006 Service Center Modernization Plan of the county-based agencies, and shall be with the concur- (INCLUDING TRANSFERS OF FUNDS) Mr. LAHOOD submitted the following rence of the Department’s Chief Information Of- For Departmental Administration, $23,103,000, conference report and statement on the ficer: Provided further, That of the funds pro- to provide for necessary expenses for manage- bill (H.R. 2744), making appropriations vided under this section, the Secretary shall ac- ment support services to offices of the Depart- for Agriculture, Rural Development, quire one meter natural color digital ortho-im- ment and for general administration, security, Food and Drug Administration, and agery of the entire state of Utah. repairs and alterations, and other miscellaneous Related Agencies for the fiscal year OFFICE OF THE CHIEF FINANCIAL OFFICER supplies and expenses not otherwise provided ending September 30, 2006, and for For necessary expenses of the Office of the for and necessary for the practical and efficient work of the Department: Provided, That this ap- other purposes: Chief Financial Officer, $5,874,000: Provided, That hereafter the Chief Financial Officer shall propriation shall be reimbursed from applicable CONFERENCE REPORT (H. REPT. 109–255) actively market and expand cross-servicing ac- appropriations in this Act for travel expenses in- The committee of conference on the dis- tivities of the National Finance Center: Pro- cident to the holding of hearings as required by agreeing votes of the two Houses on the vided further, That no funds made available by 5 U.S.C. 551–558. amendment of the Senate to the bill (H.R. this appropriation may be obligated for FAIR OFFICE OF THE ASSISTANT SECRETARY FOR 2744) ‘‘making appropriations for Agri- Act or Circular A–76 activities until the Sec- CONGRESSIONAL RELATIONS culture, Rural Development, Food and Drug retary has submitted to the Committees on Ap- (INCLUDING TRANSFERS OF FUNDS) Administration, and Related Agencies for propriations of both Houses of Congress and the For necessary salaries and expenses of the Of- the fiscal year ending September 30, 2006, and Committee on Government Reform of the House fice of the Assistant Secretary for Congressional for other purposes’’, having met, after full of Representatives a report on the Department’s Relations to carry out the programs funded by and free conference, have agreed to rec- contracting out policies, including agency budg- this Act, including programs involving intergov- ommend and do recommend to their respec- ets for contracting out. tive Houses as follows: ernmental affairs and liaison within the execu- OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL That the House recede from its disagree- tive branch, $3,821,000: Provided, That these RIGHTS ment to the amendment of the Senate, and funds may be transferred to agencies of the De- agree to the same with an amendment, as For necessary salaries and expenses of the Of- partment of Agriculture funded by this Act to follows: fice of the Assistant Secretary for Civil Rights, maintain personnel at the agency level: Pro- In lieu of the matter stricken and inserted $821,000. vided further, That no funds made available by by said amendment, insert: OFFICE OF CIVIL RIGHTS this appropriation may be obligated after 30 days from the date of enactment of this Act, un- That the following sums are appropriated, out For necessary expenses of the Office of Civil less the Secretary has notified the Committees of any money in the Treasury not otherwise ap- Rights, $20,109,000. on Appropriations of both Houses of Congress propriated, for Agriculture, Rural Development, OFFICE OF THE ASSISTANT SECRETARY FOR on the allocation of these funds by USDA agen- Food and Drug Administration, and Related ADMINISTRATION cy: Provided further, That no other funds ap- Agencies programs for the fiscal year ending For necessary salaries and expenses of the Of- propriated to the Department by this Act shall September 30, 2006, and for other purposes, fice of the Assistant Secretary for Administra- be available to the Department for support of namely: tion, $676,000. activities of congressional relations. TITLE I AGRICULTURE BUILDINGS AND FACILITIES AND OFFICE OF COMMUNICATIONS AGRICULTURAL PROGRAMS RENTAL PAYMENTS For necessary expenses to carry out services PRODUCTION, PROCESSING AND MARKETING (INCLUDING TRANSFERS OF FUNDS) relating to the coordination of programs involv- OFFICE OF THE SECRETARY For payment of space rental and related costs ing public affairs, for the dissemination of agri- For necessary expenses of the Office of the pursuant to Public Law 92–313, including au- cultural information, and the coordination of Secretary of Agriculture, $5,127,000: Provided, thorities pursuant to the 1984 delegation of au- information, work, and programs authorized by

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00209 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23888 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Congress in the Department, $9,509,000: Pro- to be constructed or improved at a cost not to research (16 U.S.C. 582a through a–7), vided, That not to exceed $2,000,000 may be used exceed $750,000 each, and the cost of altering $22,230,000; for payments to the 1890 land-grant for farmers’ bulletins. any one building during the fiscal year shall not colleges, including Tuskegee University and OFFICE OF THE INSPECTOR GENERAL exceed 10 percent of the current replacement West Virginia State University (7 U.S.C. 3222), value of the building or $375,000, whichever is $37,591,000, of which $1,507,496 shall be made For necessary expenses of the Office of the In- greater: Provided further, That the limitations available only for the purpose of ensuring that spector General, including employment pursu- on alterations contained in this Act shall not each institution shall receive no less than ant to the Inspector General Act of 1978, apply to modernization or replacement of exist- $1,000,000; for special grants for agricultural re- $80,336,000, including such sums as may be nec- ing facilities at Beltsville, Maryland: Provided search (7 U.S.C. 450i(c)), $128,223,000; for special essary for contracting and other arrangements further, That appropriations hereunder shall be grants for agricultural research on improved with public agencies and private persons pursu- available for granting easements at the Belts- pest control (7 U.S.C. 450i(c)), $14,798,000; for ant to section 6(a)(9) of the Inspector General ville Agricultural Research Center: Provided competitive research grants (7 U.S.C. 450i(b)), Act of 1978, and including not to exceed $125,000 further, That the foregoing limitations shall not $183,000,000; for the support of animal health for certain confidential operational expenses, apply to replacement of buildings needed to and disease programs (7 U.S.C. 3195), $5,057,000; including the payment of informants, to be ex- carry out the Act of April 24, 1948 (21 U.S.C. for supplemental and alternative crops and pended under the direction of the Inspector 113a): Provided further, That the foregoing limi- products (7 U.S.C. 3319d), $1,187,000; for grants General pursuant to Public Law 95–452 and sec- tations shall not apply to the purchase of land for research pursuant to the Critical Agricul- tion 1337 of Public Law 97–98. at Florence, South Carolina: Provided further, tural Materials Act (7 U.S.C. 178 et seq.), OFFICE OF THE GENERAL COUNSEL That funds may be received from any State, $1,102,000, to remain available until expended; For necessary expenses of the Office of the other political subdivision, organization, or infor the 1994 research grants program for 1994 in- General Counsel, $39,351,000. dividual for the purpose of establishing or oper- stitutions pursuant to section 536 of Public Law ating any research facility or research project of OFFICE OF THE UNDER SECRETARY FOR 103–382 (7 U.S.C. 301 note), $1,039,000, to remain the Agricultural Research Service, as authorized RESEARCH, EDUCATION AND ECONOMICS available until expended; for rangeland research by law: Provided further, That the Secretary, grants (7 U.S.C. 3333), $1,000,000; for higher edu- For necessary salaries and expenses of the Of- through the Agricultural Research Service, or cation graduate fellowship grants (7 U.S.C. fice of the Under Secretary for Research, Edu- successor, is authorized to lease approximately 3152(b)(6)), $3,738,000, to remain available until cation and Economics to administer the laws en- 40 acres of land at the Central Plains Experi- expended (7 U.S.C. 2209b); for a veterinary med- acted by the Congress for the Economic Re- ment Station, Nunn, Colorado, to the Board of icine loan repayment program pursuant to sec- search Service, the National Agricultural Statis- Governors of the Colorado State University Sys- tion 1415A of the National Agricultural Re- tics Service, the Agricultural Research Service, tem, for its Shortgrass Steppe Biological Field search, Extension, and Teaching Policy Act of and the Cooperative State Research, Education, Station, on such terms and conditions as the 1977 (7 U.S.C. 3101 et seq.), $500,000; for higher and Extension Service, $598,000. Secretary deems in the public interest: Provided education challenge grants (7 U.S.C. 3152(b)(1)), ECONOMIC RESEARCH SERVICE further, That the Secretary understands that it $5,478,000; for a higher education multicultural For necessary expenses of the Economic Re- is the intent of the University to construct re- scholars program (7 U.S.C. 3152(b)(5)), $998,000, search Service in conducting economic research search and educational buildings on the subject to remain available until expended (7 U.S.C. and analysis, $75,931,000: Provided, That none acreage and to conduct agricultural research 2209b); for an education grants program for His- of the funds made available by this Act or any and educational activities in these buildings: panic-serving Institutions (7 U.S.C. 3241), other Act may be used by the Department of Ag- Provided further, That as consideration for a $6,000,000; for noncompetitive grants for the riculture to publish, disseminate, or distribute, lease, the Secretary may accept the benefits of purpose of carrying out all provisions of 7 internally or externally, Agriculture Informa- mutual cooperative research to be conducted by U.S.C. 3242 (section 759 of Public Law 106–78) to tion Bulletin Number 787: Provided further, the Colorado State University and the Govern- individual eligible institutions or consortia of el- That of the funds provided to the Economic Re- ment at the Shortgrass Steppe Biological Field igible institutions in Alaska and in Hawaii, with search Service, the Secretary of Agriculture Station: Provided further, That the term of any funds awarded equally to each of the States of shall use $350,000 to enter into an agreement for lease shall be for no more than 20 years, but a Alaska and Hawaii, $3,250,000; for a secondary a comprehensive report on the economic devel- lease may be renewed at the option of the Sec- agriculture education program and 2-year post- opment and current status of the sheep industry retary on such terms and conditions as the Sec- secondary education (7 U.S.C. 3152(j)), in the United States to be prepared by the Na- retary deems in the public interest: Provided $1,000,000; for aquaculture grants (7 U.S.C. tional Academy of Sciences. further, That the Agricultural Research Service 3322), $3,968,000; for sustainable agriculture re- may convey all rights and title of the United NATIONAL AGRICULTURAL STATISTICS SERVICE search and education (7 U.S.C. 5811), States, to a parcel of land comprising 19 acres, $12,400,000; for a program of capacity building For necessary expenses of the National Agri- more or less, located in Section 2, Township 18 grants (7 U.S.C. 3152(b)(4)) to colleges eligible to cultural Statistics Service in conducting statis- North, Range 14 East in Oktibbeha County, receive funds under the Act of August 30, 1890 tical reporting and service work, $140,700,000, of Mississippi, originally conveyed by the Board of (7 U.S.C. 321–326 and 328), including Tuskegee which up to $29,115,000 shall be available until Trustees of the Institution of Higher Learning University and West Virginia State University, expended for the Census of Agriculture. of the State of Mississippi, and described in in- $12,312,000, to remain available until expended AGRICULTURAL RESEARCH SERVICE struments recorded in Deed Book 306 at pages (7 U.S.C. 2209b); for payments to the 1994 Insti- SALARIES AND EXPENSES 553–554, Deed Book 319 at page 219, and Deed tutions pursuant to section 534(a)(1) of Public For necessary expenses to enable the Agricul- Book 33 at page 115, of the public land records Law 103–382, $2,250,000; for resident instruction tural Research Service to perform agricultural of Oktibbeha County, Mississippi, including fa- grants for insular areas under section 1491 of research and demonstration relating to produc- cilities, and fixed equipment, to the Mississippi the National Agricultural Research, Extension, tion, utilization, marketing, and distribution State University, Starkville, Mississippi, in their and Teaching Policy Act of 1977 (7 U.S.C. 3363), (not otherwise provided for); home economics or ‘‘as is’’ condition, when vacated by the Agricul- $500,000; and for necessary expenses of Research nutrition and consumer use including the acqui- tural Research Service: Provided further, That and Education Activities, $50,471,000, of which sition, preservation, and dissemination of agri- none of the funds appropriated under this head- $2,587,000 for the Research, Education, and Eco- cultural information; and for acquisition of ing shall be available to carry out research re- nomics Information System and $2,051,000 for lands by donation, exchange, or purchase at a lated to the production, processing, or mar- the Electronic Grants Information System, are nominal cost not to exceed $100, and for land ex- keting of tobacco or tobacco products. to remain available until expended: Provided, changes where the lands exchanged shall be of BUILDINGS AND FACILITIES That none of the funds appropriated under this equal value or shall be equalized by a payment For acquisition of land, construction, repair, heading shall be available to carry out research of money to the grantor which shall not exceed improvement, extension, alteration, and pur- related to the production, processing, or mar- 25 percent of the total value of the land or inter- chase of fixed equipment or facilities as nec- keting of tobacco or tobacco products: Provided ests transferred out of Federal ownership, essary to carry out the agricultural research further, That this paragraph shall not apply to $1,135,004,000: Provided, That appropriations programs of the Department of Agriculture, research on the medical, biotechnological, food, hereunder shall be available for the operation where not otherwise provided, $131,195,000, to and industrial uses of tobacco. and maintenance of aircraft and the purchase remain available until expended. NATIVE AMERICAN INSTITUTIONS ENDOWMENT of not to exceed one for replacement only: Pro- COOPERATIVE STATE RESEARCH, EDUCATION, AND FUND vided further, That appropriations hereunder EXTENSION SERVICE For the Native American Institutions Endow- shall be available pursuant to 7 U.S.C. 2250 for RESEARCH AND EDUCATION ACTIVITIES ment Fund authorized by Public Law 103–382 (7 the construction, alteration, and repair of build- For payments to agricultural experiment sta- U.S.C. 301 note), $12,000,000, to remain available ings and improvements, but unless otherwise tions, for cooperative forestry and other re- until expended. provided, the cost of constructing any one build- search, for facilities, and for other expenses, EXTENSION ACTIVITIES ing shall not exceed $375,000, except for $676,849,000, as follows: to carry out the provi- For payments to States, the District of Colum- headhouses or greenhouses which shall each be sions of the Hatch Act of 1887 (7 U.S.C. 361a–i), bia, Puerto Rico, Guam, the Virgin Islands, Mi- limited to $1,200,000, and except for 10 buildings $178,757,000; for grants for cooperative forestry cronesia, Northern Marianas, and American

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00210 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23889

Samoa, $455,955,000, as follows: payments for co- OUTREACH FOR SOCIALLY DISADVANTAGED ment, extension, alteration, and purchase of operative extension work under the Smith-Lever FARMERS fixed equipment or facilities, as authorized by 7 Act, to be distributed under sections 3(b) and For grants and contracts pursuant to section U.S.C. 2250, and acquisition of land as author- 3(c) of said Act, and under section 208(c) of 2501 of the Food, Agriculture, Conservation, and ized by 7 U.S.C. 428a, $4,996,000, to remain Public Law 93–471, for retirement and employ- Trade Act of 1990 (7 U.S.C. 2279), $6,000,000, to available until expended. ees’ compensation costs for extension agents, remain available until expended. AGRICULTURAL MARKETING SERVICE $275,730,000; payments for extension work at the OFFICE OF THE UNDER SECRETARY FOR MARKETING SERVICES 1994 Institutions under the Smith-Lever Act (7 MARKETING AND REGULATORY PROGRAMS For necessary expenses to carry out services U.S.C. 343(b)(3)), $3,273,000; payments for the For necessary salaries and expenses of the Of- related to consumer protection, agricultural nutrition and family education program for low- fice of the Under Secretary for Marketing and marketing and distribution, transportation, and income areas under section 3(d) of the Act, Regulatory Programs to administer programs regulatory programs, as authorized by law, and $62,634,000; payments for the pest management under the laws enacted by the Congress for the for administration and coordination of pay- program under section 3(d) of the Act, Animal and Plant Health Inspection Service; the ments to States, $75,376,000, including funds for $9,960,000; payments for the farm safety program Agricultural Marketing Service; and the Grain the wholesale market development program for under section 3(d) of the Act, $4,563,000; pay- Inspection, Packers and Stockyards Administra- the design and development of wholesale and ments for New Technologies for Ag Extension tion; $724,000. farmer market facilities for the major metropoli- under Section 3(d) of the Act, $1,500,000; pay- ANIMAL AND PLANT HEALTH INSPECTION SERVICE tan areas of the country: Provided, That this ments to upgrade research, extension, and SALARIES AND EXPENSES appropriation shall be available pursuant to law teaching facilities at the 1890 land-grant col- (7 U.S.C. 2250) for the alteration and repair of (INCLUDING TRANSFERS OF FUNDS) leges, including Tuskegee University and West buildings and improvements, but the cost of al- For expenses, not otherwise provided for, nec- Virginia State University, as authorized by sec- tering any one building during the fiscal year essary to prevent, control, and eradicate pests tion 1447 of Public Law 95–113 (7 U.S.C. 3222b), shall not exceed 10 percent of the current re- and plant and animal diseases; to carry out in- $16,777,000, to remain available until expended; placement value of the building. spection, quarantine, and regulatory activities; payments for youth-at-risk programs under sec- Fees may be collected for the cost of standard- and to protect the environment, as authorized tion 3(d) of the Smith-Lever Act, $7,728,000; for ization activities, as established by regulation by law, $815,461,000, of which $4,140,000 shall be youth farm safety education and certification pursuant to law (31 U.S.C. 9701). available for the control of outbreaks of insects, extension grants, to be awarded competitively LIMITATION ON ADMINISTRATIVE EXPENSES under section 3(d) of the Act, $444,000; payments plant diseases, animal diseases and for control of pest animals and birds to the extent necessary Not to exceed $65,667,000 (from fees collected) for carrying out the provisions of the Renewable shall be obligated during the current fiscal year Resources Extension Act of 1978 (16 U.S.C. 1671 to meet emergency conditions; of which $39,000,000 shall be used for the boll weevil for administrative expenses: Provided, That if et seq.), $4,060,000; payments for Indian reserva- crop size is understated and/or other uncontrol- tion agents under section 3(d) of the Smith- eradication program for cost share purposes or for debt retirement for active eradication zones; lable events occur, the agency may exceed this Lever Act, $1,996,000; payments for sustainable limitation by up to 10 percent with notification agriculture programs under section 3(d) of the of which $33,340,000 shall be available for a Na- tional Animal Identification program: Provided, to the Committees on Appropriations of both Act, $4,067,000; payments for rural health and That no funds shall be used to formulate or ad- Houses of Congress. safety education as authorized by section 502(i) minister a brucellosis eradication program for FUNDS FOR STRENGTHENING MARKETS, INCOME, of Public Law 92–419 (7 U.S.C. 2662(i)), the current fiscal year that does not require AND SUPPLY (SECTION 32) $1,965,000; payments for cooperative extension minimum matching by the States of at least 40 (INCLUDING TRANSFERS OF FUNDS) work by the colleges receiving the benefits of the percent: Provided further, That this appropria- second Morrill Act (7 U.S.C. 321–326 and 328) Funds available under section 32 of the Act of tion shall be available for the operation and August 24, 1935 (7 U.S.C. 612c), shall be used and Tuskegee University and West Virginia maintenance of aircraft and the purchase of not only for commodity program expenses as author- State University, $33,868,000, of which $1,724,884 to exceed four, of which two shall be for re- ized therein, and other related operating ex- shall be made available only for the purpose of placement only: Provided further, That, in addi- penses, including not less than $20,000,000 for ensuring that each institution shall receive no tion, in emergencies which threaten any seg- replacement of a system to support commodity less than $1,000,000; for grants to youth organi- ment of the agricultural production industry of purchases, except for: (1) transfers to the De- zations pursuant to section 7630 of title 7, this country, the Secretary may transfer from partment of Commerce as authorized by the Fish United States Code, $2,000,000; and for nec- other appropriations or funds available to the and Wildlife Act of August 8, 1956; (2) transfers essary expenses of Extension Activities, agencies or corporations of the Department such otherwise provided in this Act; and (3) not more $25,390,000. sums as may be deemed necessary, to be avail- than $16,055,000 for formulation and administra- INTEGRATED ACTIVITIES able only in such emergencies for the arrest and tion of marketing agreements and orders pursu- eradication of contagious or infectious disease ant to the Agricultural Marketing Agreement For the integrated research, education, and or pests of animals, poultry, or plants, and for Act of 1937 and the Agricultural Act of 1961. extension grants programs, including necessary expenses in accordance with sections 10411 and PAYMENTS TO STATES AND POSSESSIONS administrative expenses, $55,792,000, as follows: 10417 of the Animal Health Protection Act (7 For payments to departments of agriculture, for competitive grants programs authorized U.S.C. 8310 and 8316) and sections 431 and 442 bureaus and departments of markets, and simi- under section 406 of the Agricultural Research, of the Plant Protection Act (7 U.S.C. 7751 and lar agencies for marketing activities under sec- Extension, and Education Reform Act of 1998 (7 7772), and any unexpended balances of funds tion 204(b) of the Agricultural Marketing Act of U.S.C. 7626), $45,792,000, including $12,867,000 transferred for such emergency purposes in the 1946 (7 U.S.C. 1623(b)), $3,847,000, of which not for the water quality program, $14,847,000 for preceding fiscal year shall be merged with such less than $2,500,000 shall be used to make a the food safety program, $4,167,000 for the re- transferred amounts: Provided further, That ap- grant under this heading. gional pest management centers program, propriations hereunder shall be available pursu- GRAIN INSPECTION, PACKERS AND STOCKYARDS $4,464,000 for the Food Quality Protection Act ant to law (7 U.S.C. 2250) for the repair and al- ADMINISTRATION risk mitigation program for major food crop sys- teration of leased buildings and improvements, tems, $1,389,000 for the crops affected by Food but unless otherwise provided the cost of alter- SALARIES AND EXPENSES Quality Protection Act implementation, ing any one building during the fiscal year shall For necessary expenses to carry out the provi- $3,106,000 for the methyl bromide transition pro- not exceed 10 percent of the current replacement sions of the United States Grain Standards Act, gram, and $1,874,000 for the organic transition value of the building. for the administration of the Packers and Stock- program; for a competitive international science In fiscal year 2006, the agency is authorized to yards Act, for certifying procedures used to pro- and education grants program authorized under collect fees to cover the total costs of providing tect purchasers of farm products, and the stand- section 1459A of the National Agricultural Re- technical assistance, goods, or services requested ardization activities related to grain under the search, Extension, and Teaching Policy Act of by States, other political subdivisions, domestic Agricultural Marketing Act of 1946, $38,443,000: 1977 (7 U.S.C. 3292b), to remain available until and international organizations, foreign govern- Provided, That this appropriation shall be expended, $1,000,000; for grants programs au- ments, or individuals, provided that such fees available pursuant to law (7 U.S.C. 2250) for the thorized under section 2(c)(1)(B) of Public Law are structured such that any entity’s liability alteration and repair of buildings and improve- 89–106, as amended, $744,000, to remain avail- for such fees is reasonably based on the tech- ments, but the cost of altering any one building able until September 30, 2007 for the critical nical assistance, goods, or services provided to during the fiscal year shall not exceed 10 per- issues program, and $1,334,000 for the regional the entity by the agency, and such fees shall be cent of the current replacement value of the rural development centers program; and credited to this account, to remain available building. $10,000,000 for the Food and Agriculture Defense until expended, without further appropriation, LIMITATION ON INSPECTION AND WEIGHING Initiative authorized under section 1484 of the for providing such assistance, goods, or services. SERVICES EXPENSES National Agricultural Research, Extension, and BUILDINGS AND FACILITIES Not to exceed $42,463,000 (from fees collected) Teaching Act of 1977, to remain available until For plans, construction, repair, preventive shall be obligated during the current fiscal year September 30, 2007. maintenance, environmental support, improve- for inspection and weighing services: Provided,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00211 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23890 CONGRESSIONAL RECORD—HOUSE October 26, 2005 That if grain export activities require additional proposed the closure, holds a public meeting on Appropriations of both Houses of Congress supervision and oversight, or other uncontrol- about the proposed closure in the county in are notified at least 15 days in advance of any lable factors occur, this limitation may be ex- which the local or county office is located, and, transfer. ceeded by up to 10 percent with notification to after the public meeting but not later than 120 RISK MANAGEMENT AGENCY the Committees on Appropriations of both days before the date on which the Secretary ap- For administrative and operating expenses, as Houses of Congress. proves the closure, notifies the Committee on authorized by section 226A of the Department of Agriculture and the Committee on Appropria- OFFICE OF THE UNDER SECRETARY FOR FOOD Agriculture Reorganization Act of 1994 (7 U.S.C. tions of the House of Representatives and the SAFETY 6933), $77,048,000: Provided, That not to exceed Committee on Agriculture, Nutrition, and For- For necessary salaries and expenses of the Of- $1,000 shall be available for official reception estry and the Committee on Appropriations of fice of the Under Secretary for Food Safety to and representation expenses, as authorized by 7 the Senate, and the members of Congress from administer the laws enacted by the Congress for U.S.C. 1506(i). the State in which the local or county office is the Food Safety and Inspection Service, CORPORATIONS $602,000. located of the proposed closure. STATE MEDIATION GRANTS The following corporations and agencies are FOOD SAFETY AND INSPECTION SERVICE For grants pursuant to section 502(b) of the hereby authorized to make expenditures, within For necessary expenses to carry out services Agricultural Credit Act of 1987, as amended (7 the limits of funds and borrowing authority authorized by the Federal Meat Inspection Act, U.S.C. 5101–5106), $4,250,000. available to each such corporation or agency the Poultry Products Inspection Act, and the GRASSROOTS SOURCE WATER PROTECTION and in accord with law, and to make contracts Egg Products Inspection Act, including not to PROGRAM and commitments without regard to fiscal year exceed $50,000 for representation allowances and For necessary expenses to carry out wellhead limitations as provided by section 104 of the for expenses pursuant to section 8 of the Act ap- or groundwater protection activities under sec- Government Corporation Control Act as may be proved August 3, 1956 (7 U.S.C. 1766), tion 12400 of the Food Security Act of 1985 (16 necessary in carrying out the programs set forth $837,756,000, of which no less than $753,252,000 U.S.C. 3839bb–2), $3,750,000, to remain available in the budget for the current fiscal year for such shall be available for Federal food safety inspec- until expended. corporation or agency, except as hereinafter tion; and in addition, $1,000,000 may be credited provided. DAIRY INDEMNITY PROGRAM to this account from fees collected for the cost of FEDERAL CROP INSURANCE CORPORATION FUND laboratory accreditation as authorized by sec- (INCLUDING TRANSFER OF FUNDS) For payments as authorized by section 516 of tion 1327 of the Food, Agriculture, Conservation For necessary expenses involved in making in- the Federal Crop Insurance Act (7 U.S.C. 1516), and Trade Act of 1990 (7 U.S.C. 138f): Provided, demnity payments to dairy farmers and manu- such sums as may be necessary, to remain avail- That no fewer than 63 full time equivalent posi- facturers of dairy products under a dairy in- able until expended. tions above the fiscal year 2002 level shall be em- demnity program, $100,000, to remain available ployed during fiscal year 2006 for purposes dedi- until expended: Provided, That such program is COMMODITY CREDIT CORPORATION FUND cated solely to inspections and enforcement re- carried out by the Secretary in the same manner REIMBURSEMENT FOR NET REALIZED LOSSES lated to the Humane Methods of Slaughter Act: as the dairy indemnity program described in the For the current fiscal year, such sums as may Provided further, That of the amount available Agriculture, Rural Development, Food and Drug be necessary to reimburse the Commodity Credit under this heading, notwithstanding section 704 Administration, and Related Agencies Appro- Corporation for net realized losses sustained, of this Act $4,000,000, available until September priations Act, 2001 (Public Law 106–387, 114 but not previously reimbursed, pursuant to sec- 30, 2007, shall be obligated to include the Hu- Stat. 1549A–12). tion 2 of the Act of August 17, 1961 (15 U.S.C. mane Animal Tracking System as part of the AGRICULTURAL CREDIT INSURANCE FUND 713a–11): Provided, That of the funds available Field Automation and Information Management PROGRAM ACCOUNT to the Commodity Credit Corporation under sec- System following notification to the Committees (INCLUDING TRANSFERS OF FUNDS) tion 11 of the Commodity Credit Corporation on Appropriations, which shall include a de- For gross obligations for the principal amount Charter Act (15 U.S.C 714i) for the conduct of its tailed explanation of the components of such of direct and guaranteed farm ownership (7 business with the Foreign Agricultural Service, system: Provided further, That of the total U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 up to $5,000,000 may be transferred to and used amount made available under this heading, no et seq.) loans, Indian tribe land acquisition by the Foreign Agricultural Service for informa- less than $20,653,000 shall be obligated for regu- loans (25 U.S.C. 488), and boll weevil loans (7 tion resource management activities of the For- latory and scientific training: Provided further, U.S.C. 1989), to be available from funds in the eign Agricultural Service that are not related to That this appropriation shall be available pur- Agricultural Credit Insurance Fund, as follows: Commodity Credit Corporation business. suant to law (7 U.S.C. 2250) for the alteration farm ownership loans, $1,608,000,000, of which HAZARDOUS WASTE MANAGEMENT and repair of buildings and improvements, but $1,400,000,000 shall be for guaranteed loans and (LIMITATION ON EXPENSES) the cost of altering any one building during the $208,000,000 shall be for direct loans; operating For the current fiscal year, the Commodity fiscal year shall not exceed 10 percent of the loans, $2,074,632,000, of which $1,150,000,000 current replacement value of the building. Credit Corporation shall not expend more than shall be for unsubsidized guaranteed loans, $5,000,000 for site investigation and cleanup ex- OFFICE OF THE UNDER SECRETARY FOR FARM $274,632,000 shall be for subsidized guaranteed penses, and operations and maintenance ex- AND FOREIGN AGRICULTURAL SERVICES loans and $650,000,000 shall be for direct loans; penses to comply with the requirement of section For necessary salaries and expenses of the Of- Indian tribe land acquisition loans, $2,020,000; 107(g) of the Comprehensive Environmental Re- fice of the Under Secretary for Farm and For- and for boll weevil eradication program loans, sponse, Compensation, and Liability Act (42 eign Agricultural Services to administer the laws $100,000,000: Provided, That the Secretary shall U.S.C. 9607(g)), and section 6001 of the Resource enacted by Congress for the Farm Service Agen- deem the pink bollworm to be a boll weevil for Conservation and Recovery Act (42 U.S.C. 6961). the purpose of boll weevil eradication program cy, the Foreign Agricultural Service, the Risk TITLE II Management Agency, and the Commodity Credit loans. Corporation, $635,000. For the cost of direct and guaranteed loans, CONSERVATION PROGRAMS including the cost of modifying loans as defined FARM SERVICE AGENCY OFFICE OF THE UNDER SECRETARY FOR NATURAL in section 502 of the Congressional Budget Act RESOURCES AND ENVIRONMENT SALARIES AND EXPENSES of 1974, as follows: farm ownership loans, For necessary salaries and expenses of the Of- (INCLUDING TRANSFERS OF FUNDS) $17,370,000, of which $6,720,000 shall be for guar- fice of the Under Secretary for Natural Re- For necessary expenses for carrying out the anteed loans, and $10,650,000 shall be for direct sources and Environment to administer the laws administration and implementation of programs loans; operating loans, $133,849,000, of which enacted by the Congress for the Forest Service administered by the Farm Service Agency, $34,845,000 shall be for unsubsidized guaranteed and the Natural Resources Conservation Serv- $1,030,000,000: Provided, That the Secretary is loans, $34,329,000 shall be for subsidized guaran- ice, $744,000. authorized to use the services, facilities, and au- teed loans, and $64,675,000 shall be for direct thorities (but not the funds) of the Commodity loans; and Indian tribe land acquisition loans, NATURAL RESOURCES CONSERVATION SERVICE Credit Corporation to make program payments $81,000. CONSERVATION OPERATIONS for all programs administered by the Agency: In addition, for administrative expenses nec- For necessary expenses for carrying out the Provided further, That other funds made avail- essary to carry out the direct and guaranteed provisions of the Act of April 27, 1935 (16 U.S.C. able to the Agency for authorized activities may loan programs, $312,591,000, of which 590a–f), including preparation of conservation be advanced to and merged with this account: $304,591,000 shall be transferred to and merged plans and establishment of measures to conserve Provided further, That none of the funds made with the appropriation for ‘‘Farm Service Agen- soil and water (including farm irrigation and available by this Act may be used to pay the sal- cy, Salaries and Expenses’’. land drainage and such special measures for soil aries or expenses of any officer or employee of Funds appropriated by this Act to the Agri- and water management as may be necessary to the Department of Agriculture to close any local cultural Credit Insurance Program Account for prevent floods and the siltation of reservoirs and or county office of the Farm Service Agency un- farm ownership and operating direct loans and to control agricultural related pollutants); oper- less the Secretary of Agriculture, not later than guaranteed loans may be transferred among ation of conservation plant materials centers; 30 days after the date on which the Secretary these programs: Provided, That the Committees classification and mapping of soil; dissemination

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00212 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23891 of information; acquisition of lands, water, and the Agriculture and Food Act of 1981 (16 U.S.C. available for a grant to a qualified national or- interests therein for use in the plant materials 3451–3461), $51,300,000, to remain available until ganization to provide technical assistance for program by donation, exchange, or purchase at expended: Provided, That the Secretary shall rural transportation in order to promote eco- a nominal cost not to exceed $100 pursuant to enter into a cooperative or contribution agree- nomic development; $2,000,000 shall be for grants the Act of August 3, 1956 (7 U.S.C. 428a); pur- ment, within 45 days of enactment of this Act, to the Delta Regional Authority (7 U.S.C. 1921 chase and erection or alteration or improvement with a national association regarding a Re- et seq.) for any purpose under this heading: of permanent and temporary buildings; and op- source Conservation and Development program Provided further, That of the amount appro- eration and maintenance of aircraft, and such agreement shall contain the same priated for rural utilities programs, not to ex- $839,519,000, to remain available until May 31, matching, contribution requirements, and fund- ceed $25,000,000 shall be for water and waste 2007, of which not less than $10,650,000 is for ing level, set forth in a similar cooperative or disposal systems to benefit the Colonias along snow survey and water forecasting, and not less contribution agreement with a national associa- the United States/Mexico border, including than $10,547,000 is for operation and establish- tion in fiscal year 2002: Provided further, That grants pursuant to section 306C of such Act; ment of the plant materials centers, and of not to exceed $3,411,000 shall be available for $25,000,000 shall be for water and waste disposal which not less than $27,500,000 shall be for the national headquarters activities. systems for rural and native villages in Alaska grazing lands conservation initiative: Provided, TITLE III pursuant to section 306D of such Act, with up to 2 percent available to administer the program That appropriations hereunder shall be avail- RURAL DEVELOPMENT PROGRAMS able pursuant to 7 U.S.C. 2250 for construction and/or improve interagency coordination may be OFFICE OF THE UNDER SECRETARY FOR RURAL and improvement of buildings and public im- transferred to and merged with the appropria- DEVELOPMENT provements at plant materials centers, except tion for ‘‘Rural Development, Salaries and Ex- that the cost of alterations and improvements to For necessary salaries and expenses of the Of- penses’’, of which $100,000 shall be provided to other buildings and other public improvements fice of the Under Secretary for Rural Develop- develop a regional system for centralized billing, shall not exceed $250,000: Provided further, That ment to administer programs under the laws en- operation, and management of rural water and when buildings or other structures are erected acted by the Congress for the Rural Housing sewer utilities through regional cooperatives, of on non-Federal land, that the right to use such Service, the Rural Business-Cooperative Service, which 25 percent shall be provided for water land is obtained as provided in 7 U.S.C. 2250a: and the Rural Utilities Service, $635,000. and sewer projects in regional hubs, and the Provided further, That this appropriation shall RURAL COMMUNITY ADVANCEMENT PROGRAM State of Alaska shall provide a 25 percent cost be available for technical assistance and related (INCLUDING TRANSFERS OF FUNDS) share, and grantees may use up to 5 percent of expenses to carry out programs authorized by For the cost of direct loans, loan guarantees, grant funds, not to exceed $35,000 per commu- section 202(c) of title II of the Colorado River and grants, as authorized by 7 U.S.C. 1926, nity, for the completion of comprehensive com- Basin Salinity Control Act of 1974 (43 U.S.C. 1926a, 1926c, 1926d, and 1932, except for sections munity safe water plans; not to exceed 1592(c)): Provided further, That qualified local 381E–H and 381N of the Consolidated Farm and $18,250,000 shall be for technical assistance engineers may be temporarily employed at per Rural Development Act, $701,941,000, to remain grants for rural water and waste systems pursu- diem rates to perform the technical planning available until expended, of which $82,620,000 ant to section 306(a)(14) of such Act, unless the work of the Service. shall be for rural community programs described Secretary makes a determination of extreme need, of which $5,600,000 shall be for Rural WATERSHED SURVEYS AND PLANNING in section 381E(d)(1) of such Act; of which Community Assistance Programs and not less For necessary expenses to conduct research, $530,100,000 shall be for the rural utilities programs described in sections 381E(d)(2), than $850,000 shall be for a qualified national investigation, and surveys of watersheds of riv- Native American organization to provide tech- ers and other waterways, and for small water- 306C(a)(2), and 306D of such Act, of which not to exceed $500,000 shall be available for the rural nical assistance for rural water systems for trib- shed investigations and planning, in accordance al communities; and not to exceed $13,750,000 with the Watershed Protection and Flood Pre- utilities program described in section 306(a)(2)(B) of such Act, and of which not to ex- shall be for contracting with qualified national vention Act (16 U.S.C. 1001–1009), $6,083,000. organizations for a circuit rider program to pro- WATERSHED AND FLOOD PREVENTION OPERATIONS ceed $1,000,000 shall be available for the rural utilities program described in section 306E of vide technical assistance for rural water sys- For necessary expenses to carry out preventive such Act; and of which $89,221,000 shall be for tems: Provided further, That of the total amount measures, including but not limited to research, the rural business and cooperative development appropriated, not to exceed $21,367,000 shall be engineering operations, methods of cultivation, programs described in sections 381E(d)(3) and available through June 30, 2006, for authorized the growing of vegetation, rehabilitation of ex- 310B(f) of such Act: Provided, That of the total empowerment zones and enterprise communities isting works and changes in use of land, in ac- amount appropriated in this account, and communities designated by the Secretary of cordance with the Watershed Protection and $25,000,000 shall be for loans and grants to ben- Agriculture as Rural Economic Area Partner- Flood Prevention Act (16 U.S.C. 1001–1005 and efit Federally Recognized Native American ship Zones; of which $1,067,000 shall be for the 1007–1009), the provisions of the Act of April 27, Tribes, including grants for drinking water and rural community programs described in section 1935 (16 U.S.C. 590a–f), and in accordance with waste disposal systems pursuant to section 306C 381E(d)(1) of such Act, of which $12,000,000 shall the provisions of laws relating to the activities of such Act, of which $4,464,000 shall be avail- be for the rural utilities programs described in of the Department, $75,000,000, to remain available for community facilities grants to tribal col- section 381E(d)(2) of such Act, and of which able until expended; of which up to $10,000,000 leges, as authorized by section 306(a)(19) of the $8,300,000 shall be for the rural business and co- may be available for the watersheds authorized Consolidated Farm and Rural Development Act, operative development programs described in under the Flood Control Act (33 U.S.C. 701 and and of which $250,000 shall be available for a section 381E(d)(3) of such Act: Provided further, 16 U.S.C. 1006a): Provided, That not to exceed grant to a qualified national organization to That of the amount appropriated for rural com- $30,000,000 of this appropriation shall be avail- provide technical assistance for rural transpor- munity programs, $18,000,000 shall be to provide able for technical assistance: Provided further, tation in order to promote economic develop- grants for facilities in rural communities with That not to exceed $1,000,000 of this appropria- ment: Provided further, That of the amount ap- extreme unemployment and severe economic de- tion is available to carry out the purposes of the propriated for rural community programs, pression (Public Law 106–387), with 5 percent Endangered Species Act of 1973 (Public Law 93– $6,350,000 shall be available for a Rural Commu- for administration and capacity building in the 205), including cooperative efforts as con- nity Development Initiative: Provided further, State rural development offices: Provided fur- templated by that Act to relocate endangered or That such funds shall be used solely to develop ther, That of the amount appropriated, threatened species to other suitable habitats as the capacity and ability of private, nonprofit $26,000,000 shall be transferred to and merged may be necessary to expedite project construc- community-based housing and community devel- with the ‘‘Rural Utilities Service, High Energy tion. opment organizations, low-income rural commu- Cost Grants Account’’ to provide grants author- WATERSHED REHABILITATION PROGRAM nities, and Federally Recognized Native Amer- ized under section 19 of the Rural Electrification For necessary expenses to carry out rehabili- ican Tribes to undertake projects to improve Act of 1936 (7 U.S.C. 918a): Provided further, tation of structural measures, in accordance housing, community facilities, community and That any prior year balances for high cost en- with section 14 of the Watershed Protection and economic development projects in rural areas: ergy grants authorized by section 19 of the Flood Prevention Act (16 U.S.C. 1012), and in Provided further, That such funds shall be Rural Electrification Act of 1936 (7 U.S.C. accordance with the provisions of laws relating made available to qualified private, nonprofit 901(19)) shall be transferred to and merged with to the activities of the Department, $31,561,000, and public intermediary organizations pro- the ‘‘Rural Utilities Service, High Energy Costs to remain available until expended. posing to carry out a program of financial and Grants Account’’. RESOURCE CONSERVATION AND DEVELOPMENT technical assistance: Provided further, That RURAL DEVELOPMENT SALARIES AND EXPENSES For necessary expenses in planning and car- such intermediary organizations shall provide (INCLUDING TRANSFERS OF FUNDS) rying out projects for resource conservation and matching funds from other sources, including For necessary expenses for carrying out the development and for sound land use pursuant to Federal funds for related activities, in an administration and implementation of programs the provisions of sections 31 and 32 of the amount not less than funds provided: Provided in the Rural Development mission area, includ- Bankhead-Jones Farm Tenant Act (7 U.S.C. further, That of the amount appropriated for ing activities with institutions concerning the 1010–1011; 76 Stat. 607); the Act of April 27, 1935 the rural business and cooperative development development and operation of agricultural co- (16 U.S.C. 590a–f); and subtitle H of title XV of programs, not to exceed $500,000 shall be made operatives; and for cooperative agreements;

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00213 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23892 CONGRESSIONAL RECORD—HOUSE October 26, 2005

$164,625,000: Provided, That of the funds appro- In addition, for administrative expenses nec- RURAL HOUSING ASSISTANCE GRANTS priated under this title for salaries and ex- essary to carry out the direct and guaranteed For grants and contracts for very low-income penses, $11,147,000, to remain available until loan programs, $454,809,000, which shall be housing repair, supervisory and technical assist- September 30, 2007, shall be used to complete the transferred to and merged with the appropria- ance, compensation for construction defects, consolidation of Rural Development activities in tion for ‘‘Rural Development, Salaries and Ex- and rural housing preservation made by the St. Louis, Missouri: Provided further, That not- penses’’, of which not less than $1,000,000 shall Rural Housing Service, as authorized by 42 withstanding any other provision of law, funds be made available for the Secretary to contract U.S.C. 1474, 1479(c), 1490e, and 1490m, appropriated under this section may be used for with third parties to acquire the necessary auto- $43,976,000, to remain available until expended: advertising and promotional activities that sup- mation and technical services needed to restruc- Provided, That $2,976,000 shall be made avail- port the Rural Development mission area: Pro- ture section 515 mortgages. able for loans to private non-profit organiza- vided further, That not more than $10,000 may RENTAL ASSISTANCE PROGRAM tions, or such non-profit organizations’ affiliate be expended to provide modest nonmonetary For rental assistance agreements entered into loan funds and State and local housing finance awards to non-USDA employees: Provided fur- or renewed pursuant to the authority under sec- agencies, to carry out a housing demonstration ther, That any balances available from prior tion 521(a)(2) or agreements entered into in lieu program to provide revolving loans for the pres- years for the Rural Utilities Service, Rural of debt forgiveness or payments for eligible ervation of low-income multi-family housing Housing Service, and the Rural Business-Coop- households as authorized by section 502(c)(5)(D) projects: Provided further, That loans under erative Service salaries and expenses accounts of the Housing Act of 1949, $653,102,000; and, in such demonstration program shall have an in- shall be transferred to and merged with this ap- addition, such sums as may be necessary, as au- terest rate of not more than 1 percent direct loan propriation. thorized by section 521(c) of the Act, to liquidate to the recipient: Provided further, That the Sec- RURAL HOUSING SERVICE debt incurred prior to fiscal year 1992 to carry retary may defer the interest and principal payment to the Rural Housing Service for up to 3 RURAL HOUSING INSURANCE FUND PROGRAM out the rental assistance program under section years and the term of such loans shall not ex- ACCOUNT 521(a)(2) of the Act: Provided, That of this amount, up to $8,000,000 shall be available for ceed 30 years: Provided further, That of the (INCLUDING TRANSFERS OF FUNDS) debt forgiveness or payments for eligible house- total amount appropriated, $1,200,000 shall be For gross obligations for the principal amount holds as authorized by section 502(c)(5)(D) of available through June 30, 2006, for authorized of direct and guaranteed loans as authorized by the Act, and not to exceed $50,000 per project for empowerment zones and enterprise communities title V of the Housing Act of 1949, to be avail- advances to nonprofit organizations or public and communities designated by the Secretary of able from funds in the rural housing insurance agencies to cover direct costs (other than pur- Agriculture as Rural Economic Area Partner- fund, as follows: $4,821,832,000 for loans to sec- chase price) incurred in purchasing projects ship Zones. tion 502 borrowers, as determined by the Sec- pursuant to section 502(c)(5)(C) of the Act: Pro- FARM LABOR PROGRAM ACCOUNT retary, of which $1,140,799,000 shall be for direct vided further, That agreements entered into or For the cost of direct loans, grants, and con- loans, and of which $3,681,033,000 shall be for renewed during the current fiscal year shall be tracts, as authorized by 42 U.S.C. 1484 and 1486, unsubsidized guaranteed loans; $35,000,000 for funded for a four-year period: Provided further, $31,168,000, to remain available until expended, section 504 housing repair loans; $100,000,000 for That any unexpended balances remaining at the for direct farm labor housing loans and domestic section 515 rental housing; $100,000,000 for sec- end of such four-year agreements may be trans- farm labor housing grants and contracts. tion 538 guaranteed multi-family housing loans; ferred and used for the purposes of any debt re- RURAL BUSINESS—COOPERATIVE SERVICE $5,000,000 for section 524 site loans; $11,500,000 duction; maintenance, repair, or rehabilitation for credit sales of acquired property, of which RURAL DEVELOPMENT LOAN FUND PROGRAM of any existing projects; preservation; and rent- ACCOUNT up to $1,500,000 may be for multi-family credit al assistance activities authorized under title V (INCLUDING TRANSFER OF FUNDS) sales; and $5,048,000 for section 523 self-help of the Act: Provided further, That rental assist- For the principal amount of direct loans, as housing land development loans. ance that is recovered from projects that are authorized by the Rural Development Loan For the cost of direct and guaranteed loans, subject to prepayment shall be deobligated and Fund (42 U.S.C. 9812(a)), $34,212,000. including the cost of modifying loans, as defined reallocated for vouchers and debt forgiveness or For the cost of direct loans, $14,718,000, as au- in section 502 of the Congressional Budget Act payments consistent with the requirements of thorized by the Rural Development Loan Fund of 1974, as follows: section 502 loans, this Act for purposes authorized under section (42 U.S.C. 9812(a)), of which $1,724,000 shall be $170,837,000, of which $129,937,000 shall be for 542 and section 502(c)(5)(D) of the Housing Act available through June 30, 2006, for Federally direct loans, and of which $40,900,000, to remain of 1949, as amended. available until expended, shall be for unsub- Recognized Native American Tribes and of RURAL HOUSING VOUCHER PROGRAM sidized guaranteed loans; section 504 housing which $3,449,000 shall be available through June repair loans, $10,238,000; repair, rehabilitation, For the rural housing voucher program as au- 30, 2006, for Mississippi Delta Region counties and new construction of section 515 rental hous- thorized under section 542 of the Housing Act of (as determined in accordance with Public Law ing, $45,880,000; section 538 multi-family housing 1949, (without regard to section 542(b)), 100–460): Provided, That of such amount made guaranteed loans, $5,420,000; multi-family credit $16,000,000, to remain available until expended: available, the Secretary may provide up to sales of acquired property, $681,000; and section Provided, That such vouchers shall be available $1,500,000 for the Delta Regional Authority (7 523 self-help housing and development loans, to any low-income household (including those U.S.C. 1921 et seq.): Provided further, That such $52,000: Provided, That of the total amount ap- not receiving rental assistance) residing in a costs, including the cost of modifying such propriated in this paragraph, $2,500,000 shall be property financed with a section 515 loan which loans, shall be as defined in section 502 of the available through June 30, 2006, for authorized has been prepaid after September 30, 2005: Pro- Congressional Budget Act of 1974: Provided fur- empowerment zones and enterprise communities vided further, That the amount of the voucher ther, That of the total amount appropriated, and communities designated by the Secretary of shall be the difference between comparable mar- $887,000 shall be available through June 30, Agriculture as Rural Economic Area Partner- ket rent for the section 515 unit and the tenant 2006, for the cost of direct loans for authorized ship Zones: Provided further, That any funds paid rent for such unit: Provided further, That empowerment zones and enterprise communities under this paragraph initially allocated by the funds made available for such vouchers, shall be and communities designated by the Secretary of Secretary for housing projects in the State of subject to the availability of annual appropria- Agriculture as Rural Economic Area Partner- Alaska that are not obligated by September 30, tions: Provided further, That the Secretary ship Zones. 2006, shall be carried over until September 30, shall, to the maximum extent practicable, ad- In addition, for administrative expenses to 2007, and made available for such housing minister such vouchers with current regulations carry out the direct loan programs, $4,793,000 projects only in the State of Alaska. and administrative guidance applicable for sec- shall be transferred to and merged with the ap- For additional costs to conduct a demonstration 8 housing vouchers administered by the propriation for ‘‘Rural Development, Salaries tion program for the preservation and revitaliza- Secretary of the Department of Housing and and Expenses’’. tion of the section 515 multi-family rental hous- Urban Development (including the ability to RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ing properties, $9,000,000: Provided, That fund- pay administrative costs related to delivery of ACCOUNT ing made available under this heading shall be the voucher funds). (INCLUDING RESCISSION OF FUNDS) used to restructure existing section 515 loans, as MUTUAL AND SELF-HELP HOUSING GRANTS For the principal amount of direct loans, as the Secretary deems appropriate, expressly for For grants and contracts pursuant to section authorized under section 313 of the Rural Elec- the purposes of ensuring the project has suffi- 523(b)(1)(A) of the Housing Act of 1949 (42 trification Act, for the purpose of promoting cient resources to preserve the project for the U.S.C. 1490c), $34,000,000, to remain available rural economic development and job creation purpose of providing safe and affordable hous- until expended: Provided, That of the total projects, $25,003,000. ing for low-income residents including reducing amount appropriated, $1,000,000 shall be avail- For the cost of direct loans, including the cost or eliminating interest; deferring loan payments, able through June 30, 2006, for authorized em- of modifying loans as defined in section 502 of subordinating, reducing or reamortizing loan powerment zones and enterprise communities the Congressional Budget Act of 1974, $4,993,000, debt; and other financial assistance including and communities designated by the Secretary of to remain available until expended. advances and incentives required by the Sec- Agriculture as Rural Economic Area Partner- Of the funds derived from interest on the retary. ship Zones. cushion of credit payments, as authorized by

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00214 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23893 section 313 of the Rural Electrification Act of ferred to and merged with the appropriation for funds available under section 32 of the Act of 1936, $170,000,000 shall not be obligated and ‘‘Rural Development, Salaries and Expenses’’. August 24, 1935 (7 U.S.C. 612c): Provided, That $170,000,000 are rescinded. RURAL TELEPHONE BANK PROGRAM ACCOUNT none of the funds made available under this RURAL COOPERATIVE DEVELOPMENT GRANTS (INCLUDING TRANSFER AND RESCISSION OF FUNDS) heading shall be used for studies and evalua- For rural cooperative development grants au- The Rural Telephone Bank is hereby author- tions: Provided further, That up to $5,235,000 shall be available for independent verification of thorized under section 310B(e) of the Consoli- ized to make such expenditures, within the lim- school food service claims. dated Farm and Rural Development Act (7 its of funds available to such corporation in ac- SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR U.S.C. 1932), $29,488,000, of which $500,000 shall cord with law, and to make such contracts and WOMEN, INFANTS, AND CHILDREN (WIC) be for a cooperative research agreement with a commitments without regard to fiscal year limi- qualified academic institution to conduct re- tations as provided by section 104 of the Govern- For necessary expenses to carry out the special supplemental nutrition program as author- search on the national economic impact of all ment Corporation Control Act, as may be nec- ized by section 17 of the Child Nutrition Act of types of cooperatives; and of which $2,500,000 essary in carrying out its authorized programs. shall be for cooperative agreements for the ap- For administrative expenses, including audits, 1966 (42 U.S.C. 1786), $5,257,000,000, to remain propriate technology transfer for rural areas necessary to continue to service existing loans, available through September 30, 2007, of which program: Provided, That not to exceed $1,488,000 $2,500,000, which shall be transferred to and such sums as are necessary to restore the con- shall be for cooperatives or associations of co- merged with the appropriation for ‘‘Rural De- tingency reserve to $125,000,000 shall be placed operatives whose primary focus is to provide as- velopment, Salaries and Expenses’’. in reserve, to remain available until expended, sistance to small, minority producers and whose Of the unobligated balances from the Rural to be allocated as the Secretary deems nec- governing board and/or membership is comprised Telephone Bank Liquidating Account, $2,500,000 essary, notwithstanding section 17(i) of such of at least 75 percent minority; and of which shall not be obligated and $2,500,000 are re- Act, to support participation should cost or par- $20,500,000, to remain available until expended, scinded. ticipation exceed budget estimates: Provided, That of the total amount available, the Sec- shall be for value-added agricultural product DISTANCE LEARNING, TELEMEDICINE, AND retary shall obligate not less than $15,000,000 for market development grants, as authorized by BROADBAND PROGRAM a breastfeeding support initiative in addition to section 6401 of the Farm Security and Rural In- For the principal amount of direct distance the activities specified in section 17(h)(3)(A): vestment Act of 2002 (7 U.S.C. 1621 note). learning and telemedicine loans, $25,000,000; Provided further, That only the provisions of RURAL EMPOWERMENT ZONES AND ENTERPRISE and for the principal amount of broadband tele- section 17(h)(10)(B)(i) and section COMMUNITIES GRANTS communication loans, $500,000,000. 17(h)(10)(B)(ii) shall be effective in 2006; includ- For grants in connection with second and For the cost of direct loans and grants for ing $14,000,000 for the purposes specified in sec- third rounds of empowerment zones and enter- telemedicine and distance learning services in tion 17(h)(10)(B)(i) and $20,000,000 for the pur- prise communities, $11,200,000, to remain avail- rural areas, as authorized by 7 U.S.C. 950aaa et poses specified in section 17(h)(10)(B)(ii): Pro- able until expended, for designated rural em- seq., $30,375,000, to remain available until ex- vided further, That funds made available for the powerment zones and rural enterprise commu- pended, of which $375,000 shall be for direct purposes specified in section 17(h)(10)(B)(ii) nities, as authorized by the Taxpayer Relief Act loans: Provided, That the cost of direct loans shall only be made available upon a determina- of 1997 and the Omnibus Consolidated and shall be as defined in section 502 of the Congres- tion by the Secretary that funds are available to Emergency Supplemental Appropriations Act, sional Budget Act of 1974: Provided further, meet caseload requirements without the use of 1999 (Public Law 105–277): Provided, That of the That $5,000,000 shall be made available to con- the contingency reserve funds: Provided further, funds appropriated, $1,000,000 shall be made vert analog to digital operation those non- That none of the funds made available under available to third round empowerment zones, as commercial educational television broadcast sta- this heading shall be used for studies and eval- authorized by the Community Renewal Tax Re- tions that serve rural areas and are qualified for uations: Provided further, That none of the lief Act (Public Law 106–554). Community Service Grants by the Corporation funds in this Act shall be available to pay ad- RENEWABLE ENERGY PROGRAM for Public Broadcasting under section 396(k) of ministrative expenses of WIC clinics except those For the cost of a program of direct loans, loan the Communications Act of 1934, including asso- that have an announced policy of prohibiting guarantees, and grants, under the same terms ciated translators and repeaters, regardless of smoking within the space used to carry out the and conditions as authorized by section 9006 of the location of their main transmitter, studio-to- program: Provided further, That none of the the Farm Security and Rural Investment Act of transmitter links, and equipment to allow local funds provided in this account shall be avail- 2002 (7 U.S.C. 8106), $23,000,000 for direct and control over digital content and programming able for the purchase of infant formula except guaranteed renewable energy loans and grants: through the use of high-definition broadcast, in accordance with the cost containment and Provided, That the cost of direct loans and loan multi-casting and datacasting technologies. competitive bidding requirements specified in guarantees, including the cost of modifying For the cost of broadband loans, as author- section 17 of such Act: Provided further, That such loans, shall be as defined in section 502 of ized by 7 U.S.C. 901 et seq., $10,750,000, to re- none of the funds provided shall be available for the Congressional Budget Act of 1974. main available until September 30, 2007: Pro- activities that are not fully reimbursed by other vided, That the interest rate for such loans shall RURAL UTILITIES SERVICE Federal Government departments or agencies be the cost of borrowing to the Department of RURAL ELECTRIFICATION AND unless authorized by section 17 of such Act. the Treasury for obligations of comparable ma- TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT FOOD STAMP PROGRAM turity: Provided further, That the cost of direct (INCLUDING TRANSFER OF FUNDS) loans shall be as defined in section 502 of the For necessary expenses to carry out the Food Insured loans pursuant to the authority of Congressional Budget Act of 1974. Stamp Act (7 U.S.C. 2011 et seq.), $40,711,395,000, section 305 of the Rural Electrification Act of In addition, $9,000,000, to remain available of which $3,000,000,000 to remain available 1936 (7 U.S.C. 935) shall be made as follows: 5 until expended, for a grant program to finance through September 30, 2007, shall be placed in percent rural electrification loans, $100,000,000; broadband transmission in rural areas eligible reserve for use only in such amounts and at municipal rate rural electric loans, $100,000,000; for Distance Learning and Telemedicine Pro- such times as may become necessary to carry out loans made pursuant to section 306 of that Act, gram benefits authorized by 7 U.S.C. 950aaa. program operations: Provided, That none of the rural electric, $2,700,000,000; Treasury rate di- funds made available under this heading shall TITLE IV rect electric loans, $1,000,000,000; guaranteed be used for studies and evaluations: Provided underwriting loans pursuant to section 313A, DOMESTIC FOOD PROGRAMS further, That of the funds made available under $1,500,000,000; 5 percent rural telecommuni- OFFICE OF THE UNDER SECRETARY FOR FOOD, this heading and not already appropriated to cations loans, $145,000,000; cost of money rural NUTRITION AND CONSUMER SERVICES the Food Distribution Program on Indian Res- telecommunications loans, $424,000,000; and for For necessary salaries and expenses of the Of- ervations (FDPIR) established under section loans made pursuant to section 306 of that Act, fice of the Under Secretary for Food, Nutrition 4(b) of the Food Stamp Act of 1977 (7 U.S.C. rural telecommunications loans, $125,000,000. and Consumer Services to administer the laws 2013(b)), not less than $3,000,000 shall be used to For the cost, as defined in section 502 of the enacted by the Congress for the Food and Nutri- purchase bison meat for the FDPIR from Native Congressional Budget Act of 1974, including the tion Service, $599,000. American bison producers as well as from pro- cost of modifying loans, of direct and guaran- ducer-owned cooperatives of bison ranchers: FOOD AND NUTRITION SERVICE teed loans authorized by sections 305 and 306 of Provided further, That funds provided herein the Rural Electrification Act of 1936 (7 U.S.C. CHILD NUTRITION PROGRAMS shall be expended in accordance with section 16 935 and 936), as follows: cost of rural electric (INCLUDING TRANSFERS OF FUNDS) of the Food Stamp Act: Provided further, That loans, $6,160,000, and the cost of telecommuni- For necessary expenses to carry out the Na- this appropriation shall be subject to any work cations loans, $212,000: Provided, That notwith- tional School Lunch Act (42 U.S.C. 1751 et seq.), registration or workfare requirements as may be standing section 305(d)(2) of the Rural Elec- except section 21, and the Child Nutrition Act of required by law: Provided further, That funds trification Act of 1936, borrower interest rates 1966 (42 U.S.C. 1771 et seq.), except sections 17 made available for Employment and Training may exceed 7 percent per year. and 21; $12,660,829,000, to remain available under this heading shall remain available until In addition, for administrative expenses nec- through September 30, 2007, of which expended, as authorized by section 16(h)(1) of essary to carry out the direct and guaranteed $7,473,208,000 is hereby appropriated and the Food Stamp Act: Provided further, That loan programs, $38,784,000 which shall be trans- $5,187,621,000 shall be derived by transfer from notwithstanding section 5(d) of the Food Stamp

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00215 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23894 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Act of 1977, any additional payment received Progress Act of 1985 to provide no less than cellaneous and emergency expenses of enforce- under chapter 5 of title 37, United States Code, $5,000,000 in local-currency funding support for ment activities, authorized and approved by the by a member of the United States Armed Forces rural electrification development overseas. Secretary and to be accounted for solely on the deployed to a designated combat zone shall be In addition, for administrative expenses to Secretary’s certificate, not to exceed $25,000; and excluded from household income for the dura- carry out the credit program of title I, Public notwithstanding section 521 of Public Law 107– tion of the member’s deployment if the addi- Law 83–480, and the Food for Progress Act of 188; $1,838,567,000: Provided, That of the amount tional pay is the result of deployment to or 1985, to the extent funds appropriated for Public provided under this heading, $305,332,000 shall while serving in a combat zone, and it was not Law 83–480 are utilized, $3,385,000, of which be derived from prescription drug user fees au- received immediately prior to serving in the com- $168,000 may be transferred to and merged with thorized by 21 U.S.C. 379h, shall be credited to bat zone. the appropriation for ‘‘Foreign Agricultural this account and remain available until ex- COMMODITY ASSISTANCE PROGRAM Service, Salaries and Expenses’’, and of which pended, and shall not include any fees pursuant For necessary expenses to carry out disaster $3,217,000 may be transferred to and merged to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for assistance and the commodity supplemental food with the appropriation for ‘‘Farm Service Agen- fiscal year 2007 but collected in fiscal year 2006; program as authorized by section 4(a) of the Ag- cy, Salaries and Expenses’’. $40,300,000 shall be derived from medical device riculture and Consumer Protection Act of 1973 (7 PUBLIC LAW 480 TITLE I OCEAN FREIGHT user fees authorized by 21 U.S.C. 379j, and shall U.S.C. 612c note); the Emergency Food Assist- DIFFERENTIAL GRANTS be credited to this account and remain available ance Act of 1983; special assistance (in a form (INCLUDING TRANSFER OF FUNDS) until expended; and $11,318,000 shall be derived determined by the Secretary of Agriculture) for For ocean freight differential costs for the from animal drug user fees authorized by 21 the nuclear affected islands, as authorized by shipment of agricultural commodities under title U.S.C. 379j, and shall be credited to this account section 103(f)(2) of the Compact of Free Associa- I of the Agricultural Trade Development and and remain available until expended: Provided tion Amendments Act of 2003 (Public Law 108– Assistance Act of 1954 and under the Food for further, That fees derived from prescription 188); and the Farmers’ Market Nutrition Pro- Progress Act of 1985, $11,940,000, to remain drug, medical device, and animal drug assess- gram, as authorized by section 17(m) of the available until expended: Provided, That funds ments received during fiscal year 2006, including Child Nutrition Act of 1966, $179,366,000, to re- made available for the cost of agreements under any such fees assessed prior to the current fiscal main available through September 30, 2007: Pro- title I of the Agricultural Trade Development year but credited during the current year, shall vided, That none of these funds shall be avail- and Assistance Act of 1954 and for title I ocean be subject to the fiscal year 2006 limitation: Pro- able to reimburse the Commodity Credit Cor- freight differential may be used interchangeably vided further, That none of these funds shall be poration for commodities donated to the pro- between the two accounts with prior notice to used to develop, establish, or operate any program: Provided further, That notwithstanding the Committees on Appropriations of both gram of user fees authorized by 31 U.S.C. 9701: any other provision of law, effective with funds Houses of Congress. Provided further, That of the total amount ap- made available in fiscal year 2006 to support the PUBLIC LAW 480 TITLE II GRANTS propriated: (1) $443,153,000 shall be for the Cen- Seniors Farmers’ Market Nutrition Program, as For expenses during the current fiscal year, ter for Food Safety and Applied Nutrition and authorized by section 4402 of Public Law 107– not otherwise recoverable, and unrecovered related field activities in the Office of Regu- 171, such funds shall remain available through prior years’ costs, including interest thereon, latory Affairs; (2) $520,564,000 shall be for the September 30, 2007: Provided further, That of under the Agricultural Trade Development and Center for Drug Evaluation and Research and the funds made available under section 27(a) of Assistance Act of 1954, for commodities supplied related field activities in the Office of Regu- the Food Stamp Act of 1977 (7 U.S.C. 2011 et in connection with dispositions abroad under latory Affairs; (3) $178,714,000 shall be for the seq.), the Secretary may use up to $10,000,000 for title II of said Act, $1,150,000,000, to remain Center for Biologics Evaluation and Research costs associated with the distribution of com- available until expended. and for related field activities in the Office of Regulatory Affairs; (4) $99,787,000 shall be for modities. COMMODITY CREDIT CORPORATION EXPORT LOANS the Center for Veterinary Medicine and for re- NUTRITION PROGRAMS ADMINISTRATION PROGRAM ACCOUNT For necessary administrative expenses of the lated field activities in the Office of Regulatory (INCLUDING TRANSFERS OF FUNDS) Affairs; (5) $245,770,000 shall be for the Center domestic nutrition assistance programs funded For administrative expenses to carry out the under this Act, $140,761,000. for Devices and Radiological Health and for re- Commodity Credit Corporation’s export guar- lated field activities in the Office of Regulatory TITLE V antee program, GSM 102 and GSM 103, Affairs; (6) $41,152,000 shall be for the National FOREIGN ASSISTANCE AND RELATED $5,279,000; to cover common overhead expenses Center for Toxicological Research; (7) PROGRAMS as permitted by section 11 of the Commodity $58,515,000 shall be for Rent and Related activi- FOREIGN AGRICULTURAL SERVICE Credit Corporation Charter Act and in con- ties, of which $21,974,000 is for White Oak Con- formity with the Federal Credit Reform Act of SALARIES AND EXPENSES solidation, other than the amounts paid to the 1990, of which $3,440,000 may be transferred to General Services Administration for rent; (8) (INCLUDING TRANSFERS OF FUNDS) and merged with the appropriation for ‘‘Foreign $134,853,000 shall be for payments to the General For necessary expenses of the Foreign Agri- Agricultural Service, Salaries and Expenses’’, Services Administration for rent; and (9) cultural Service, including carrying out title VI and of which $1,839,000 may be transferred to $116,059,000 shall be for other activities, includ- of the Agricultural Act of 1954 (7 U.S.C. 1761– and merged with the appropriation for ‘‘Farm ing the Office of the Commissioner; the Office of 1768), market development activities abroad, and Service Agency, Salaries and Expenses’’. Management; the Office of External Relations; for enabling the Secretary to coordinate and in- MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDU- the Office of Policy and Planning; and central tegrate activities of the Department in connec- CATION AND CHILD NUTRITION PROGRAM services for these offices: Provided further, That tion with foreign agricultural work, including GRANTS funds may be transferred from one specified ac- not to exceed $158,000 for representation allow- For necessary expenses to carry out the provi- tivity to another with the prior approval of the ances and for expenses pursuant to section 8 of sions of section 3107 of the Farm Security and Committees on Appropriations of both Houses of the Act approved August 3, 1956 (7 U.S.C. 1766), Rural Investment Act of 2002 (7 U.S.C. 1736o–1), Congress. $147,901,000: Provided, That the Service may uti- $100,000,000, to remain available until expended: In addition, mammography user fees author- lize advances of funds, or reimburse this appro- Provided, That the Commodity Credit Corpora- ized by 42 U.S.C. 263b may be credited to this ac- priation for expenditures made on behalf of Fed- tion is authorized to provide the services, facili- count, to remain available until expended. eral agencies, public and private organizations ties, and authorities for the purpose of imple- In addition, export certification user fees au- and institutions under agreements executed pur- menting such section, subject to reimbursement thorized by 21 U.S.C. 381 may be credited to this suant to the agricultural food production assist- from amounts provided herein. account, to remain available until expended. ance programs (7 U.S.C. 1737) and the foreign TITLE VI BUILDINGS AND FACILITIES assistance programs of the United States Agency for International Development. RELATED AGENCIES AND FOOD AND DRUG For plans, construction, repair, improvement, extension, alteration, and purchase of fixed PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD ADMINISTRATION equipment or facilities of or used by the Food FOR PROGRESS PROGRAM ACCOUNT DEPARTMENT OF HEALTH AND HUMAN SERVICES and Drug Administration, where not otherwise (INCLUDING TRANSFERS OF FUNDS) provided, $8,000,000, to remain available until FOOD AND DRUG ADMINISTRATION For the cost, as defined in section 502 of the expended. Congressional Budget Act of 1974, of agreements SALARIES AND EXPENSES INDEPENDENT AGENCIES under the Agricultural Trade Development and For necessary expenses of the Food and Drug Assistance Act of 1954, and the Food for Administration, including hire and purchase of COMMODITY FUTURES TRADING COMMISSION Progress Act of 1985, including the cost of modi- passenger motor vehicles; for payment of space For necessary expenses to carry out the provi- fying credit arrangements under said Acts, rental and related costs pursuant to Public Law sions of the Commodity Exchange Act (7 U.S.C. $65,040,000, to remain available until expended: 92–313 for programs and activities of the Food 1 et seq.), including the purchase and hire of Provided, That the Secretary of Agriculture may and Drug Administration which are included in passenger motor vehicles, and the rental of implement a commodity monetization program this Act; for rental of special purpose space in space (to include multiple year leases) in the under existing provisions of the Food for the District of Columbia or elsewhere; for mis- District of Columbia and elsewhere, $98,386,000,

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00216 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23895

including not to exceed $3,000 for official recep- proval of the agency administrator: Provided SEC. 715. None of the funds appropriated or tion and representation expenses. further, That none of the funds transferred to otherwise made available to the Department of FARM CREDIT ADMINISTRATION the Working Capital Fund pursuant to this sec- Agriculture or the Food and Drug Administra- LIMITATION ON ADMINISTRATIVE EXPENSES tion shall be available for obligation without the tion shall be used to transmit or otherwise make Not to exceed $44,250,000 (from assessments prior approval of the Committees on Appropria- available to any non-Department of Agriculture collected from farm credit institutions and from tions of both Houses of Congress. or non-Department of Health and Human Serv- EC. 706. No part of any appropriation con- the Federal Agricultural Mortgage Corporation) S ices employee questions or responses to questions tained in this Act shall remain available for ob- shall be obligated during the current fiscal year that are a result of information requested for ligation beyond the current fiscal year unless for administrative expenses as authorized under the appropriations hearing process. expressly so provided herein. SEC. 716. None of the funds made available to 12 U.S.C. 2249: Provided, That this limitation SEC. 707. Hereafter, not to exceed $50,000 in the Department of Agriculture by this Act may shall not apply to expenses associated with re- each fiscal year of the funds appropriated by be used to acquire new information technology ceiverships. this or any other Appropriations Act to the De- systems or significant upgrades, as determined TITLE VII partment of Agriculture (excluding the Forest by the Office of the Chief Information Officer, GENERAL PROVISIONS Service) shall be available to provide appro- without the approval of the Chief Information (INCLUDING RESCISSIONS AND TRANSFERS OF priate orientation and language training pursu- Officer and the concurrence of the Executive In- FUNDS) ant to section 606C of the Act of August 28, 1954 formation Technology Investment Review SEC. 701. Within the unit limit of cost fixed by (7 U.S.C. 1766b). Board: Provided, That notwithstanding any law, appropriations and authorizations made SEC. 708. No funds appropriated by this Act other provision of law, none of the funds appro- for the Department of Agriculture for the cur- may be used to pay negotiated indirect cost priated or otherwise made available by this Act rent fiscal year under this Act shall be available rates on cooperative agreements or similar ar- may be transferred to the Office of the Chief In- for the purchase, in addition to those specifi- rangements between the United States Depart- formation Officer without the prior approval of cally provided for, of not to exceed 320 pas- ment of Agriculture and nonprofit institutions the Committees on Appropriations of both senger motor vehicles, of which 320 shall be for in excess of 10 percent of the total direct cost of Houses of Congress: Provided further, That replacement only, and for the hire of such vehi- the agreement when the purpose of such cooper- none of the funds available to the Department cles. ative arrangements is to carry out programs of of Agriculture for information technology shall SEC. 702. Hereafter, funds appropriated by mutual interest between the two parties. This be obligated for projects over $25,000 prior to re- this or any other Appropriations Act to the De- does not preclude appropriate payment of indi- ceipt of written approval by the Chief Informa- partment of Agriculture (excluding the Forest rect costs on grants and contracts with such in- tion Officer. Service) shall be available for uniforms or allow- stitutions when such indirect costs are computed SEC. 717. (a) None of the funds provided by ances as authorized by law (5 U.S.C. 5901–5902). on a similar basis for all agencies for which ap- this Act, or provided by previous Appropriations SEC. 703. Hereafter, funds appropriated by propriations are provided in this Act. Acts to the agencies funded by this Act that re- this or any other Appropriations Act to the De- SEC. 709. None of the funds in this Act shall main available for obligation or expenditure in partment of Agriculture (excluding the Forest be available to pay indirect costs charged the current fiscal year, or provided from any ac- Service) shall be available for employment pur- against competitive agricultural research, edu- counts in the Treasury of the United States de- suant to the second sentence of section 706(a) of cation, or extension grant awards issued by the rived by the collection of fees available to the the Department of Agriculture Organic Act of Cooperative State Research, Education, and Ex- agencies funded by this Act, shall be available 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109. tension Service that exceed 20 percent of total for obligation or expenditure through a re- SEC. 704. New obligational authority provided Federal funds provided under each award: Pro- programming of funds which— for the following appropriation items in this Act vided, That notwithstanding section 1462 of the (1) creates new programs; (2) eliminates a program, project, or activity; shall remain available until expended: Animal National Agricultural Research, Extension, and (3) increases funds or personnel by any means and Plant Health Inspection Service, the contin- Teaching Policy Act of 1977 (7 U.S.C. 3310), for any project or activity for which funds have gency fund to meet emergency conditions, infor- funds provided by this Act for grants awarded been denied or restricted; mation technology infrastructure, fruit fly pro- competitively by the Cooperative State Research, (4) relocates an office or employees; gram, emerging plant pests, boll weevil program, Education, and Extension Service shall be avail- (5) reorganizes offices, programs, or activities; low pathogen avian influenza program, up to able to pay full allowable indirect costs for each or $33,340,000 in animal health monitoring and sur- grant awarded under section 9 of the Small (6) contracts out or privatizes any functions veillance for the animal identification system, Business Act (15 U.S.C. 638). or activities presently performed by Federal em- up to $1,500,000 in the scrapie program for in- SEC. 710. Hereafter, loan levels provided in ployees; unless the Committees on Appropria- demnities, up to $3,000,000 in the emergency this or any other Appropriations Act to the De- tions of both Houses of Congress are notified 15 management systems program for the vaccine partment of Agriculture shall be considered esti- days in advance of such reprogramming of bank, up to $1,000,000 for wildlife services meth- mates, not limitations. funds. ods development, up to $1,000,000 of the wildlife SEC. 711. Appropriations to the Department of (b) None of the funds provided by this Act, or services operations program for aviation safety, Agriculture for the cost of direct and guaran- provided by previous Appropriations Acts to the and up to 25 percent of the screwworm program; teed loans made available in the current fiscal agencies funded by this Act that remain avail- Food Safety and Inspection Service, field auto- year shall remain available until expended to able for obligation or expenditure in the current mation and information management project; cover obligations made in the current fiscal year fiscal year, or provided from any accounts in Cooperative State Research, Education, and Ex- for the following accounts: the Rural Develop- the Treasury of the United States derived by the tension Service, funds for competitive research ment Loan Fund program account, the Rural collection of fees available to the agencies fund- grants (7 U.S.C. 450i(b)), funds for the Research, Electrification and Telecommunication Loans ed by this Act, shall be available for obligation Education, and Economics Information System, program account, and the Rural Housing Insur- or expenditure for activities, programs, or and funds for the Native American Institutions ance Fund program account. projects through a reprogramming of funds in Endowment Fund; Farm Service Agency, sala- SEC. 712. Of the funds made available by this excess of $500,000 or 10 percent, which-ever is ries and expenses funds made available to coun- Act, not more than $1,800,000 shall be used to less, that: (1) augments existing programs, ty committees; Foreign Agricultural Service, cover necessary expenses of activities related to projects, or activities; (2) reduces by 10 percent middle-income country training program, and all advisory committees, panels, commissions, funding for any existing program, project, or ac- up to $2,000,000 of the Foreign Agricultural and task forces of the Department of Agri- tivity, or numbers of personnel by 10 percent as Service appropriation solely for the purpose of culture, except for panels used to comply with approved by Congress; or (3) results from any offsetting fluctuations in international currency negotiated rule makings and panels used to general savings from a reduction in personnel exchange rates, subject to documentation by the evaluate competitively awarded grants. which would result in a change in existing pro- Foreign Agricultural Service. SEC. 713. None of the funds appropriated by grams, activities, or projects as approved by SEC. 705. The Secretary of Agriculture may this Act may be used to carry out section 410 of Congress; unless the Committees on Appropria- transfer unobligated balances of discretionary the Federal Meat Inspection Act (21 U.S.C. tions of both Houses of Congress are notified 15 funds appropriated by this Act or other avail- 679a) or section 30 of the Poultry Products In- days in advance of such reprogramming of able unobligated discretionary balances of the spection Act (21 U.S.C. 471). funds. Department of Agriculture to the Working Cap- SEC. 714. No employee of the Department of (c) The Secretary of Agriculture, the Secretary ital Fund for the acquisition of plant and cap- Agriculture may be detailed or assigned from an of Health and Human Services, or the Chairman ital equipment necessary for the delivery of fi- agency or office funded by this Act to any other of the Commodity Futures Trading Commission nancial, administrative, and information tech- agency or office of the Department for more shall notify the Committees on Appropriations nology services of primary benefit to the agen- than 30 days unless the individual’s employing of both Houses of Congress before implementing cies of the Department of Agriculture: Provided, agency or office is fully reimbursed by the re- a program or activity not carried out during the That none of the funds made available by this ceiving agency or office for the salary and ex- previous fiscal year unless the program or activ- Act or any other Act shall be transferred to the penses of the employee for the period of assign- ity is funded by this Act or specifically funded Working Capital Fund without the prior ap- ment. by any other Act.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00217 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23896 CONGRESSIONAL RECORD—HOUSE October 26, 2005

SEC. 718. With the exception of funds needed Virus and Acquired Immune Deficiency Syn- SEC. 731. None of the funds appropriated or to administer and conduct oversight of grants drome on communities, including the provision made available by this or any other Act may be awarded and obligations incurred in prior fiscal of— used to pay the salaries and expenses of per- years, none of the funds appropriated or other- (1) agricultural commodities to— sonnel to carry out subtitle I of the Consolidated wise made available by this or any other Act (A) individuals with Human Immuno- Farm and Rural Development Act (7 U.S.C. may be used to pay the salaries and expenses of deficiency Virus or Acquired Immune Deficiency 2009dd through dd–7). personnel to carry out the provisions of section Syndrome in the communities; and SEC. 732. Hereafter, agencies and offices of the 401 of Public Law 105–185, the Initiative for Fu- (B) households in the communities, particu- Department of Agriculture may utilize any un- ture Agriculture and Food Systems (7 U.S.C. larly individuals caring for orphaned children; obligated salaries and expenses funds to reim- 7621). and burse the Office of the General Counsel for sala- SEC. 719. None of the funds appropriated by (2) agricultural commodities monetized to pro- ries and expenses of personnel, and for other re- this or any other Act shall be used to pay the vide other assistance (including assistance lated expenses, incurred in representing such salaries and expenses of personnel who prepare under microcredit and microenterprise pro- agencies and offices in the resolution of com- or submit appropriations language as part of the grams) to create or restore sustainable liveli- plaints by employees or applicants for employ- President’s Budget submission to the Congress hoods among individuals in the communities, ment, and in cases and other matters pending of the United States for programs under the ju- particularly individuals caring for orphaned before the Equal Employment Opportunity Com- risdiction of the Appropriations Subcommittees children. mission, the Federal Labor Relations Authority, on Agriculture, Rural Development, Food and SEC. 726. Notwithstanding any other provision or the Merit Systems Protection Board with the Drug Administration, and Related Agencies that of law, the Natural Resources Conservation prior approval of the Committees on Appropria- assumes revenues or reflects a reduction from Service shall provide financial and technical as- tions of both Houses of Congress. the previous year due to user fees proposals that sistance— SEC. 733. None of the funds appropriated or have not been enacted into law prior to the sub- (1) from funds available for the Watershed made available by this or any other Act may be mission of the Budget unless such Budget sub- and Flood Prevention Operations program— used to pay the salaries and expenses of permission identifies which additional spending re- (A) to the Kane County, Illinois, Indian Creek sonnel to carry out section 6405 of Public Law ductions should occur in the event the user fees Watershed Flood Prevention Project, in an 107–171 (7 U.S.C. 2655). proposals are not enacted prior to the date of amount not to exceed $1,000,000; SEC. 734. None of the funds appropriated or the convening of a committee of conference for (B) for the Muskingam River Watershed, Mo- otherwise made available by this or any other the fiscal year 2007 appropriations Act. hican River, Jerome and Muddy Fork, Ohio, ob- Act shall be used to pay the salaries and ex- struction removal projects, in an amount not to SEC. 720. None of the funds made available by penses of personnel to enroll in excess of 150,000 this or any other Act may be used to close or re- exceed $1,800,000; acres in the calendar year 2006 wetlands reserve (C) to the Hickory Creek Special Drainage locate a State Rural Development office unless program as authorized by 16 U.S.C. 3837. District, Bureau County, Illinois, in an amount or until cost effectiveness and enhancement of SEC. 735. None of the funds appropriated or not to exceed $50,000; and program delivery have been determined. otherwise made available by this or any other (D) to the Little Red River Irrigation project, SEC. 721. In addition to amounts otherwise ap- Act shall be used to pay the salaries and ex- Arkansas, in an amount not to exceed $210,000; propriated or made available by this Act, penses of personnel who carry out an environ- (2) through the Watershed and Flood Preven- $2,500,000 is appropriated for the purpose of pro- mental quality incentives program authorized by tion Operations program for— viding Bill Emerson and Mickey Leland Hunger (A) the Matanuska River erosion control chapter 4 of subtitle D of title XII of the Food Fellowships, through the Congressional Hunger project in Alaska; Security Act of 1985 (16 U.S.C. 3839aa et seq.) in Center. (B) the Little Otter Creek project in Missouri; excess of $1,017,000,000. SEC. 722. Hereafter, notwithstanding section (C) the Manoa Watershed project in Hawaii; SEC. 736. None of the funds appropriated or 412 of the Agricultural Trade Development and (D) the West Tarkio project in Iowa; otherwise made available by this or any other Assistance Act of 1954 (7 U.S.C. 1736f), any bal- (E) the Steeple Run and West Branch DuPage Act shall be used to pay the salaries and ex- ances available to carry out title III of such Act River Watershed projects in DuPage County, Il- penses of personnel to expend the $23,000,000 as of the date of enactment of this Act, and any linois; and made available by section 9006(f) of the Farm recoveries and reimbursements that become (F) the Coal Creek project in Utah; Security and Rural Investment Act of 2002 (7 available to carry out title III of such Act, may (3) through the Watershed and Flood Preven- U.S.C. 8106(f)). be used to carry out title II of such Act. tion Operations program to carry out the East SEC. 737. None of the funds appropriated or SEC. 723. There is hereby appropriated Locust Creek Watershed Plan Revision in Mis- otherwise made available under this or any $1,250,000 for a grant to the National Sheep In- souri, including up to 100 percent of the engi- other Act shall be used to pay the salaries and dustry Improvement Center, to remain available neering assistance and 75 percent cost share for expenses of personnel to expend the $80,000,000 until expended. construction cost of site RW1; and made available by section 601(j)(1) of the Rural SEC. 724. The Secretary of Agriculture shall— (4) through funds of the Conservation Oper- Electrification Act of 1936 (7 U.S.C. 950bb(j)(1)). (1) as soon as practicable after the date of en- ations program provided for the Utah Conserva- SEC. 738. None of the funds made available in actment of this Act, conduct an evaluation of tion Initiative for completion of the American fiscal year 2006 or preceding fiscal years for pro- any impacts of the court decision in Harvey v. Fork water quality and habitat restoration grams authorized under the Agricultural Trade Veneman, 396 F.3d 28 (1st Cir. Me. 2005); and project in Utah. Development and Assistance Act of 1954 (7 (2) not later than 90 days after the date of en- SEC. 727. Hereafter, none of the funds made U.S.C. 1691 et seq.) in excess of $20,000,000 shall actment of this Act, submit to Congress a report available in this Act may be transferred to any be used to reimburse the Commodity Credit Cor- that— department, agency, or instrumentality of the poration for the release of eligible commodities (A) describes the results of the evaluation con- United States Government, except pursuant to a under section 302(f)(2)(A) of the Bill Emerson ducted under paragraph (1); transfer made by, or transfer authority provided Humanitarian Trust Act (7 U.S.C. 1736f–1): Pro- (B) includes a determination by the Secretary in, this or any other appropriation Act. vided, That any such funds made available to on whether restoring the National Organic Pro- SEC. 728. Notwithstanding any other provision reimburse the Commodity Credit Corporation gram, as in effect on the day before the date of of law, of the funds made available in this Act shall only be used pursuant to section the court decision described in paragraph (1), for competitive research grants (7 U.S.C. 302(b)(2)(B)(i) of the Bill Emerson Humanitarian would adversely affect organic farmers, organic 450i(b)), the Secretary may use up to 22 percent Trust Act. food processors, and consumers; of the amount provided to carry out a competi- SEC. 739. None of the funds appropriated or (C) analyzes issues regarding the use of syn- tive grants program under the same terms and otherwise made available by this or any other thetic ingredients in processing and handling; conditions as those provided in section 401 of Act shall be used to pay the salaries and ex- (D) analyzes the utility of expedited petitions the Agricultural Research, Extension, and Edu- penses of personnel to expend the $120,000,000 for commercially unavailable agricultural com- cation Reform Act of 1998 (7 U.S.C. 7621). made available by section 6401(a) of Public Law modities and products; and SEC. 729. None of the funds appropriated or 107–171. (E) considers the use of crops and forage from made available by this or any other Act may be SEC. 740. Notwithstanding subsections (c) and land included in the organic system plan of used to pay the salaries and expenses of per- (e)(2) of section 313A of the Rural Electrification dairy farms that are in the third year of organic sonnel to carry out section 14(h)(1) of the Wa- Act (7 U.S.C. 940c(c) and (e)(2)) in implementing management. tershed Protection and Flood Prevention Act (16 section 313A of that Act, the Secretary shall, SEC. 725. Hereafter, of any shipments of com- U.S.C. 1012(h)(1)). with the consent of the lender, structure the modities made pursuant to section 416(b) of the SEC. 730. None of the funds made available to schedule for payment of the annual fee, not to Agricultural Act of 1949 (7 U.S.C. 1431(b)), the the Food and Drug Administration by this Act exceed an average of 30 basis points per year for Secretary of Agriculture shall, to the extent shall be used to close or relocate, or to plan to the term of the loan, to ensure that sufficient practicable, direct that tonnage equal in value close or relocate, the Food and Drug Adminis- funds are available to pay the subsidy costs for to not more than $25,000,000 shall be made avail- tration Division of Pharmaceutical Analysis in note guarantees under that section. able to foreign countries to assist in mitigating St. Louis, Missouri, outside the city or county SEC. 741. None of the funds appropriated or the effects of the Human Immunodeficiency limits of St. Louis, Missouri. otherwise made available by this or any other

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00218 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23897 Act shall be used to pay the salaries and ex- (1) the City of Palmer, Alaska shall be eligible subchapter B of chapter 1 of subtitle D of title penses of personnel to carry out a Conservation to receive a water and waste disposal grant XII of the Food Security Act of 1985 (16 U.S.C. Security Program authorized by 16 U.S.C. 3838 under section 306(a) of the Consolidated Farm 3831 et seq.) land that is planted to hardwood et seq., in excess of $259,000,000. and Rural Development Act (7 U.S.C. 1926(a)) in trees as of the date of enactment of this Act and SEC. 742. None of the funds appropriated or an amount that is equal to not more than 75 was enrolled in the conservation reserve pro- otherwise made available by this or any other percent of the total cost of providing water and gram under a contract that expired prior to cal- Act shall be used to pay the salaries and ex- sewer service to the proposed hospital in the endar year 2002. penses of personnel to carry out section 2502 of Matanuska-Susitna Borough, Alaska; SEC. 761. Notwithstanding 40 U.S.C. 524, 571, Public Law 107–171 in excess of $43,000,000. (2) or any percentage of cost limitation in cur- and 572, the Secretary of Agriculture may sell SEC. 743. Of the unobligated balances avail- rent law or regulations, the construction the US Water Conservation Laboratory, Phoe- able in the Special Supplemental Nutrition Pro- projects known as the Tri-Valley Community nix, Arizona, and credit the net proceeds of such gram for Women, Infants, and Children reserve Center addition in Healy, Alaska; the Cold Cli- sale as offsetting collections to its Agricultural account, $32,000,000 is hereby rescinded. mate Housing Research Center in Fairbanks, Research Service Buildings and Facilities ac- SEC. 744. None of the funds appropriated or Alaska; and the University of Alaska-Fairbanks count. Such funds shall be available until Sep- otherwise made available by this or any other Allied Health Learning Center skill labs/class- tember 30, 2007 to be used to replace these facili- Act shall be used to pay the salaries and ex- rooms shall be eligible to receive Community Fa- ties and to improve other USDA-owned facili- penses of personnel to carry out section 2503 of cilities grants in amounts that are equal to not ties. Public Law 107–171 in excess of $73,500,000. more than 75 percent of the total facility costs: SEC. 762. None of the funds provided in this SEC. 745. With the exception of funds provided Provided, That for the purposes of this para- Act may be used for salaries and expenses to in fiscal year 2005, none of the funds appro- graph, the Cold Climate Housing Research Cen- draft or implement any regulation or rule inso- priated or otherwise made available by this or ter is designated an ‘‘essential community facil- far as it would require recertification of rural any other Act shall be used to carry out section ity’’ for rural Alaska; status for each electric and telecommunications 6029 of Public Law 107–171. (3) for any fiscal year and hereafter, in the borrower for the Rural Electrification and Tele- SEC. 746. Hereafter, none of the funds appro- case of a high cost isolated rural area in Alaska communication Loans program. priated or otherwise made available in this Act that is not connected to a road system, the max- SEC. 763. The Secretary of Agriculture may shall be expended to violate Public Law 105–264. imum level for the single family housing assist- use any unobligated carryover funds made SEC. 747. None of the funds appropriated or ance shall be 150 percent of the median house- available for any program administered by the otherwise made available by this or any other hold income level in the nonmetropolitan areas Rural Utilities Service (not including funds Act shall be used to pay the salaries and ex- of the State and 115 percent of all other eligible made available under the heading ‘‘Rural Com- penses of personnel to carry out a ground and areas of the State; and munity Advancement Program’’ in any Act of surface water conservation program authorized (4) any former RUS borrower that has repaid appropriation) to carry out section 315 of the by section 2301 of Public Law 107–171 in excess or prepaid an insured, direct or guaranteed loan Rural Electrification Act of 1936 (7 U.S.C. 940e). of $51,000,000. under the Rural Electrification Act, or any not- SEC. 764. There is hereby appropriated SEC. 748. None of the funds made available by for-profit utility that is eligible to receive an in- $650,000, to remain available until expended, to this Act may be used to issue a final rule in fur- sured or direct loan under such Act, shall be eli- carry out provisions of section 751 of division A therance of, or otherwise implement, the pro- gible for assistance under Section 313(b)(2)(B) of of Public Law 108–7. posed rule on cost-sharing for animal and plant such Act in the same manner as a borrower SEC. 765. (a) Notwithstanding any other provi- health emergency programs of the Animal and under such Act. sion of law, and until the receipt of the decen- Plant Health Inspection Service published on SEC. 755. There is hereby appropriated nial Census in the year 2010, the Secretary of July 8, 2003 (Docket No. 02–062–1; 68 Fed. Reg. $1,000,000, to remain available until expended, Agriculture shall consider— 40541). SEC. 749. Hereafter, notwithstanding any for a grant to the Ohio Livestock Expo Center in (1) the City of Bridgeton, New Jersey, the City other provision of law, the Secretary of Agri- Springfield, Ohio. of Kinston, North Carolina, and the City of culture may use appropriations available to the SEC. 756. Hereafter, notwithstanding the pro- Portsmouth, Ohio as rural areas for the pur- Secretary for activities authorized under sec- visions of the Consolidated Farm and Rural De- poses of Rural Housing Service Community Fa- tions 426–426c of title 7, United States Code, velopment Act (including the associated regula- cilities Program loans and grants; under this or any other Act, to enter into coop- tions) governing the Community Facilities Pro- (2) the Township of Bloomington, Illinois (in- erative agreements, with a State, political sub- gram, the Secretary may allow all Community cluding individuals and entities with projects division, or agency thereof, a public or private Facility Program facility borrowers and grant- within Township) shall be eligible for Rural agency, organization, or any other person, to ees to enter into contracts with not-for-profit Housing Service Community Facilities Programs lease aircraft if the Secretary determines that third parties for services consistent with the re- loans and grants; the objectives of the agreement will: (1) Serve a quirements of the Program, grant, and/or loan: (3) the City of Lone Grove, Oklahoma (includ- mutual interest of the parties to the agreement Provided, That the contracts protect the inter- ing individuals and entities with projects within in carrying out the programs administered by ests of the Government regarding cost, liability, the city) shall be eligible for Rural Housing the Animal and Plant Health Inspection Service, maintenance, and administrative fees. Service Community Facilities Program loans and Wildlife Services; and (2) all parties will con- SEC. 757. None of the funds appropriated or grants; tribute resources to the accomplishment of these otherwise made available by this or any other (4) the City of Butte/Silverbow, Montana, objectives; award of a cooperative agreement au- Act shall be used to pay the salaries and ex- rural areas for purposes of eligibility for Rural thorized by the Secretary may be made for an penses of personnel to carry out an Agricultural Utilities Service water and waste water loans initial term not to exceed 5 years. Management Assistance Program as authorized and grants and Rural Housing Service Commu- SEC. 750. None of the funds appropriated or by section 524 of the Federal Crop Insurance Act nity Facilities Program loans and grants; otherwise made available by this or any other in excess of $6,000,000 (7 U.S.C. 1524). (5) Cleburne County, Arkansas, rural areas Act shall be used to pay the salaries and ex- SEC. 758. Notwithstanding any other provision for purposes of eligibility of Rural Utilities Serv- penses of personnel to carry out section 9010 of of law, the Secretary of Agriculture is author- ice water and waste water loans and grants; Public Law 107–171 in excess of $60,000,000. ized to make funding and other assistance avail- (6) the designated Census track areas for the SEC. 751. Hereafter, agencies and offices of the able through the emergency watershed protec- Upper Kanawha Valley Enterprise Community, Department of Agriculture may utilize any tion program under section 403 of the Agricul- West Virginia, rural areas for purposes of eligi- available discretionary funds to cover the costs tural Credit Act of 1978 (16 U.S.C. 2203) to repair bility for rural empowerment zones and enter- of preparing, or contracting for the preparation and prevent damage to non-Federal land in wa- prise community programs in the rural develop- of, final agency decisions regarding complaints tersheds that have been impaired by fires initi- ment mission area; of discrimination in employment or program ac- ated by the Federal Government and shall waive (7) the Municipality of Carolina, Puerto Rico, tivities arising within such agencies and offices. cost sharing requirements for the funding and as meeting the eligibility requirements for Rural SEC. 752. Funds made available under section assistance. Utilities Service water and waste water loans 1240I and section 1241(a) of the Food Security SEC. 759. None of the funds appropriated or and grants; Act of 1985 in the current fiscal year shall re- otherwise made available by this or any other (8) the Municipalities of Vega Baja, Manatı´, main available until expended to cover obliga- Act shall be used to pay the salaries and ex- Guayama, Fajardo, Humacao, and Naguabo, tions made in the current fiscal year, and are penses of personnel to carry out a Biomass Re- Puerto Rico, (including individuals and entities not available for new obligations. search and Development Program in excess of with projects within the Municipalities) shall be SEC. 753. There is hereby appropriated $12,000,000, as authorized by Public Law 106–224 eligible for Rural Community Advancement Pro- $750,000, to remain available until expended, for (7 U.S.C. 7624 note). gram loans and grants and intermediate re- the Denali Commission to address deficiencies in SEC. 760. None of the funds provided in this lending programs; solid waste disposal sites which threaten to con- Act may be used for salaries and expenses to (9) the City of Hidalgo, Texas as a rural area taminate rural drinking water supplies. carry out any regulation or rule insofar as it for the purpose of the Rural Business-Coopera- SEC. 754. Notwithstanding any other provision would make ineligible for enrollment in the con- tive Service Rural Business Enterprise Grant of law— servation reserve program established under Program;

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00219 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23898 CONGRESSIONAL RECORD—HOUSE October 26, 2005 (10) the City of Elgin, Oklahoma (including the Secretary and the Federal Financing Bank properties of the National Center for Toxi- individuals and entities with projects within the approve such an extension, then the period of cological Research and the Arkansas Regional city) shall be eligible for Rural Utilities Service the existing guarantee shall also be considered Laboratory. water and waste water loans and grants; and extended. SEC. 776. Section 204(b)(3)(A) of the Child Nu- (11) the City of Lodi, California, the City of ‘‘(b) LIMITATIONS.— trition and WIC Reauthorization Act of 2004 Atchison, Kansas, and the City of Belle Glade, ‘‘(1) FEASIBILITY AND SECURITY.—Extensions (118 Stat. 781; 42 U.S.C. 1751 note) is amended Florida as rural areas for the purposes of the under this section shall not be made unless the by striking ‘‘July 1, 2006’’ and inserting ‘‘Octo- Rural Utilities Service water and waste water Secretary first finds and certifies that, after giv- ber 1, 2005’’. loans and grants. ing effect to the extension, in his judgment the SEC. 777. (a) Section 18(f)(1)(B) of the Richard SEC. 766. There is hereby appropriated security for all loans to the borrower made or B. Russell National School Lunch Act (42 U.S.C. $200,000 for a grant to Alaska Village Initiatives guaranteed under this Act is reasonably ade- 1769(f)(1)(B)) is amended— for the purpose of administering a private lands quate and that all such loans will be repaid (1) by striking ‘‘April 2004’’ and inserting wildlife management program in Alaska. within the time agreed. ‘‘June 2005’’; and SEC. 767. There is hereby appropriated ‘‘(2) EXTENSION OF USEFUL LIFE OR COLLAT- (2) in clause (ii), by striking ‘‘66.67’’ and in- $2,250,000, to remain available until expended, ERAL.—Extensions under this section shall not serting ‘‘75’’. for a grant to the Wisconsin Federation of Co- be granted unless the borrower first submits (b) The amendments made by subsection (a) operatives for pilot Wisconsin-Minnesota health with its request either— take effect on January 1, 2006. care cooperative purchasing alliances. ‘‘(A) evidence satisfactory to the Secretary SEC. 778. None of the funds in this Act may be SEC. 768. The counties of Burlington and that a Federal or State agency with jurisdiction used to retire more than 5 percent of the Class Camden, New Jersey (including individuals and and expertise has made an official determina- A stock of the Rural Telephone Bank, except in entities with projects within these counties) tion, such as through a licensing proceeding, ex- the event of liquidation or dissolution of the shall be eligible for loans and grants under the tending the useful life of a generating plant or telephone bank during fiscal year 2006, pursu- Rural Community Advancement Program for fis- transmission line pledged as collateral to or be- ant to section 411 of the Rural Electrification cal year 2006 to the same extent they were eligi- yond the new final maturity date being re- Act of 1936, as amended, or to maintain any ac- ble for such assistance during the fiscal year quested by the borrower, or count or subaccount within the accounting 2005 under section 106 of Chapter 1 of Division ‘‘(B) a certificate from an independent li- records of the Rural Telephone Bank the cre- B of Public Law 108–324 (188 Stat. 1236). censed engineer concluding, on the basis of a ation of which has not specifically been author- SEC. 769. Hereafter, notwithstanding any thorough engineering analysis satisfactory to ized by statute: Provided, That notwithstanding other provision of law, funds made available to the Secretary, that the useful life of the gener- any other provision of law, none of the funds States administering the Child and Adult Care ating plant or transmission line pledged as col- appropriated or otherwise made available in this Food Program, for the purpose of conducting lateral extends to or beyond the new final matu- Act may be used to transfer to the Treasury or audits of participating institutions, funds iden- rity date being requested by the borrower. to the Federal Financing Bank any unobligated tified by the Secretary as having been unused ‘‘(3) AMOUNT ELIGIBLE FOR EXTENSION.—Ex- balance of the Rural Telephone Bank telephone during the initial fiscal year of availability may tensions under this section shall not be granted liquidating account which is in excess of current be recovered and reallocated by the Secretary: if the principal balance extended exceeds the requirements and such balance shall receive in- Provided, That States may use the reallocated appraised value of the generating plant or terest as set forth for financial accounts in sec- funds until expended for the purpose of con- transmission line referred to in subsection para- tion 505(c) of the Federal Credit Reform Act of ducting audits of participating institutions. graph (2). 1990. SEC. 770. The Secretary of Agriculture is au- ‘‘(4) PERIOD OF EXTENSION.—Extensions under SEC. 779. There is hereby appropriated thorized and directed to quitclaim to the City of this section shall in no case result in a final ma- $6,000,000 to carry out Section 120 of Public Law Elkhart, Kansas, all rights, title and interests of turity greater than 55 years from the time of 108–265 in Utah, Wisconsin, New Mexico, Texas, the United States in that tract of land com- original disbursement and shall in no case result Connecticut, and Idaho. prising 151.7 acres, more or less, located in Mor- in a final maturity greater than the useful life SEC. 780. Section 508(a)(4)(B) of the Federal ton County, Kansas, and more specifically de- of the plant. Crop Insurance Act (7 U.S.C. 1508(a)(4)(B)) is scribed in a deed dated March 11, 1958, from the ‘‘(5) NUMBER OF EXTENSIONS.—Extensions amended by inserting ‘‘or similar commodities’’ United States of America to the City of Elkhart, under this section shall not be granted more after ‘‘the commodity’’. State of Kansas, and filed of record April 4, 1958 than once per loan advance. SEC. 781. (a) Notwithstanding subtitles B and at Book 34 at Page 520 in the office of the Reg- ‘‘(c) FEES.— C of the Dairy Production Stabilization Act of ister of Deeds of Morton County, Kansas. ‘‘(1) IN GENERAL.—A borrower that receives an 1983 (7 U.S.C. 4501 et seq.), during fiscal year SEC. 771. There is hereby appropriated extension under this section shall pay a fee to 2006, the National Dairy Promotion and Re- $2,500,000 to carry out the Healthy Forests Re- the Secretary which shall be credited to the search Board may obligate and expend funds for serve Program authorized under Title V of Pub- Rural Electrification and Telecommunications any activity to improve the environment and lic Law 108–148 (16 U.S.C. 6571–6578). Loans Program account. Such fees shall remain public health. SEC. 772. Unless otherwise authorized by exist- available without fiscal year limitation to pay (b) The Secretary of Agriculture shall review ing law, none of the funds provided in this Act, the modification costs for extensions. the impact of any expenditures under subsection may be used by an executive branch agency to ‘‘(2) AMOUNT.—The amount of the fee paid (a) and include the review in the 2007 report of produce any prepackaged news story intended shall be equal to the modification cost, cal- the Secretary to Congress on the dairy pro- for broadcast or distribution in the United culated in accordance with section 502 of the motion program established under subtitle B of States unless the story includes a clear notifica- Federal Credit Reform Act of 1990, as amended, the Dairy Production Stabilization Act of 1983 (7 tion within the text or audio of the prepackaged of such extension. U.S.C. 4501 et seq.). news story that the prepackaged news story was ‘‘(3) PAYMENT.—The borrower shall pay the SEC. 782. The Federal facility located at the prepared or funded by that executive branch fee required under this section at the time the South Mississippi Branch Experiment Station in agency. existing guarantee is extended by making a pay- Poplarville, Mississippi, and known as the SEC. 773. In addition to other amounts appro- ment in the amount of the required fee.’’. ‘‘Southern Horticultural Laboratory’’, shall be priated or otherwise made available by this Act, SEC. 775. (a) IN GENERAL.—The Secretary of known and designated as the ‘‘Thad Cochran there is hereby appropriated to the Secretary of Health and Human Services, on behalf of the Southern Horticultural Laboratory’’: Provided, Agriculture $7,000,000, of which not to exceed 5 United States may, whenever the Secretary That any reference in law, map, regulation, percent may be available for administrative ex- deems desirable, relinquish to the State of Ar- document, paper, or other record of the United penses, to remain available until expended, to kansas all or part of the jurisdiction of the States to such Federal facility shall be deemed make specialty crop block grants under section United States over the lands and properties en- to be a reference to the ‘‘Thad Cochran South- 101 of the Specialty Crops Competitiveness Act compassing the Jefferson Labs campus in the ern Horticultural Laboratory’’. of 2004 (Public Law 108–465; 7 U.S.C. 1621 note). State of Arkansas that are under the super- SEC. 783. As soon as practicable after the Agri- SEC. 774. The Rural Electrification Act of 1936 vision or control of the Secretary. cultural Research Service operations at the is amended by inserting after section 315 (7 (b) TERMS.—Relinquishment of jurisdiction Western Cotton Research Laboratory located at U.S.C. 940e) the following: under this section may be accomplished, under 4135 East Broadway Road in Phoenix, Arizona, ‘‘SEC. 316. EXTENSION OF PERIOD OF EXISTING terms and conditions that the Secretary deems have ceased, the Secretary of Agriculture shall GUARANTEE. (a) IN GENERAL.—Subject to the advisable, convey, without consideration, to the Arizona limitations in this section and the provisions of (1) by filing with the Governor of the State of Cotton Growers Association and Supima all the Federal Credit Reform Act of 1990, as Arkansas a notice of relinquishment to take ef- right, title, and interest of the United States in amended, a borrower of a loan made by the Fed- fect upon acceptance thereof; or and to the real property at that location, in- eral Financing Bank and guaranteed under this (2) as the laws of such State may otherwise cluding improvements. Act may request an extension of the final matu- provide. SEC. 784. (a) IN GENERAL.—In carrying out a rity of the outstanding principal balance of (c) DEFINITION.—In this section, the term livestock assistance, compensation, or feed pro- such loan or any loan advance thereunder. If ‘‘Jefferson Labs campus’’ means the lands and gram, the Secretary of Agriculture shall include

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00220 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23899 horses and deer within the definition of ‘‘live- with the purpose authorized in Title V of the but in no event later than the date of such meet- stock’’ covered by the program. Housing Act of 1949, as determined by the Sec- ing. (b) CONFORMING AMENDMENTS.— retary. (c) None of the funds made available in this (1) Section 602(2) of the Agricultural Act of SEC. 790. There is hereby appropriated Act may be used to make a new appointment to 1949 (7 U.S.C. 1471(2)) is amended— $140,000 to remain available until expended, for an advisory committee or panel of the Food and (A) by inserting ‘‘horses, deer,’’ after a grant to the University of Nevada at Reno; Drug Administration unless the Commissioner of ‘‘bison,’’; and $400,000 to remain available until expended for a Food and Drugs submits a quarterly report to (B) by striking ‘‘equine animals used for food grant to the Ohio Center for Farmland Policy the Inspector General of the Department of or in the production of food,’’. Innovation at Ohio State University, Columbus, Health and Human Services and the Committees (2) Section 806 of the Agriculture, Rural De- Ohio; $200,000 to remain available until ex- on Appropriations of the House and Senate on velopment, Food and Drug Administration, and pended, for a grant to Utah State University for the efforts made to identify qualified persons for Related Agencies Appropriations Act, 2001 (Pub- a farming and dairy training initiative; $500,000, such appointment with minimal or no potential lic Law 106–387; 114 Stat. 1549A–51) is amended to remain available until expended, for a grant conflicts of interest. by inserting ‘‘(including losses to elk, reindeer, to the Nueces County, Texas Regional Fair- SEC. 796. Section 274(a)(1) of the Immigration bison, horses, and deer)’’ after ‘‘livestock ground; and $350,000 to provide administrative and Nationality Act (8 U.S.C. 1324(a)(1)) is losses’’. support for a world hunger organization: Pro- amended by adding at the end the following: (3) Section 10104(a) of the Farm Security and vided, That none of the funds may be used for ‘‘(C) It is not a violation of clauses (ii) or (iii) Rural Investment Act of 2002 (7 U.S.C. 1472(a)) a monetary award to an individual. of subparagraph (A), or of clause (iv) of sub- is amended by striking ‘‘and bison’’ and insert- SEC. 791. There is hereby appropriated paragraph (A) except where a person encour- ing ‘‘bison, horses, and deer’’. $1,000,000 to establish a demonstration inter- ages or induces an alien to come to or enter the (4) Section 203(d)(2) of the Agricultural Assist- mediate relending program for the construction United States, for a religious denomination hav- ance Act of 2003 (Public Law 108–7; 117 Stat. and rehabilitation of housing for the Mississippi ing a bona fide nonprofit, religious organization 541) is amended by striking ‘‘and bison’’ and in- Band of Choctaw Indians: Provided, That the in the United States, or the agents or officers of serting ‘‘bison, horses, and deer’’. interest rate for direct loans shall be 1 percent: such denomination or organization, to encour- (c) APPLICABILITY.— Provided further, That no later than one year age, invite, call, allow, or enable an alien who (1) IN GENERAL.—This section and the amend- after the establishment of this program the Sec- is present in the United States to perform the ments made by this section apply to losses re- retary shall provide the Committees on Appro- vocation of a minister or missionary for the de- sulting from a disaster that occurs on or after priations with a report providing information on nomination or organization in the United States July 28, 2005. the program structure, management, and gen- as a volunteer who is not compensated as an (2) PRIOR LOSSES.—This section and the eral demographic information on the loan re- employee, notwithstanding the provision of amendments made by this section do not apply cipients. room, board, travel, medical assistance, and to losses resulting from a disaster that occurred SEC. 792. Section 285 of the Agriculture Mar- other basic living expenses, provided the min- before July 28, 2005. keting Act of 1946 (7 U.S.C. 1638d) is amended ister or missionary has been a member of the de- SEC. 785. Amounts made available for the by striking ‘‘2006’’ and inserting ‘‘2008’’. nomination for at least one year.’’. Plant Materials Center in Fallon, Nevada, SEC. 793. None of the funds appropriated or SEC. 797. (a) Section 2111(a)(1) of the Organic under the heading ‘‘CONSERVATION OPERATIONS’’ otherwise made available by this Act shall be Foods Production Act of 1990 (7 U.S.C. under the heading ‘‘NATURAL RESOURCES CON- used to pay salaries and expenses of personnel 6510(a)(1)) is amended by inserting ‘‘not appear- SERVATION SERVICE’’ of title II of the Agri- who implement or administer Section 508(e)(3) of ing on the National List’’ after ‘‘ingredient’’. culture, Rural Development, Food and Drug Ad- the Federal Crop Insurance Act (7 U.S.C. (b) Section 2118 of the Organic Foods Produc- ministration, and Related Agencies Appropria- 1508(e)(3)) or any regulation, bulletin, policy or tion Act of 1990 (7 U.S.C. 6517) is amended— tions Act, 2005 (Public Law 108–447; 118 Stat. agency guidance issued pursuant to Section (1) in subsection (c)(1)— 2823) shall remain available until expended. 508(e)(3) of such Act for the 2007 reinsurance (A) in the paragraph heading, by inserting SEC. 786. None of the funds made available in year. ‘‘IN ORGANIC PRODUCTION AND HAN- this Act may be used to study, complete a study SEC. 794. Effective 120 days after the date of DLING OPERATIONS’’ after ‘‘SUBSTANCES’’; of, or enter into a contract with a private party enactment of this Act, none of the funds made (B) in subparagraph (B)— to carry out, without specific authorization in a available in this Act may be used to pay the sal- (i) in clause (i), by inserting ‘‘or’’ at the end; subsequent Act of Congress, a competitive aries or expenses of personnel to inspect horses and sourcing activity of the Secretary of Agriculture, under section 3 of the Federal Meat Inspection (ii) in clause (ii), by striking ‘‘or’’ at the end including support personnel of the Department Act (21 U.S.C. 603) or under the guidelines and inserting ‘‘and’’; and of Agriculture, relating to rural development or issued under section 903 the Federal Agriculture (C) by striking clause (iii); and farm loan programs. Improvement and Reform Act of 1996 (7 U.S.C. (2) in subsection (d), by adding at the end the SEC. 787. None of the funds made available 1901 note; Public Law 104–127). following: under this Act shall be available to pay the ad- SEC. 795. (a) Subject to subsection (b), none of ‘‘(6) EXPEDITED PETITIONS FOR COMMERCIALLY ministrative expenses of a State agency that, the funds made available in this Act may be UNAVAILABLE ORGANIC AGRICULTURAL PRODUCTS after the date of enactment of this Act and prior used to— CONSTITUTING LESS THAN 5 PERCENT OF AN OR- to receiving certification in accordance with the (1) grant a waiver of a financial conflict of in- GANIC PROCESSED PRODUCT.—The Secretary may provisions set forth in section 17(h)(11)(E) of the terest requirement pursuant to section 505(n)(4) develop emergency procedures for designating Child Nutrition Act of 1966, authorizes any new of the Federal Food, Drug, and Cosmetic Act (21 agricultural products that are commercially unfor-profit vendor(s) to transact food instruments U.S.C. 355(n)(4)) for any voting member of an available in organic form for placement on the under the Special Supplemental Nutrition Pro- advisory committee or panel of the Food and National List for a period of time not to exceed gram for Women, Infants, and Children (WIC) if Drug Administration; or 12 months.’’. it is expected that more than 50 percent of the (2) make a certification under section 208(b)(3) (c) Section 2110(e)(2) of the Organic Foods annual revenue of the vendor from the sale of of title 18, United States Code, for any such vot- Production Act of 1990 (7 U.S.C. 6509(e)(2)) is food items will be derived from the sale of sup- ing member. amended— plemental foods that are obtained with WIC (b) Subsection (a) shall not apply to a waiver (1) by striking ‘‘A dairy’’ and inserting the food instruments, except that the Secretary may or certification if— following: approve the authorization of such a vendor if (1) not later than 15 days prior to a meeting ‘‘(A) IN GENERAL.—Except as provided in sub- the approval is necessary to assure participant of an advisory committee or panel to which such paragraph (B), a dairy’’; and access to program benefits. waiver or certification applies, the Secretary of (2) by adding at the end the following: SEC. 788. Of the unobligated balances under Health and Human Services discloses on the ‘‘(B) TRANSITION GUIDELINE.—Crops and for- section 32 of the Act of August 24, 1935, Internet website of the Food and Drug Adminis- age from land included in the organic system $37,601,000 are hereby rescinded. tration— plan of a dairy farm that is in the third year of SEC. 789. None of the funds provided in this (A) the nature of the conflict of interest at organic management may be consumed by the Act may be obligated or expended for any activ- issue; and dairy animals of the farm during the 12-month ity the purpose of which is to require a recipient (B) the nature and basis of such waiver or period immediately prior to the sale of organic of any grant that was funded in Public Law certification (other than information exempted milk and milk products.’’. 102–368 and Public Law 103–50 for ‘‘Rural Hous- from disclosure under section 552 of title 5, SEC. 798. (a) AMENABLE SPECIES.—The Federal ing for Domestic Farm Labor’’ in response to United States Code (popularly known as the Meat. Inspection Act (21 U.S.C. 601 et seq.) is Hurricane Andrew to pay the United States any Freedom of Information Act)); or amended— portion of any interest earned with respect to (2) in the case of a conflict of interest that be- (1) by striking ‘‘cattle, sheep, swine, goats, such grants: Provided, That such funds are ex- comes known to the Secretary less than 15 days horses, mules, and other equines’’ each place it pended by the grantee within 18 months of the prior to a meeting to which such waiver or cer- appears and inserting ‘‘amenable species’’; date of enactment of this section for the pur- tification applies, the Secretary shall make such (2) in section 1, by adding at the end the fol- poses of providing farm labor housing consistent public disclosure as soon as possible thereafter, lowing new subsection:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00221 Fmt 0688 Sfmt 6333 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23900 CONGRESSIONAL RECORD—HOUSE October 26, 2005

‘‘(w) The term ‘amenable species’ means— (b) REFERENCES.—Any reference in a law, TITLE I—AGRICULTURAL PROGRAMS ‘‘(1) those species subject to the provisions of map, regulation, document, paper, or other PRODUCTION, PROCESSING, AND MARKETING the Act on the day before the date of the enact- record of the United States to the ‘‘Gaylord A. OFFICE OF THE SECRETARY ment of the Agriculture, Rural Development, Nelson National Wilderness’’ shall be deemed to The conference agreement provides Food and Drug Administration, and Related be a reference to the ‘‘Gaylord A. Nelson Wilder- $5,127,000 for the Office of the Secretary as Agencies Appropriations Act, 2006; and ness’’.’’ ‘‘(2) any additional species of livestock that proposed by the House and the Senate. the Secretary considers appropriate.’’; and This Act may be cited as the ‘‘Agriculture, The conference agreement provides the fis- (3) in section 19— Rural Development, Food and Drug Administra- cal year 2005 funding level for cross-cutting (A) by striking ‘‘horses, mules, or other tion, and Related Agencies Appropriations Act, trade negotiations and biotechnology re- equines’’ and inserting ‘‘species designated by 2006’’. sources in the following accounts: Office of regulations in effect on the day before the date And the Senate agree to the same. the Secretary; Animal and Plant Health In- spection Service; Grain Inspection, Packers of the enactment of the Agriculture, Rural De- HENRY BONILLA, and Stockyards Administration; and the velopment, Food and Drug Administration and JACK KINGSTON, Foreign Agricultural Service. Related Agencies Appropriations Act, 2006’’; TOM LATHAM, The conferees appreciate receiving the de- and JO ANN EMERSON, (B) by striking ‘‘cattle, sheep, swine, or tailed information provided in the Explana- VIRGIL GOODE, JR., goats’’ and inserting ‘‘other amenable species’’. tory Notes prepared by the Department and RAY LAHOOD, (b) EFFECTIVE DATE.—The amendments made rely heavily on this information when con- JOHN T. DOOLITTLE, by subsection (a) shall take effect of the day sidering budget proposals. These materials RODNEY ALEXANDER, after the effective date of section 794 of the Agri- have traditionally been prepared for the sole JERRY LEWIS, culture, Rural Development, Food and Drug Ad- use of the Committees on Appropriations in Managers on the part of the House. ministration, and Related Agencies Appropria- a format consistent with the organization tions Act, 2006. R.F. BENNETT, and operation of the programs and the struc- SEC. 799. Public Law 109–54, the Department THAD COCHRAN, ture of the Appropriations Act. At the direc- of the Interior, Environment, and Related Agen- ARLEN SPECTER, tion of the Office of Management and Budg- cies Appropriations Act, 2006 is amended as fol- CHRIS BOND, et, the Department has changed the format lows: MITCH MCCONNELL, and content of these materials to focus on (a) Under the heading National Park Service, TED STEVENS, broader goals and objectives rather than the Construction by: HERB KOHL, major program structure followed in the Act, (1) Striking ‘‘of which’’ after ‘‘$301,291,000, to DIANNE FEINSTEIN, and in the actual conduct of the programs. remain available until expended,’’ and inserting RICHARD DURBIN, The new organization and content does not in lieu thereof ‘‘and’’; MARY LANDRIEU, present budget information in a format use- (2) In the sixth proviso, striking ‘‘hereinafter’’ ROBERT C. BYRD, ful to the deliberations of the Committees. and inserting in lieu thereof ‘‘hereafter’’ and, Managers on the part of the Senate. For fiscal year 2007 and future years, the De- after ‘‘Annex’’, inserting ‘‘and the Blue Ridge partment is directed to present Explanatory Parkway Regional Destination Visitor Center’’; JOINT EXPLANATORY STATEMENT OF THE Notes in a format consistent with the pres- and COMMITTEE OF CONFERENCE (3) In the seventh proviso, striking ‘‘solicita- entation used for the fiscal year 2002 Budget. tion and contract’’ and inserting in lieu thereof The managers on the part of the House and Any deviations from that format are to be ‘‘solicitations and contracts’’; Senate at the conference on the disagreeing approved in advance by the Committees. (b) Under the heading National Park Service, votes of the two Houses on the amendment The conferees direct the Secretary to ad- Land Acquisition and State Assistance by strik- of the Senate to bill (H.R. 2744), making ap- vise the Committees on Appropriations in ing ‘$74,824,000’’ and inserting in lieu thereof propriations for Agriculture, Rural Develop- writing of the status of all reports requested ‘‘$64,909,000’’; ment, Food and Drug Administration, and of the Department by the committees, at the (c) Under the heading Departmental Manage- Related Agencies programs for the fiscal time of submission of the fiscal year 2007 ment, Salaries and Expenses by striking year ending September 30, 2006 and for other budget and quarterly thereafter. ‘‘$127,183,000’’ and inserting in lieu thereof purposes, submit the following joint state- The conferees are concerned by protocols ‘‘$117,183,000’’; ment to the House and Senate in explanation employed by various food aid agencies re- (d) Under the heading Title II—Environ- of the effect of the action agreed upon by the lated to measuring the quality of food prod- mental Protection Agency, State and Tribal As- managers and recommended in the accom- ucts offered for international humanitarian sistance Grants by: panying conference report. assistance. The Secretary is encouraged to (1) Before the period at the end of the first work with appropriate organizations to de- paragraph, inserting ‘‘: Provided further, That CONGRESSIONAL DIRECTIVES termine what actions may be proper to im- of the funds made available under this heading prove the nutritional integrity of food aid in Division I of Public Law 108–447, $300,000 is The statement of the managers remains si- commodities and the consistency of testing for the Haleyville, AL, North Industrial Area lent on provisions that were in both the methods. The Secretary is further encour- Water Storage Tank project: Provided further, House and Senate bills that remain un- aged, if appropriate, to work with groups ex- That the referenced statement of the managers changed by this conference agreement, experienced in food aid quality and tracking under the heading Environmental Protection cept as noted in this statement of the man- systems to carry out authorities provided in Agency, State and Tribal Assistance Grants in agers. section 3013 of Public Law 107–171. The Com- Public Law 107–73, in reference to item 184, is The conferees agree that executive branch mittees on Appropriations expect a report on deemed to be amended by striking ‘‘$2,000,000’’ wishes cannot substitute for Congress’ own this subject no later than March 1, 2006. and inserting in lieu thereof ‘‘$29,945’’ and by statements as to the best evidence of con- The conferees are aware of the various inserting after ‘‘improvements’’: ‘‘, $500,000 to gressional intentions-that is, the official re- USDA agencies that were affected by Hurri- the City of Sheridan for water system improve- ports of the Congress. The conferees further canes Katrina, Rita, and other storm events ments, $500,000 to Meagher County/Martinsdale point out that funds in this Act must be used in recent months. As a result of the disloca- Water and Sewer District for Martinsdale Water for the purposes for which appropriated, as tion of many individuals employed by these System Improvements, and $970,055 to the City required by section 1301 of title 31 of the agencies, the conferees expect the Depart- of Bozeman for Hyalite Waterline and Intake’’; United States Code, which provides: ‘‘Appro- ment to initiate all safe harbor means avail- and priations shall be applied only to the objects able to ensure safe and adequate relief and (2) In the second paragraph, striking the word for which the appropriations were made ex- recovery for these employees until full res- ‘‘original’’; cept as otherwise provided by law.’’ toration of agency facilities is complete and (e) Under the heading Forest Service, Land agency personnel are able to return to their The House and Senate report language Acquisition by striking ‘‘land that are encum- homes. The conferees expect the Secretary that is not changed by the conference is ap- bered’’ and all that follows through ‘‘under this to provide a report to the Committees on Ap- proved by the committee of conference. The section,’’ and inserting in lieu thereof ‘‘lands propriations of the House and Senate on ac- statement of the managers, while repeating that are encumbered by unpatented claims actions taken in this regard by March 1, 2006. some report language for emphasis, does not quired under this section, or with previously ap- The conferees take note of the heightened intend to negate the language referred to propriated funds,’’; and awareness and concern surrounding the po- (f) At the end of Title IV—General Provisions, above unless expressly provided herein. tential for an avian flu pandemic. The Sec- insert the following: In cases in which the House or the Senate retary is directed to instruct all agencies ‘‘SEC. 440. REDESIGNATION OF WILDERNESS. have directed the submission of a report, with jurisdiction over possible introduction (a) REDESIGNATION.—Section 140(c)(4) of Divi- such report is to be submitted to both the of foreign animal disease into this country sion E of Public Law 108–447 is amended by House and Senate Committees on Appropria- to take all necessary steps, including in- striking ‘‘National’’. tions. creased surveillance and ensuring they have

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00222 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23901 all the necessary authorities to provide the which annually awards the World Food Prize FSA specific ...... 74,000 greatest level of safeguard against the intro- for outstanding work in the field of humani- NRCS specific ...... 11,137 duction of highly pathogenic avian flu into tarian food assistance, and encourages the RD specific ...... 4,000 the United States. The Secretary is further Secretary to work with this organization in Interagency e-Gov ...... 1,200 directed to report to the Committees on Ap- any form appropriate to support its activi- propriations of the House and Senate on this ties and to further its goal of relieving world $110,072 subject by March 1, 2006. hunger. The Secretary is directed to report OFFICE OF THE CHIEF FINANCIAL OFFICER The conferees remain committed to pro- to the Committees by March 1, 2006, on ways The conference agreement provides vide funding for federal, state university, in which the Department can participate in $5,874,000 for the Office of the Chief Financial and other arenas of research and develop- support of this organization. Officer as proposed by the House and the ment activities to support U.S. agriculture. The conferees are aware that the Depart- Senate. Given current budget constraints, this con- ment intends to release an interim report on The conferees direct USDA to work with ference agreement provides the highest lev- a feasibility study on converting sugar into the Office of Management and Budget and els of funding possible for various research ethanol by December 15, 2005. The conferees the Office of Personnel Management to in- programs under the jurisdiction of this Act. encourage the Department to release the investigate the feasibility of creating a public/ In addition, the conferees urge the Sec- terim report to Congress by December 15, private partnership to help leverage scarce retary, and others in the Executive Branch, 2005 and final report not later that July 1, federal resources to expand upon the existing to increase public sector investment in this 2006. e-payroll program to include such functions important area. The conferees are aware that the state of as automated data processing, cross-serv- The conference agreement does not include Texas has recently entered into a contract to icing capabilities, and other beneficial serv- language proposed by the Senate which privatize certain operations of the Food ices to federal agencies. The conferees en- would have conditioned imports of beef from Stamp program. It is the conferees’ under- courage the Secretary to continue these ex- Japan until that country takes steps toward standing that USDA has worked with the pansions and to give close consideration for opening its market to U.S. beef products. State in order to ensure that this contract the continuity of National Finance Center Nonetheless, the conferees strongly urge the will not result in a higher food stamp error (NFC) operations in Louisiana. Secretary to continue ongoing negotiations rate or reduced access to the program. The conferees commend the employees of with the Japanese government to open this Therefore, the conferees direct the Secretary the NFC in suburban New Orleans for their important market. The conferees are encour- to provide quarterly reports, beginning 30 outstanding work in continuing the payrolls aged by recent movement in these negotia- days after enactment of this Act, on the sta- and cross-servicing operations of more than tions, but clearly reserve the right to impose tus of this contract, including the effects it 130 government agencies during the devasta- restrictions similar to those suggested by is having on program access, error rates, and tion of Hurricane Katrina. The conferees the Senate if there is not a swift resolution spending on administrative expenses. note that several hundred NFC employees to this issue. EXECUTIVE OPERATIONS have been relocated to other work sites be- The conferees direct the Secretary to sub- CHIEF ECONOMIST cause of hurricane damage and directs the mit to the Committees on Appropriations of Secretary to report to the Committees on The conference agreement provides the House and Senate, as a supplement to Appropriations by January 31, 2006 on the $10,539,000 for the Office of the Chief Econo- the President’s fiscal year 2007 budget re- continuity of operations of the NFC and the mist as proposed by the House and the Sen- quest, a report on measures identified to ad- reestablishment of payroll and cross-serv- ate. dress bark beetle infestations. This report icing operations and functions in New Orle- should include information regarding re- NATIONAL APPEALS DIVISION ans and plans for back-up facilities. sources identified in the fiscal year 2007 The conference agreement provides WORKING CAPITAL FUND budget request, including assistance under $14,524,000 for the National Appeals Division, The conference agreement includes a gen- the authorities of the Healthy Forests Res- as proposed by the House and the Senate. eral provision that authorizes the Secretary toration Act of 2003, relating to bark beetles. OFFICE OF BUDGET AND PROGRAM ANALYSIS to transfer unobligated balances of other ac- It is expected that the Secretary of Agri- The conference agreement provides counts to the Working Capital Fund. culture shall coordinate these activities with $8,298,000 for the Office of Budget and Pro- the Secretary of the Interior. OFFICE OF THE ASSISTANT SECRETARY FOR gram Analysis as proposed by the House and CIVIL RIGHTS The conferees remain aware of public at- the Senate. tention to animal health issues, especially The conference agreement provides $821,000 those that have implications for food safety HOMELAND SECURITY STAFF for the Office of the Assistant Secretary for and other aspects of human public health The conference agreement provides $934,000 Civil Rights as proposed by the Senate in- issues. Following the discovery of a BSE-infor Homeland Security Staff as proposed by stead of $811,000 as proposed by the House. fected cow in Washington State in December the House instead of $1,166,000 as proposed by OFFICE OF CIVIL RIGHTS the Senate. of 2003, the Secretary of Agriculture imposed The conference agreement provides a ban on the entry of non-ambulatory beef OFFICE OF THE CHIEF INFORMATION OFFICER $20,109,000 for the Office of Civil Rights as cattle into the food supply. The conferees The conference agreement provides proposed by the House and the Senate. note the continuing strong interest among $16,462,000 for the Office of the Chief Informa- OFFICE OF THE ASSISTANT SECRETARY FOR the American consuming public regarding tion Officer as proposed by the House instead ADMINISTRATION this policy and direct the Secretary to notify of $16,726,000 as proposed by the Senate. and closely confer with the Committees on The conference agreement provides $676,000 COMMON COMPUTING ENVIRONMENT Appropriations of the House and Senate, and for the Office of the Assistant Secretary for appropriate authorizing committees, before The conference agreement provides Administration as proposed by the House the Department takes any actions that $110,072,000 for common computing environ- and the Senate. would weaken this safeguard. In addition, ment instead of $60,725,000 as proposed by the AGRICULTURE BUILDINGS AND FACILITIES AND the conferees encourage the Secretary to ini- House and $118,072,000 as proposed by the RENTAL PAYMENTS Senate. tiate an Advanced Notice of Proposed Rule- The conference agreement provides The conferees direct the Department to making on this subject. Finally, the con- $187,734,000 for agriculture buildings and fa- continue reporting to the Committees on Ap- ferees urge the Secretary to continue efforts cilities and rental payments as proposed by propriations on a quarterly basis on the im- for enhanced surveillance of animal health the Senate instead of $183,133,000 as proposed plementation of the common computing en- through sampling tissues and other mate- by the House. The conference agreement pro- vironment. rials retrieved from rendering facilities or vides an increase of $4,601,000 for building op- Since fiscal year 2000, Congress has appro- places where non-ambulatory animals are erations and maintenance to be applied to priated over $500,000,000 for the moderniza- otherwise disposed. the highest priority needs for which addition and integration of information systems The conferees recognize the importance of tional funding was requested. in USDA’s county field offices. The conferees public and private contributions to relieve HAZARDOUS MATERIALS MANAGEMENT world hunger. Human suffering related to have fully supported this effort, but will ex- food shortages resulting from famine, nat- pect to see reduced or level funding levels for The conference agreement provides ural disaster, civil unrest, and similar cir- this account in future budget submissions as $12,000,000 for Hazardous Materials Manage- cumstances is one of the greatest tragedies a result of anticipated efficiencies and ment as proposed by the Senate instead of of current times. Further, world hunger com- economies of scale. $15,644,000 as proposed by the House. plicates international relations where civil The following table reflects the conference DEPARTMENTAL ADMINISTRATION unrest leads to national destabilization and agreement’s recommendation: The conference agreement provides sympathies toward terrorist organizations. [Dollars in thousands] $23,103,000 for Departmental Administration The conferees are aware of the organization CCE base infrastructure .... $ 19,735 as proposed by the House and the Senate.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00223 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23902 CONGRESSIONAL RECORD—HOUSE October 26, 2005

OFFICE OF THE ASSISTANT SECRETARY FOR Service, Salaries and Expenses, instead of ucts—Wyndmoor, PA, $250,000, Athens, GA, CONGRESSIONAL RELATIONS $1,035,475,000 as proposed by the House and $150,000; Identification of Toxic Chemical The conference agreement provides $1,109,981,000 as proposed by the Senate. Residues and Heavy Metals—Beltsville, MD, $3,821,000 for the Office of the Assistant Sec- The conferees note that the Agricultural $125,000; and, Biological Toxins—Albany, CA, retary for Congressional Relations as pro- Research Service has had the authority to $150,000. posed by the House instead of $3,846,000 as construct certain buildings provided by 7 Bovine Spongiform Encephalopathy (BSE) proposed by the Senate. U.S.C. 2250 for several years. The conferees Research—Implement an Integrated Zoonotic Research Program (BSE) in Patho- OFFICE OF COMMUNICATIONS direct the Agricultural Research Service to notify the Committees on Appropriations on genesis, Diagnostics, and Intervention— The conference agreement provides the use of this authority on a semi-annual Ames, IA, (Risk Assessment of BSE) $900,000; $9,509,000 for the Office of Communications basis beginning January 1, 2006. Albany, CA, (Pathophysiology of BSE) as proposed by the House and the Senate. $450,000; Pullman, WA, $500,000; Ames, IA, The conferees direct the Office of Commu- The conferees expect the agency to promptly implement programs and allocate (Pre-Clinical Live Animal Test) $250,000; and, nications to continue providing the Commit- Albany, CA, (Prion Deactivation for Decon- tees with copies of open source news mate- funds provided for the purposes identified by the Congress. tamination of Feed) $250,000. rial made available to USDA officials Obesity/Nutrition—Understanding Dietary In complying with the conferees’ direc- through the use of appropriated funds. Patterns That Contribute to Obesity in Low tives, ARS is expected not to redirect sup- OFFICE OF THE INSPECTOR GENERAL Socioeconomic and Minority Populations in port for programs from one State to another the U.S.—Beltsville, MD, $250,000; Determine The conference agreement provides without prior notification to and approval of $80,336,000 for the Office of the Inspector Gen- the Energy and Nutrient Content of Foods the Committees on Appropriations in accord- Consumed by U.S. Minority Populations— eral instead of $79,626,000 as proposed by the ance with the reprogramming procedures House and $81,045,000 as proposed by the Sen- Grand Forks, ND, $200,000; Address the Obe- specified in this Act. Unless otherwise di- sity Epidemic and Promote a Healthier Life- ate. rected, the agency shall implement appro- The conference agreement includes a pro- style—Davis, CA, $150,000; Boston, MA, priations by programs, projects, and activi- gram increase of $1,010,000, for computer $150,000; Little Rock, AR, $150,000; Houston, ties as specified by the Appropriations Com- forensics evidence storage and other high TX, $200,000; Baton Rogue, LA, $200,000; and, mittees. Unspecified reductions necessary to priority budgeted increases. Grand Forks, ND, $70,000. carry out the provisions of this Act are to be Invasive Species—Conduct Research to OFFICE OF THE GENERAL COUNSEL implemented in accordance with the defini- Control Sudden Oak Death, Tamarisk, Emer- The conference agreement provides tions contained in the ‘‘Program, Project, ald Ash Borer, Yellow Starthistle, Asian $39,351,000 for the Office of the General Coun- and Activity’’ section of this Act. Long Horned Beatle, Lobate Lac Scale, Swal- sel instead of $38,439,000 as proposed by the The conference agreement continues the low—Worts, and Teasel—Corvalis, OR, House and $40,263,000 as proposed by the Sen- fiscal year 2005 level of funding for all re- $150,000; Ft. Detrick, MD, $150,000; Newark, ate. search projects proposed to be terminated in DE, $137,500; Ithaca, NY, $150,000; Ft. Lauder- The conference agreement provides an in- the President’s budget as provided in House dale, FL, $75,000; Reno, NV, $200,000; Develop crease of $2,908,000 for 2 staff years for addi- Report 109–102 and Senate Report 109–92 ac- IPM Components and Systems for Invasive tional legal services for the Marketing and companying the fiscal year 2006 Agriculture Insects—Mt. Pellier, France, $100,000; Peoria, Regulatory Programs and for the highest Appropriations bills, including hyperspectral IL, $100,000; Columbia, MO, $100,000; Improve priority needs for which additional funding imaging in New Orleans, LA. Taxonomic Knowledge of Invasive Species— was requested. The conferees have agreed to fund budg- Beltsville, MD, $150,000; and, Identify the OFFICE OF THE UNDER SECRETARY FOR eted increases for the following areas of re- Genes in the Red Invasive Fire Ant and De- RESEARCH, EDUCATION AND ECONOMICS search: velop Better Bait Controls—Gainesville, FL, The conference agreement provides $598,000 Emerging Diseases of Livestock/Crops—De- $150,000. for the Office of the Under Secretary for Re- velop Systems for Rapid Response to Bioter- Air and Water Quality—Reduce Gaseous search, Education and Economics as pro- rorism Agents—Laramie, WY, $250,000; Ath- Particulate Matter Emissions from Animal posed by the House and the Senate. ens, GA, $175,000; Vaccinology Research for Feeding Operations—Bushland, TX, $150,000. Biobased Products/Bioenergy Research— ECONOMIC RESEARCH SERVICE Control and Eradication of Biological Threat Agents—Ames, IA, $450,000; Plum Island, NY, Improve the Quality and Quantity of Agri- The conference agreement provides (Antigen Delivery Systems) $250,000; Plum cultural Biomass Feedstock for Production $75,931,000 for the Economic Research Service Island, NY, (Foot and Mouth Disease) of Energy and Biobased Products—Peoria, as proposed by the House instead of $150,000; Advance Intervention Strategies for IL, $250,000; Develop Technologies to Produce $78,549,000 as proposed by the Senate. Emerging Diseases of Livestock and Poul- Biofuels and Co products from Agricultural The conference agreement provides an in- Commodities and Byproducts—Beltsville, crease of $1,000,000, of which $350,000 is for an try—Ames, IA, $300,000; Develop Diagnostics for Rapid, Practical, Identification of Patho- MD, $150,000; Wyndmoor, PA, $150,000; and, agreement with the National Academy of Develop Technologies Leading to New Value Sciences to conduct a comprehensive report gens—Parlier, CA, $150,000; Ft. Pierce, FL, $150,000; Salinas, CA, $175,000; Develop Tax- Added Products from Food Animal Byprod- on the economic development and current ucts—Wyndmoor, PA, $162,500. status of the sheep industry in the United onomy, Biology, and Genetics of Pathogens— St. Paul, MN, Pullman, WA, others (Wheat Genetic Resources—Genetic Resource En- States and $650,000 is to be applied to the hancement—Aberdeen, ID, $100,000; Miami, highest priority needs for which additional Stripe Initiative), $500,000; Pullman, WA (Rust Disease of Wheat), $175,000; Ft. Pierce, FL, $125,000; Raleigh, NC, $125,000; Madison, funding was requested. WI, $125,000; Genetic Resource Acquisition, Also, within the funds provided, the con- FL, $300,000; Develop Science-Based Fore- casting Systems for Each Pathogen/Crop Maintenance, and Characterization—Stutt- ferees expect not later than 90 days after the gart, AR, $125,000; Ft. Collins, CO, $125,000; Combination—Ft. Detrick, MD, $250,000; De- date of enactment of this Act, the Secretary and, Ithaca, NY, $125,000. velop Integrated Disease Management Strat- of Agriculture, in cooperation with the Sec- Genomics—Collect Phenotypic Data and retary of Energy, to provide to the Commit- egies and Tools—Stoneville, MS, $240,000; Use Genome Sequence—Derived Markers to tees on Appropriations of both Houses of Ames, IA, $150,000; Raleigh, NC, $150,000; Ur- Characterize Available Germplasm of Eco- Congress, a report that describes the impact bana, IL, $150,000; Charleston, SC, $50,000; nomic Importance in Food Animals—Miles of increased prices of gas, natural gas, and and, Tifton, GA, $50,000. City, MT, $150,000; Identify and Characterize diesel on agricultural producers, ranchers, Food Safety—Develop Food Animal Sur- Genes That Affect Feed Efficiency, Repro- and rural communities. veillance and Epidemiology Programs for duction, Animal Well-being, Disease Resist- Early Detection of Epizootic Pathogens and NATIONAL AGRICULTURAL STATISTICS SERVICE ance Product Quality, and Other Economi- Antibiotic Resistance—Athens, GA, $250,000; cally Important Production Traits in Food The conference agreement provides Beltsville, MD, $250,000; Genomics to Analyze $140,700,000 for the National Agricultural Animals—Clay Center, NE, $350,000; Dis- Microbial Communities to Control Food cover, Characterize and Localize Genes that Statistics Service instead of $136,241,000 as Pathogens in Preharvest Stage—Clay Center, proposed by the House and $145,159,000 as pro- Medicate Expression of Economically Impor- NE, $50,000; College Station, TX, $50,000; tant Traits in Plants—Salinas, CA, $112,500; posed by the Senate. Fungal Genomics to Identify Improved Con- The conference agreement provides an in- St. Paul, MN, $200,000; and Baton Rogue, LA, trol Strategies for Mycotoxins—New Orle- crease of $5,367,000 for agricultural estimates $375,000. ans, LA, $150,000; Develop Sampling Systems to be applied to the highest priority needs Characterize Functional Products of Im- and Protocols in Detecting Intentional Con- for which additional funding was requested. portant Genes That Influence Productivity tamination—Beltsville, MD, $150,000; Develop and Product Quality in Plants—Manhattan, AGRICULTURAL RESEARCH SERVICE Rapid Systems to Maximize Detection Po- KS, $150,000. SALARIES AND EXPENSES tential of Pathogens in Foods—Albany, CA, Agricultural Information—Ensure Long- The conference agreement provides $50,000; Develop Detection and Processing term Access to National Digital Library for $1,135,004,000 for the Agricultural Research Intervention Systems for Liquid Egg Prod- Agriculture—Beltsville, MD, $200,000.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00224 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23903 The conference agreement includes in- Products, Oxford, MS—$180,000; Northeast Genomics Research Center (Davis, Cali- creased funding in fiscal year 2006 to expand Plant Soil and Water Lab, Orono, ME— fornia), $3,625,000; U.S. Agricultural Research the following research projects: Agroforestry $80,000; NutriCore, National Center for Excel- Station (Salinas, California), $3,625,000; U.S. (Shiitake Mushroom, $50,000), Booneville, lence in Foods and Nutrition Research— Pacific Basin Agricultural Research Center AR—$130,000; Animal Vaccines, Greenport, $42,000; Ogallala Aquifer, Bushland, TX (Hilo, Hawaii), $3,625,000; Aquaculture Facil- NY—$60,000; Appalachian Horticulture (Uni- (Texas A&M, Texas Tech, & Kansas State ity (Aberdeen/Bilingsley Creek, Idaho) versity of TN/TN State), Poplarville, MS— University)—$1,375,000; Peanut Production, $1,000,000; National Center for Agricultural $150,000; Arid Lands, Las Cruces, NM— Dawson, GA—$75,000; Peanut Variety, Still- Utilization Research (Peoria, Illinois), $120,000; Barley Yellow Dwarf, West Lafay- water, OK—$180,000; Pear Thrips, Ithaca, NY $3,625,000; Animal Waste Management Re- ette, IN—$75,000; Binational Agricultural Re- (University of Vermont)—$50,000; Pierce’s search Laboratory (Bowling Green, Ken- search and Development Program, $32,000; Disease/Glassy-winged Sharpshooter, Parlier, tucky), $3,000,000; Forage-Animal Research Bioinformatics, Santa Fe, NM—$100,000; Bio- CA—$25,000; Plant Genetic Diversity and Laboratory (Lexington, Kentucky) $4,000,000; logical Weed Control, Sidney, MT—$120,000; Gene Discovery, Logan, UT—$180,000; Plant ARS Sugarcane Research Laboratory Bioremediation, $120,000; Bovine Genetics, Protein Grazing Livestock, El Reno, OK— (Houma, Louisiana), $3,625,000; National Ma- Beltsville, MD (University of CT/University $100,000; Potato Blight, Orono, ME—$80,000; rine Cold Water Aquaculture Research Cen- of IL)—$300,000; Broomweed, Albany, CA— Quantify Basin Water Budget Components in ter (Orono/Franklin, Maine), $2,500,000; Belts- $100,000; Catfish Genome, Auburn, AL— the Southwest, Tucson, AZ—$200,000; Range ville Agricultural Research Center (Belts- $75,000; Center for Food Safety and Post-Har- and Forage Management (Sage Grouse), ville, Maryland), $3,625,000; Biotechnology vest Technology, $449,000; Cereal Crops Re- Burns, OR—$180,000; Regional Grains Laboratory, Alcorn State (Lorman, MS), search, Madison, WI—$250,000; Chloroplast Genotyping Research, Raleigh, NC—$178,000; $2,000,000; Poultry Science Research Facility Genetic Engineering, Urbana, IL (University Salmonella, Listeria, E.coli, and Other Food (Starkville, Mississippi), $5,000,000; National of Central FL)—$80,000; Coffee/Cocoa, Belts- Pathogens, Wyndmoor, PA—$100,000; Seafood Plant and Genetics Security Center (Colum- ville, MD(H/S)/Miami, FL(S)—$120,000; Corn Waste, Fairbanks, AK—$75,000; Seasonal bia, Missouri), $3,725,000; Animal Bioscience Rootworm, Ames, IA—$100,000; Cotton Gin- Grazing, Coshocton, OH—$100,000; Soybean Facility (Bozeman, Montana), $4,000,000; Cen- ning, Stoneville, MS—$50,000; Cropping Sys- Research South, Stoneville, MS—$240,000; ter for Grape Genetics (Geneva, New York), tems Research, Stoneville, MS (University of Sugarcane Breeding and Harvesting, Houma, $3,625,000; Center for Crop-based Health TN/Western TN Ag Experiment Station)— LA—$100,000; Sustainable Aquaculture Feeds, Genomics (Ithaca, New York), $3,625,000; Uni- $150,000; Dairy Forage, Madison, WI—$510,000; Aberdeen, ID—$100,000; Swine Lagoon Alter- versity of Toledo (Toledo, Ohio), $1,600,000; Delta Human Nutrition Research, Stoneville, natives, Florence, SC—$100,000; Turf Grass U.S. Vegetable Laboratory (Charleston, MS—$300,000; Delta Human Nutrition Re- Research, Beaver, WV—$180,000; U.S. Na- South Carolina), $2,000,000; ARS Research search Initiative, Little Rock, AR—$100,000; tional Arboretum (Germplasm/Ornamental Laboratory (Pullman, Washington), Floriculture and Nursery Crops, $250,000; Horticulture), Washington, D.C.—$250,000; $3,625,000; Appalachian Fruit Laboratory Forage and Range Research, Logan, UT— Vaccines and Microbe Control for Fish (Kearneysville, West Virginia), $2,045,000; Nu- $250,000; Formosan Termites, New Orleans, Health, Auburn, AL—$80,000; Viticulture, trient Management Research Laboratory LA—$120,000; Ft. Pierce Horticulture Re- Corvallis, OR—$150,000; Waste Management, (Leetown, West Virginia), $900,000; and, Nu- search Lab, Ft. Pierce, FL—$250,000; Grape Bowling Green, KY (Western KY Univer- trient Management Laboratory (Marshfield, Genetics, Geneva, NY—$100,000; Grapefruit sity)—$120,000; and, Winter Grain Legume, Wisconsin), $8,000,000. Juice/Drug Interaction, Winterhaven, FL— Pullman, WA—$120,000. $80,000; Great Lakes Aquaculture, Madison, COOPERATIVE STATE RESEARCH, EDUCATION, The conference agreement provides an in- WI—$30,000; Greenhouse Lettuce Germplasm, AND EXTENSION SERVICE crease of $200,000 above the fiscal year 2005 Salinas, CA—$150,000; Improved Forage and level for additional research at the South- RESEARCH AND EDUCATION ACTIVITIES Livestock Production, Lexington, KY (Uni- west Watershed Research Center at Tucson, The conference agreement provides versity of KY)—$120,000; Invasive Aquatic Arizona instead of at the ARS Research Lab- $676,849,000 for research and education activi- Weeds, Ft. Lauderdale, FL—$100,000; Invasive oratory at Maricopa, Arizona and at the Uni- ties instead of $662,546,000 as proposed by the Ludwigia, Davis, CA—$100,000; Karnal Bunt, versity of Arizona as proposed by the House. House and $652,231,000 as proposed by the Manhattan, KS—$80,000; Medicinal and Bio- Senate. active Crops, Steven F. Austin State Univer- BUILDINGS AND FACILITIES sity/University of MD—$240,000; Mid-west/ The conference agreement provides The conference agreement provides $500,000 Mid-South Irrigation, Columbia, MO (Delta $131,195,000 for the Agricultural Research for resident instruction grants for insular Center, University of MO)—$68,000; Mosquito Service, Buildings and Facilities, instead of areas. Biological Control, (Stoneville, MS)— $87,300,000 as proposed by the House and The conference agreement provides $500,000 $210,000; National Cold Water Marine Aqua- $160,645,000 as proposed by the Senate. for the implementation of the National Vet- culture, Franklin, ME—$160,000; National The following items reflect the conference erinary Medical Services Act. Sclerotinia Initiative, $300,000; National Soil agreement: National Center for Animal The following table reflects the conference Dynamics, Auburn, AL—$120,000; Natural Health (Ames, Iowa), $58,800,000; Grape agreement:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00225 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23904 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 October 26, 2005

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00123 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/147 EH26OC05.001 October 26, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 23905

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00124 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/148 EH26OC05.002 23906 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 October 26, 2005

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00125 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/149 EH26OC05.003 October 26, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 23907

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00126 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/150 EH26OC05.004 23908 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 October 26, 2005

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00127 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/151 EH26OC05.005 October 26, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 23909

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00128 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/152 EH26OC05.006 23910 CONGRESSIONAL RECORD—HOUSE October 26, 2005 The conference agreement does not provide plement existing research initiatives for bo- shall be for Florida, and $150,000 each for funding, within the National Research Ini- vine emissions and manure lagoon emissions. California (Hubbs Research Institute) and tiative, for the competitive grants program The conference agreement does not include Texas (Mote Marine Laboratory/University as authorized under section 406 of the Agri- language proposed by the House regarding of Texas). cultural Research, Extension, and Education Polymer-based University Research. NATIVE AMERICAN INSTITUTIONS ENDOWMENT Reform Act of 1998 as proposed by the House. The conference agreement provides FUND The conference agreement provides $1,612,000 for the Food and Agriculture Pol- $1,000,000 for Applied Agricultural and Envi- icy Research Institute. Of that amount, the The conference agreement provides ronmental Research of which $150,000 shall conferees provide an increase of $75,000 above $12,000,000 for the Native American Institu- be for California State–Poly, and the remain- the fiscal year 2005 level for the Center for tions Endowment Fund as proposed by both Agricultural and Trade Policies for the ing funds shall be equally divided among the House and Senate. Northern Plains Region at North Dakota California State–Fresno, California State– State University. EXTENSION ACTIVITIES San Luis Obispo, California State–Pomona, The conference agreement provides $736,000 and California State–Chico. The conference agreement provides for grain sorghum research of which $210,000 $455,955,000 for extension activities instead of The conference agreement provides $350,000 is for Texas Tech, $149,000 is for Texas A&M, to continue physical assessments of the Rio $444,871,000 as proposed by the House and and $377,000 is for Kansas State. $453,438,000 as proposed by the Senate. Grande/Rio Bravo watershed to evaluate the The conference agreement provides hydrological feasibility of water manage- $9,548,000 for the Tropical and Subtropical The conference agreement includes ment improvements. Research program for Florida and Hawaii as $2,000,000 for grants to youth organizations The conference agreement provides $300,000 proposed by the House instead of $4,699,000 instead of $2,646,000 as proposed by the Sen- for air quality research of which $150,000 for Hawaii as proposed by the Senate. ate. each shall be for the University of California The conference agreement provides $600,000 The following table reflects the conference at Davis and Fresno State University to sup- for aquaculture research of which $300,000 agreement:

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00232 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 23911

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00130 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/157 EH26OC05.007 23912 CONGRESSIONAL RECORD—HOUSE, Vol. 151, Pt. 17 October 26, 2005

INTEGRATED ACTIVITIES The conference agreement provides $55,792,000 for integrated activities instead of $15,513,000 as proposed by the House and $55,784,000 as proposed by the Senate. The following table reflects the conference agreement:

VerDate Nov 24 2008 08:54 Jul 17, 2009 Jkt 039102 PO 00000 Frm 00131 Fmt 0688 Sfmt 0634 E:\BR05\H26OC5.004 H26OC5 erowe on DSKG8SOYB1PROD with BOUND RECORD Insert graphic folio 478/158 EH26OC05.008 Insert graphic folio 478/160 EH26OC05.009 October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23913

OUTREACH FOR SOCIALLY DISADVANTAGED Program FY 2006 Conference The conferees provide $12,493,000 for im- FARMERS Recommendation port-export inspection, including $1,000,000 The conference agreement provides Brucellosis ...... 10,453 for a cooperative agreement with the Cali- $6,000,000 for Outreach for Socially Disadvan- Chronic wasting disease ...... 18,710 fornia County Pest Detection Augmentation Emerging plant pests ...... 100,217 taged Farmers instead of $7,810,000 as pro- Program. Golden nematode ...... 808 posed by the House and $5,888,000 as proposed The conference agreement includes Grasshopper and Mormon crick- by the Senate. $147,449,000 for Animal Health Monitoring et ...... 5,555 and Surveillance. Within that amount, the OFFICE OF THE UNDER SECRETARY FOR Gypsy moth ...... 4,818 conference agreement provides $33,340,000 for MARKETING AND REGULATORY PROGRAMS Imported fire ant ...... 2,154 the National Animal Identification System Johnes disease ...... 13,189 The conference agreement provides $724,000 (NAIS), as requested. The conference agree- for the Office of the Under Secretary for Low pathogen avian influenza .. 13,837 Noxious weeds ...... 1,920 ment also includes an increase of $2,500,000 Marketing and Regulatory Programs as pro- for the Comprehensive Surveillance System. posed by the House and the Senate. Pink bollworm ...... 5,221 Plum pox ...... 2,216 The conference agreement provides the full ANIMAL AND PLANT HEALTH INSPECTION Pseudorabies ...... 4,391 amount requested, $17,184,000, for surveil- SERVICE Scrapie ...... 18,600 lance and other activities related to Bovine SALARIES AND EXPENSES Tuberculosis ...... 15,001 Spongiform Encephalopathy (BSE). The conference agreement provides Wildlife services operations ...... 77,927 The conference agreement includes: $815,461,000 for the Animal and Plant Health Witchweed ...... 1,527 $600,000 for the Farm Animal Identification Inspection Service (APHIS) instead of and Records (FAIR) program; funding of the Total, Pest and Disease Man- $842,520,000 as proposed by the House and New Mexico Rapid Syndrome Validation agement ...... 346,385 Program at $547,000 to support early detec- $807,768,000 as proposed by the Senate. Animal Care: The conference agreement provides specific tion of pathogens in animals and prevent Animal welfare ...... 17,478 their spread; $375,000 for Iowa State’s work amounts for each program administered by Horse protection ...... 497 APHIS, and directs appropriations for a regarding risk assessments of genetically number of projects and activities within the modified agricultural products; $325,000 to Total, Animal Care ...... 17,975 address bio-safety issues relating to anti- programs. Unless otherwise directed, APHIS Scientific and Technical Serv- shall implement appropriations by program, biotic-resistant strains of bacteria in ices: Vermont; $50,000 for animal tracking in projects, and activities as specified by the Biosecurity ...... 1,972 Washington; and $50,000 for the Population Committees on Appropriations. The con- Information technology infra- Management Center, a collaboration be- ferees expect APHIS to provide the specified structure ...... 4,552 tween the Lincoln Park Zoo and the Davee amount for each program or activity, and ex- Biotechnology regulatory serv- Center for Epidemiology in Chicago, Illinois. pect that there will not be any redirection of ices ...... ?,574 The conference agreement includes funds without prior notification to and ap- Environmental compliance ...... 2,653 proval by the Committees on Appropriations, Plant methods development $3,571,000 for cooperative agreements with in accordance with the reprogramming pro- labs ...... 8,535 states, $1,900,000 for cooperative agreements cedures specified in this Act. Veterinary biologics ...... 15,647 as part of the National Animal Health Lab- The conference agreement does not assume Veterinary diagnostics ...... 22,890 oratory Network, and $8,930,000 for FMD/FAD Animal Welfare Act user fees of $10,858,000, Wildlife services methods devel- surveillance. as proposed in the President’s budget re- opment ...... 17,390 The conference agreement includes quest. Such fees are not authorized. $13,686,000 for emergency management sys- The following table reflects the conference Total, Scientific and Tech- tems, which includes a total of $4,307,000 for agreement: nical Services ...... 84,213 emergency coordinators and a total of Contingency fund ...... 4,140 $3,000,000 for the vaccine bank. ANIMAL AND PLANT HEALTH INSPECTION Physical security ...... 1,000 The conference agreement includes SERVICE $27,316,000 for pest detection, including [In thousands of dollars] Total, Salaries and Ex- $200,000 for a remote sensing, hyperspectral Program FY 2006 Conference penses ...... $815,461 imaging and light detection and ranging Recommendation project; an increase of $100,000 for a coopera- Pest and Disease Exclusion: For fiscal year 2006, the conferees provide tive agreement with California; and an in- Agricultural quarantine inspec- $27,524,000 for the AQI appropriated account, crease of $1,546,000 for surveys through the tion ...... 27,524 which includes an increase of $52,000 over the Cooperative Agricultural Pest Surveys sys- Cattle ticks ...... 7,627 fiscal year 2005 funding level for interline ac- tem. Foreign animal diseases/FMD ... 8,743 tivities in Hawaii. The conference agreement The conference agreement provides a total Fruit fly exclusion and detec- includes $2,514,000 for the National of $3,519,000 for the Select Agents program. tion ...... 59,976 Germplasm and Biotechnology Laboratory The funding for this program was transferred Import-export inspection ...... 12,493 to operate its biosecurity level 3 greenhouse, from the Import/Export and Pest Detection Screwworm ...... 28,000 and support detection of high-risk plant line items, as proposed in the President’s Trade issues resolution man- pathogens to protect the agriculture sector. budget request. agement ...... 12,583 The conferees include $59,976,000 for fruit The conferees provide an increase of $50,000 Tropical bont tick ...... 426 fly exclusion and detection. Of that amount, above the fiscal year 2005 level for the Great- $2,758,000 is for fruit fly control in Texas, as er Yellowstone Interagency Brucellosis Com- Total, Pest and Disease Ex- requested. mittee and an increase of $50,000 for Mon- clusion ...... 157,372 The conferees are aware of the develop- tana. Plant and Animal Health Moni- ment of a strategic plan to address the For chronic wasting disease, the conferees toring: threat of multiple fruit fly species to U.S. provide $18,710,000. The program provides Animal health monitoring & agriculture. While APHIS does participate in funding to states in which the disease has surveillance ...... 147,449 sterile fly production relating to the Medi- been found, including West Virginia. The Animal and plant health regu- terranean Fruit Fly, there are three other conferees direct that of the total, $1,750,000 is latory enforcement ...... 10,399 fruit fly species in Hawaii which pose serious for Wisconsin; $246,000 for Utah; $247,000 for Bio Survelllance ...... 2,007 threats to agricultural production in that the Conservation Medicine Center of Chi- Emergency management sys- and other states. The conferees are aware of cago; $50,000 for Colorado; and $150,000 for tems ...... 13,686 an existing agency facility located on the is- Alaska to monitor chronic wasting disease. Pest detection ...... 27,316 land of Oahu which has been used to produce The conferees direct the Secretary to pub- Select Agents ...... 3,519 sterile fruit flies, and the Secretary is di- lish in the Federal Register proposed regula- Wildlife Disease Monitoring and rected to take no action toward the disman- tions relating to the control of chronic wast- Surveillance ...... — tling or demolition of that facility since it ing disease. The Secretary is further directed may play a role in developing a multi-species to provide notice to the Committees on Ap- Total, Plant & Animal Health fruit fly strategy for U.S. tropical and sub- propriations of the House and Senate if this Monitoring ...... 204,376 tropical agriculture. The Secretary is also directive has not been achieved within 90 Pest and Disease Management: directed to work with representatives of the days of enactment and such notice shall in- Aquaculture ...... 1,262 Hawaii agriculture sector in developing such clude a description of actions taken and a Biological control ...... 9,579 a strategy and for possible inclusion of the timetable for publication in the Federal Reg- Boll weevil ...... 39,000 existing APHIS facility in that regard. ister.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00235 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23914 CONGRESSIONAL RECORD—HOUSE October 26, 2005 The conference agreement includes services, as needed, toward the control and Jack Berryman Institute, Mississippi; and an $100,217,000 for plant pests. The conferees eradication of this disease. increase of $118,000 for the Utah Predator Re- provide $36,629,000 for citrus canker eradi- The conferees direct that, other than fund- search Station. cation; $24,250,000 for Pierce’s Disease/ ing for the specific items noted in this state- The conferees support the microchipping of Glassy-winged sharpshooter; $10,000,000 for ment, the funds provided in the Wildlife pets for identification under a system of Emerald Ash borer; $1,500,000 for Karnal Services Operations line item are available open microchip technology in which all scan- Bunt; and $3,076,000 for Sudden Oak Death. for general operations needs. ners can read all chips. The conferees direct The conferees provide $500,000 for hydrilla The conferees do not concur with the APHIS to develop the appropriate regula- eradication around Lake Gaston in Virginia President’s request to reduce funding in the tions that allow for universal reading ability and North Carolina. Funding for olive fruit Wildlife Services account to allow coopera- and best serve the interests of pet owners. fly is continued at the fiscal year 2005 level. tors to assume a larger share of the costs as- The conferees also direct APHIS to take into The conference agreement includes sociated with these activities. consideration the effect such regulation may $20,000,000 for Asian longhorned beetle activi- The conferees provide $1,200,000 for wolf have on the current practice of microchip- ties. The conferees direct that no less than predation management, of which $1,050,000 is ping pets in this country, and to report to the fiscal year 2005 level be provided for ac- for Wisconsin, Minnesota, and Michigan, and the Committees on Appropriations within 90 tivities in Chicago, Illinois. The conferees $150,000 is for New Mexico and Arizona. days of the date of enactment of this Act on also direct that sufficient resources be allo- The conference agreement continues fund- progress toward that end. cated for activities in New York. ing for the following projects: $300,000 for The conferees are aware of the scientific The conferees note their continued concern beaver management in North Carolina; achievements that have been made possible regarding the devastation caused by citrus $250,000 for crop and aquaculture losses in through the use of laboratory animals. How- canker. The conference agreement includes Southeast Missouri; $625,000 for game bird ever, the conferees also strongly support $36,629,000 for eradication and control activi- predation work with the University of Geor- strict enforcement of the Animal Welfare ties. Additional funds have recently been gia; $150,000 for predation wildlife services in Act, including regulatory oversight of the made available by the Administration. In western and southside Virginia; $135,000 for trade by Class B animal dealers. The Sec- September 2005, the Secretary announced blackbird control in Louisiana; $1,337,000 for retary is directed to report to the Appropria- that USDA had provided $53,750,000 in emer- predator control programs in Montana, tions Committees of the House and Senate gency funding for eradication and control, Idaho, and Wyoming; $1,000,000 for wildlife by March 1, 2006, on enforcement actions and in October 2005, he announced $200,000,000 services in Texas; $225,000 for beaver manage- taken in the regulation of Class B animal in disaster relief funding to compensate comment and damage in Wisconsin; $50,000 for dealers. Such report should also include in- mercial growers for losses. Although the con- control of feral hogs in Missouri; $1,000,000 formation regarding the frequency of inspec- ferees understand that these funds do not for cormorant control in New York; $200,000 tion of Class B dealers, the allocation of recover total needs, particularly since the hur- for cormorant control in Michigan; $150,000 sources for that purpose, and other actions of ricanes that hit Florida in 2004 contributed for cormorant control in the Lake Cham- the Department. to the spread of disease, the investment to plain basin; $750,000 for wildlife service oper- BUILDINGS AND FACILITIES date has been substantial. In total, over ations with the South Dakota Department of The conference agreement provides $740,000,000 in federal funding has been pro- Game, Fish, and Parks; $539,000 for the man- $4,996,000 for Animal and Plant Health In- vided to address needs related to citrus can- agement of beavers in Mississippi; $380,000 to spection Service Buildings and Facilities as ker. The conferees will continue to monitor continue control measures for minimizing proposed by the House and the Senate. the situation, and encourage the Administra- blackbird damage to sunflowers in North Da- tion to continue its support of the industry. kota and South Dakota; $172,000 for Kansas AGRICULTURAL MARKETING SERVICE The conferees expect the Secretary of Ag- blackbird control; $342,000 for the Jack MARKETING SERVICES riculture to continue to utilize his authority Berryman Institute, Utah; $247,000 for Ken- The conference agreement provides to transfer funds from the Commodity Credit tucky State operations; $321,000 for Delta $75,376,000 for the Agricultural Marketing Corporation (CCC) to assist states with the states operations; $196,000 for geese control Service instead of $78,032,000 as proposed by arrest and eradication of animal and plant in New York; and $250,000 for the New Hamp- the House and $76,643,000 as proposed by the pests and diseases that threaten American shire State operations. The conference Senate. The conference agreement does not agriculture. agreement does not include $100,000 increases include $2,918,000 in standardization fees, as The conference agreement provides for state operations in Alaska, Tennessee or proposed in the President’s budget. These $13,189,000 for Johne’s Disease. Of that Pennsylvania, as proposed by the Senate. fees are not currently authorized in law. amount, no less than the fiscal year 2005 The conference agreement includes The conference agreement does not include level shall be available for activities in Wis- $10,700,000 for wildlife control in Western funding under this account for a web-based consin. states. supply chain management system, but does The conferees note that a total of The conference agreement provides $404,000 provide funding for the system under the $28,337,000 is available for activities related for activities in Hawaii and Guam. The con- Funds for Strengthening Markets, Income, to the prevention, control, and eradication of ferees expect these funds to be used to en- and Supply (section 32) Account. avian influenza, including $12,000,000 in car- hance activities for control of pest species. The conferees provide $2,026,000 for activi- ryover funds for indemnities. A program in- In addition, the conference agreement pro- ties relating to organic standards, $15,262,000 crease of $3,000,000 for detection, control, and vides $950,000 for brown tree snake control. for the Pesticide Data Program, and eradication activities is provided in the con- The conference agreement includes $2,927,000 for Pesticide Recordkeeping, as reference agreement. $23,580,000 for a cooperative oral rabies vac- quested in the budget, and an increase of The conferees provide $1,920,000 for the cination program, an increase of $2,000,000 $1,000,000 for activities related to country of noxious weeds account. This amount in- over the fiscal year 2005 level. The conferees origin labeling enforcement. cludes $50,000 for weed management in Ne- encourage APHIS to make use of existing The conference agreement includes vada. funds to appropriately address rabies in $1,000,000 for the Farmers’ Market Promotion The conference agreement includes the Broward County, Florida. Program, to make grants to eligible entities amount requested, $2,216,000, for surveillance Within the amount provided for wildlife for the purposes of establishing, expanding, and control of the plum pox virus. In addi- surveillance, the conference agreement pro- and promoting farmers’ markets. The con- tion, approximately $600,000 is available for vides an increase of $100,000 for remote ferees direct that no entity shall receive the program from carryover funds. The con- diagnostics and wildlife disease surveillance more than $75,000 in funding from the pro- ferees understand that the virus has not activities with North Dakota State Univer- gram, and request a report on the grants moved beyond the borders of Pennsylvania, sity and Dickinson State University. made, including the entity, purpose, and lo- but are concerned about recent positive find- The conferees provide an increase of cation, and administrative costs of the pro- ings in the state. The conferees expect that $1,900,000 for the National Animal Health gram within 180 days of enactment. if the incidence of plum pox virus increases, Laboratory Network, as requested. Within LIMITATION ON ADMINISTRATIVE EXPENSES APHIS will use its authorities for emergency the total, $375,000 is included for an agri- The conference agreement provides funding to support surveillance and removal culture biosecurity center in Kansas. $65,667,000 as proposed by both the House and and destruction of infected trees. The conference agreement includes Senate. The conferees are aware of an outbreak of $17,390,000 for wildlife services methods de- bovine tuberculosis in New Mexico and, in velopment. Within that amount, the con- FUNDS FOR STRENGTHENING MARKETS, INCOME, response, that an MOU has been executed be- ferees provide $419,000 in funding for the Na- AND SUPPLY (SECTION 32) tween USDA and that state. The conferees tional Wildlife Research Station in The conference agreement provides urge the Secretary to use authorities and re- Kingsville, Texas, to address emerging infec- $16,055,000 for Funds for Strengthening Mar- sources of the Department to provide test- tious disease issues associated with wildlife kets, Income, and Supply as proposed by the ing, monitoring, surveillance, and other populations; an increase of $175,000 for the House and the Senate.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00236 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23915 In addition, the conferees provide not less equivalent positions for inspections and en- participation and reducing defaults since its than $20,000,000 for the first phase of develop- forcement of laws and regulations related to inception in 2001. Recent funding concerns ment of the Web-based Supply Chain Man- the Humane Methods of Slaughter Act. have created some uncertainty for the future agement (WBSCM) system, which will ben- The conference agreement provides of this program. The conferees encourage efit the programs of the Agricultural Mar- $4,000,000 for FSIS to continue the incorpora- FSA to continue its partnership with NTDA keting Service, the Farm Service Agency, tion of the Humane Activities Tracking for its credit outreach initiatives. and the Food and Nutrition Service, as well (HAT) system into the Field Automation and STATE MEDIATION GRANTS as enhancing food distribution to schools and Information Management (FAIM) system at The conference agreement provides other feeding outlets. The conferees note slaughter plants throughout the country. $4,250,000 for State Mediation Grants, as pro- that administrative expenses to support This system will assist in connecting the posed by the House and Senate. commodity purchases are expressly allowed HAT data into FSIS’ broader food safety and GRASSROOTS SOURCE WATER PROTECTION in the authorizing legislation, and Section 32 food security communications infrastruc- PROGRAM funds, accordingly, should be used to fund ture. In addition, this will provide FSIS with the development of the WBSCM system. access to real-time information, assisting in The conference agreement provides $3,750,000 for the Grassroots Source Water PAYMENTS TO STATES AND POSSESSIONS the detection and prevention of potential food safety problems at FSIS-inspected fa- Protection Program instead of no funding as The conference agreement provides cilities throughout the country. proposed by the House and $4,250,000 as pro- $3,847,000 for Payments to States and Posses- The conference agreement provides the fol- posed by the Senate. sions as proposed by the Senate instead of lowing increases: $2,236,000 for frontline in- Funding for this program in previous fiscal $1,347,000 as proposed by the House. spection improvement; $1,008,000 for food years has been provided through the Natural The conference agreement includes bill safety employee training; $417,000 for bio- Resources Conservation Service. language and funding for a specialty markets surveillance; and $2,500,000 for laboratory ca- DAIRY INDEMNITY PROGRAM grant as proposed by the Senate. pacity. The conference agreement also pro- The conference agreement provides $100,000 GRAIN INSPECTION, PACKERS AND STOCKYARDS vides $2,976,000 for BSE surveillance, as re- for the Dairy Indemnity Program, as pro- ADMINISTRATION quested, and $2,000,000 for microbiological posed by the House and Senate. SALARIES AND EXPENSES baseline studies. AGRICULTURAL CREDIT INSURANCE FUND The conference agreement provides FOOD SAFETY AND INSPECTION SERVICE, PROGRAM ACCOUNT $38,443,000 for the Grain Inspection, Packers FUNDING BY ACTIVITY The following table reflects the conference and Stockyards Administration as proposed [In thousands of dollars] agreement: by the Senate instead of $38,400,000 as pro- Food Safety & Inspection: Farm Ownership Loans: posed by the House. Federal ...... $753,252 Direct ...... ($208,000,000) The conference agreement fully funds the State ...... 53,790 Subsidy ...... 10,650,000 requested increase for pay costs and the de- International ...... 19,551 Guaranteed ...... (1,400,000,000) velopment of an information disaster recov- Codex ...... 3,002 Subsidy ...... 6,720,000 ery program, and provides an increase of FAIM Project ...... 8,161 Farm Operating Loans: $225,000 for other high priority budgeted in- Direct ...... (650,000,000) creases. The conference agreement does not Total ...... 837,756 Subsidy ...... 64,675,000 include $24,701,000 in grain standardization Unsubsidized Guaran- OFFICE OF THE UNDER SECRETARY FOR FARM and Packers and Stockyards licensing fees, teed ...... (1,150,000,000) AND FOREIGN AGRICULTURAL SERVICES as proposed in the President’s budget. These Subsidy ...... 34,845,000 Subsidized Guaranteed (274,632,000) fees are not currently authorized in law. The conference agreement provides $635,000 for the Office of the Under Secretary for Subsidy ...... 34,329,000 The conferees remain very interested in Indian Tribe Land Ac- the study on marketing arrangements that Farm and Foreign Agricultural Services as proposed by the House and the Senate. quisition ...... (2,020,000) GIPSA has undertaken with $4,500,000 pro- Subsidy ...... 81,000 vided in fiscal year 2003 for that purpose. Al- FARM SERVICE AGENCY Boll Weevil Eradi- though the study was delayed, the conferees SALARIES AND EXPENSES cation ...... (100,000,000) have been informed that it is scheduled for The conference agreement provides Subsidy ...... 0 completion in mid–2006 and that the total $1,030,000,000 for the Farm Service Agency in- ACIF Expenses: cost is not affected. The conferees direct stead of $1,023,738,000 as proposed by the Salaries and Expenses 304,591,000 Administrative Ex- GIPSA to provide quarterly updates and re- House and $1,043,555,000 as proposed by the penses ...... 8,000,000 port the study findings to the Committees on Senate. Appropriations by June 30, 2006. The conference agreement includes the fol- The conference agreement provides for a The conference agreement includes $500,000 lowing increases: $15,944,000 for pay cost; transfer of $304,591,000 to salaries and ex- to continue the product verification proto- $15,018,000 to maintain staffing levels being penses instead of $297,127,000 as proposed by cols pilot program, in conjunction with the funded from carryover balances in fiscal year the House and $309,137,000 as proposed by the Missouri, Illinois, and Iowa Corn Growers 2005; $2,900,000 for the National Agricultural Senate. Of this amount, $4,194,000 shall be Associations. The pilot program is to estab- Imagery Program, of which $300,000 is for a used for increased salary costs, $7,483,000 lish controls for regulated seed varieties and pilot Automated Crop Cultivation Assess- shall be used for the highest priority oper- augment grain marketing. ment Tool; and $1,500,000 for the enhance- ating expenses, and no less than $1,500,000 LIMITATION ON INSPECTION AND WEIGHING ment and management of the agriculture im- shall be used to hire and train additional SERVICES EXPENSES agery catalog repositories and data ware- farm loan officers and managers. The conference agreement provides houses as proposed by the Senate. The conference agreement provides no new $42,463,000 for limitation on inspection and The conferees direct that of the funds budget authority for the emergency loan weighing services expenses as proposed by available to the Administrator of the Farm program. Currently, this loan program has the House and Senate. Service Agency, $24,000,000 shall be for the over $152,000,000 available for eligible pro- National Agricultural Imagery Program ducers. Based on historical loan activity, OFFICE OF THE UNDER SECRETARY FOR FOOD this amount should meet all needs for emer- SAFETY (NAIP). This amount is in addition to any provided by cooperating funds from any gency loans in this fiscal year. The conference agreement provides $602,000 other federal, state, or local government RISK MANAGEMENT AGENCY for the Office of the Under Secretary for funding for NAIP. The conference agreement provides Food Safety as proposed by the Senate in- The conferees note that USDA has set $77,048,000 for the Risk Management Agency stead of $590,000 as proposed by the House. aside the FSA Tomorrow plan and expect instead of $77,806,000 as proposed by the FOOD SAFETY AND INSPECTION SERVICE USDA to exercise a cautious approach to- House and $73,448,000 as proposed by the Sen- The conference agreement provides ward any county or local office closures. ate. $837,756,000 for the Food Safety and Inspec- The conferees are aware of the successful The conference agreement provides tion Service, instead of $837,264,000 as pro- partnership between FSA and the National $3,600,000 in discretionary funds for data min- posed by the House and $836,818,000 as pro- Tribal Development Authority in providing ing and data warehousing activities to ad- posed by the Senate. The conference agree- credit outreach to American Indian pro- dress the program compliance and integrity ment does not assume Food Safety Inspec- ducers, which offers tribal members an equal functions of the federal crop insurance pro- tion user fees of $139,000,000, as proposed in opportunity to participate in farm loan program. The conferees will only provide one- the President’s budget request. Such fees are grams. The National FSA American Indian time funding for these activities within dis- not authorized. Credit Outreach initiative reaches tribal cretionary funds, and recommend the Agen- The conferees include bill language, as pro- members across the country, and has dem- cy seek mandatory funds as previously au- posed by the Senate, regarding full-time onstrated continued success in increasing thorized under the Federal Crop Insurance

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00237 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23916 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Act (7 U.S.C. §§ 1501–1524) as proposed by the budget authority provided for the Plant Ma- sistance to provide grants to Soil Conserva- House. terials Centers does not include funds for tion Districts (KY)—$1,000,000; Cooperative Within the total funding for the Risk Man- completion of the Alaska Plant Materials agreement w/ Western Ky. University (KY)— agement Agency, the conference agreement Center, as proposed by the Senate. $396,000; Dairy waste remediation-Lake provides an increase of $1,000,000 for the The conference agreement requires funds Ponchartrain Basin (LA)—$295,000; Coopera- Agency’s Emerging Information Technology appropriated for Conservation Operations be tive agreement w/ LSU on effectiveness of Architecture initiative, instead of $1,463,000 available until May 31, 2007. The conferees agriculture and forestry (LA)—$400,000; False as proposed by the House. direct the Secretary to report to the Com- River sedimentation/Bayou Grosse (LA)— The conferees urge the Risk Management mittees no later than July 1, 2006, on any $200,000; Union-Lincoln Parish Regional Agency to initiate a pilot program that projects or activities for which funds have Water Conservation w/Lincoln Parish (LA)— would evaluate the effectiveness of lamb been specifically provided by this Act that $125,000; Chesapeake Bay activities (MD)— price insurance for sheep producers of all size have not been obligated by that date. Such a $6,000,000; Conservation related to cranberry operations and geography as proposed by the report shall include the reasons for which production (MA/WI)—$600,000; Weed It Now- House, and a second that would conduct an the obligations have not been made and a Taconic Mountains (MA/NY/CT)—$200,000; actuarial study, in conjunction with North timetable indicating when those obligations Great Lakes pilot program for conservation Dakota State University, addressing an op- shall occur. tional insurance program in North Dakota, Funding for fiscal year 2005 projects is not (MI)—$600,000; Conservation in the Driftless South Dakota, and Minnesota on wheat, bar- continued in fiscal year 2006 unless specifi- area w/Southwest Badger RC&D (MN/WI)— ley, soybeans, and corn as proposed by the cally mentioned in this statement of the $263,000; Mississippi Conservation Initiative Senate. managers. The following funds are directed (MS)—$10,000,000; Delta Water Resources The conferees are aware of aerial platform to be used in cooperative agreements contin- Study (MS)—694,000; Delta Conservation multi-spectral digital imaging and its poten- ued with the same cooperator entities as in Demonstration Center, Washington County tial application in facilitating the accurate the fiscal year 2005 agreements, except as (MS)—$1,389,000; Soil erosion/Alcorn State measurement of crop insurance claims. The noted: Cooperative agreement between the (MS)—$192,000; Cattle and nutrient manage- conferees encourage the Secretary to con- Alabama Department of Conservation and ment in stream crossings (MS)—$893,000; sider the development of a pilot program Natural Resources and the Alabama Wildlife Choctaw County feasibility study for surface with the University of Minnesota to advance Federation for conservation education impoundment (MS)—$250,000; Wildlife Habi- the application of this technology to the (AL)—$446,000; Cooperative agreement with tat Management Institute (MS)—$5,776,000; claims process. the Alabama Association of Conservation Alluvial Floodplain Conservation (MS)— FEDERAL CROP INSURANCE CORPORATION FUND Districts (AL)—$100,000; Obtain/evaluate ma- $750,000; Soil Monitoring Pilot Project The conference agreement provides an ap- terials for cold region seeds of plants in con- (MT)—$150,000; Upper White River Water propriation of such sums as may be nec- junction w/Alaska Division of Agriculture Quality Project in southern MO—$431,000; essary for the Federal Crop Insurance Cor- (AK)—$300,000; Native Plant Materials (com- Carson City Erosion Control Project w/ Car- poration Fund (estimated to be $3,159,379,000 mercialization) (AK)—$300,000; NRI pilot de- son City (NV)—$375,000; Rangeland Conserva- in the President’s fiscal year 2006 Budget Re- velopment (AK)—$500,000; Cooperative agree- tion w/ Nevada Fire Safety Council (NV)— quest), as proposed by the House and Senate. ment w/Soil and Water Conservation Dis- $125,000; State conservation cost share pro- tricts (AK)—$1,488,000; National Water Man- COMMODITY CREDIT CORPORATION FUND gram (NJ)—$1,000,000; Riparian restoration agement Center (AR)—$2,750,000; Study to activities along Rio Grande and Pecos REIMBURSEMENT FOR NET REALIZED LOSSES determine logistics of transportation/coordi- (NM)—$537,000; Pastureland Management/Ro- The conference agreement provides an ap- nation of excess nutrients (AR)—$225,000; tational Grazing (NY)—$600,000; Best man- Small Farm Wetlands Management Center propriation of such sums as may be nec- agement practices/Skaneateles and Owasco w/University of Arkansas at Pine Bluff essary for Reimbursement for Net Realized Watersheds (NY)—$325,000; Address non-point (AR)—$125,000; East Valley Conservation Dis- Losses of the Commodity Credit Corporation pollution in Onondaga and Oneida Lake Wa- (estimated to be $25,690,000,000 in the Presi- trict/Santa Ana Watershed Authority Plant tersheds (NY)—$500,000; Phase II/Watershed dent’s fiscal year 2006 Budget Request), as Removal (CA)—$1,000,000; Monterey Bay Agriculture Council in Walton (NY)— proposed by the House and Senate. Sanctuary (CA)—$600,000; Cooperative agree- $720,000; Pace University Land Use Law Cen- HAZARDOUS WASTE MANAGEMENT ment with the Municipal Water District of Orange County California (CA)—$200,000; Co- ter (NY)—$200,000; New York State Agri- The conference agreement provides a limi- operative agreement w/Tufts University to culture and Environment Program (NY)— tation of $5,000,000 for Hazardous Waste Man- improve conservation practices (CT)— $800,000; Long Island Sound watershed initia- agement, as proposed by the House and Sen- $500,000; Pilot projects for technology sys- tive (NY)—$200,000; Erosion control/stabiliza- ate. tems resulting in nutrient reduction (FL)— tion for Hudson River shoreline (NY)— TITLE II—CONSERVATION PROGRAMS $6,000,000; Manatee Agriculture Reuse Sys- $250,000; Technical assistance to livestock/ OFFICE OF THE UNDER SECRETARY FOR tem (FL)—$2,000,000; Lake Okeechobee Wa- poultry industry (NC)—$450,000; West Cary NATURAL RESOURCES AND ENVIRONMENT tershed project planning (FL)—$350,000; Su- Watershed and Farmland Protection Project The conference agreement provides $744,000 wannee, Dixie, and Lafayette Counties dairy (NC)—$298,000; North Central Planning Coun- for the Office of the Under Secretary for Nat- and poultry waste treatment (FL)—$1,000,000; cil water utilization/ Devil’s Lake (ND)— ural Resources and Environment as proposed Cooperative agreement w/Green Institute $350,000; Maumee Watershed Hydrological by the House and the Senate. (FL)—$400,000; Georgia Soil and Water Con- Study and Flood Mitigation Plan (OH)— The conferees note that the Natural Re- servation Commission Cooperative Agree- $1,000,000; Lake Erie Wetlands Conservation sources Conservation Service underwent a ment (GA)—$3,700,000; Community nutrient Corridors Project (OH)—$125,000; Cooperative reorganization in early 2004. In discussions management facilities (GA)—$350,000; Coop- agreement with Chemeketa Community Col- about the reorganization with the Commit- erative agreement w/GSU for the Altamaha lege for the Oregon Garden, Silverton (OR) tees on Appropriations, the Department River Basin water quality project (GA)— —$350,000; Conservation in Klamath and agreed to revisit the reorganization in two to $100,000; Agricultural development/resource Lake Co. w/ Klamath County Economic De- three years to determine its effectiveness conservation (HI)—$900,000; Idaho One Plan velopment Association (OR)—$175,000; Soil and address any concerns of the Committees. (ID)—$200,000; cooperative agreement w/the Survey Work in the State w/ MapCoast Part- The conferees direct the Department to con- College of S. Idaho (ID)—$125,000; Trees For- nership (RI)—$100,000; Study to characterize ever Program (IL)—$100,000; Illinois River sult with the Committees prior to con- land use change while preserving natural re- Agricultural Conservation Project w/ Ducks ducting an analysis of the reorganization, sources in cooperation with Clemson Univer- Unlimited (IL)—$242,000; Wildlife habitat and describing how it has met the needs of sity (SC)—$1,190,000; Bexar, Medina, Uvalde the Service, Congress, and stakeholders. education program in conjunction w/ Na- tional Wild Turkey Federation (IL)—$242,000; Counties irrigation in Edwards Aquifer NATURAL RESOURCES CONSERVATION SERVICE Kane County, Smart Growth Floodplain (TX)—$500,000; Field office telecommuni- CONSERVATION OPERATIONS Monitoring Project (IL)—$600,000; Planning/ cations pilot program/advanced soil survey The conference agreement includes ops in Illinois River watershed w/ Peoria methods (TX)—$2,400,000; Range vegetation $839,519,000 for Conservation Operations, in- County (IL)—$175,000; Hungry Canyon/Loess pilot project, Ft. Hood (TX)—$500,000; Texas stead of $773,640,000 as proposed by the House Hills Erosion Control/Western Iowa (IA)— Water Resources Institute cooperative agree- and $819,561,000 as proposed by the Senate. $1,200,000; Trees Forever Program (IA)— ment for Tarrant County ($500,000) and Hood The conference agreement provides $100,000; CEMSA w/Iowa Soybean Association County ($100,000) (TX)—$600,000; AFO/CAFO $27,500,000 for the Grazing Lands Conserva- (IA)—$432,000; Cooperative agreement w/ Pilot Project (UT)—$300,000; Study to exam- tion Initiative, $10,650,000 for snow surveys, Northern Iowa University (IA)—$446,000; Soil ine effects of vegetative manipulation on $10,547,000 for Plant Materials Centers, and erosion control cost-share program/soil sur- water yields w/ Utah State (UT)—$800,000; $88,149,000 for the Soil Surveys Program. The vey program (KY)—$3,00,000; Technical as- Washington Fields (UT)—$3,000,000; Utah

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00238 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23917 Conservation Initiative (UT)—$5,000,000; Re- House and $5,141,000 as proposed by the Sen- a community outreach center; Navajo Tribal duce phosphorus loading into Lake Cham- ate. Utility Authority-Crownpoint Chapter (NM); plain (VT)—$300,000; Pilot farm viability pro- The conferees direct that the Chief of the a water and waste water system for Franklin gram project (VT)—$300,000; Walla Walla wa- Natural Resources Conservation Service County (ID); a water and waste water system tershed alliance (WA)—$500,000; Design/im- evaluate and rank efforts currently under- for Franklin City (ID); a water and waste plement natural stream restoration initia- way in order to fund and complete the most system for Dayton City (ID); a water and tives (WV)—$800,000; Soil survey geographic promising projects, based upon merit, and waste system for Preston City (ID); a water database in the Mid-Atlantic Highlands notify the Committees on Appropriations of and waste system for Weston City (ID); Tus- (WV)—$200,000; Poultry Litter Composting the House and Senate on the selected water- carora Township (MI), Indian River waste- (WV)—$160,000; Potomac and Ohio River shed projects. In addition, the agency is di- water system; Hartselle (AL), water works Basin Soil Nutrient Project (WV)—$300,000; rected not to initiate any new planning environmental education; Orangeburg Coun- Appalachian Small Farmer Outreach Pro- starts for projects not otherwise specifically ty (SC), Felderville Church Road water gram (WV)—$860,000; GIS Center of Excel- provided for by this Act. project; Decatur County (IA), Decatur Coun- ty Development Corporation; Franklin Fur- lence, West Virginia University (WV)— WATERSHED AND FLOOD PREVENTION nace (OH), sewer and road improvements; As- $4,500,000; Multiflora Rose Control w/ West OPERATIONS Virginia State Conservation Agency (WV)— sumption Parish (LA), water and waste The conference agreement provides water infrastructure; a water and waste sys- $750,000; Grazing Lands Initiative/Wisconsin $75,000,000 for Watershed and Flood Preven- Department of Agriculture (WI)—$950,000; tem for Lodi (CA); Northeast Organic Farm- tion Operations instead of $60,000,000 as pro- ing Association of Vermont (VT), farmers Conservation land internship program (WI)— posed by the House and the Senate. market; Scottsville Streetscape Project $120,000; Wisconsin Tribal Conservation Advi- The conferees include bill language which (VA); and the Chautauqua County (KS) Rural sory Committee cooperative agreement limits the amount spent on technical assist- Water District No. 4. (WI)—$300,000; Cooperative agreement with ance to not more than $30,000,000. The conferees expect the Under Secretary Sand County Foundation (WI)—$1,200,000; WATERSHED REHABILITATION PROGRAM to approve these projects only when such ap- University of Wisconsin cooperative agree- plications are judged to be meritorious when ment on conservation tech transfer (WI)— The conference agreement provides subject to established review procedures. $300,000; Cooperative agreement Pioneer $31,561,000 for the Watershed Rehabilitation The conferees are aware that the Depart- Farm (WI)—$300,000; Soil survey mapping Program instead of $47,000,000 as proposed by ment has previously provided funding for the project (WY)—$300,000; Audubon at Home the House and $27,313,000 as proposed by the National Rural Development Partnership Pilot Program—$500,000; Great Lakes Basin Senate. (NRDP). The NRDP, and its associated State Program for Soil & Erosion Sediment— The conferees direct that funding under Rural Development Councils, facilitate $2,500,000; On-Farm Management Systems this program be provided for rehabilitation interagency coordination and provide pro- Evaluation Network—$250,000; Watershed of structures determined to be of high pri- grammatic guidance for rural development management demo program/NPPC—$548,000; ority need in order to protect property and at several levels. The State Rural Develop- National Fish and Wildlife Foundation Part- ensure public safety. ment Councils are uniquely positioned to nerships—$3,000,000; and Operation Oak to re- RESOURCE CONSERVATION AND DEVELOPMENT support the work of the National Rural De- store hardwoods—$400,000. The conference The conference agreement provides velopment Coordinating Committee agreement includes funding for the Grass- $51,300,000 for Resource Conservation and De- (NRDCC), which recently began operations. roots Source Water Protection Program in a velopment instead of $51,360,000 as proposed The conferees expect funds to be provided for the NRDP and State Rural Development separate account. by the House and $51,228,000 as proposed by Councils at a level comparable to fiscal year The conferees direct that the funding in- the Senate. 2004. The Department is strongly encouraged cluded in this account for the Community The conferees include bill language as pro- to utilize funds outside of the Rural Develop- Nutrient Management Facilities project and posed by the House that directs the Sec- ment mission area and to solicit the partici- the Georgia Soil and Water Conservation retary to enter into an agreement with a na- pation of federal departments and agencies, Commission Cooperative Agreement be pro- tional association related to the Resource nongovernmental organizations serving rural vided to the Commission through the state Conservation and Development program, and stakeholders, and State Rural Development NRCS office in a timely manner and in total, directs that such an agreement must main- not in part, so that vital water projects in Councils in support of the work of the tain the same matching, contribution re- NRDCC. Georgia are not delayed. Of the funds pro- quirements and funding set forth in previous vided for the Community Nutrient Manage- agreements. RURAL COMMUNITY ADVANCEMENT PROGRAM ment Facilities, $100,000 is for a contract The conferees also include bill language The conference agreement provides with the Georgia Rural Water Association to that limits funding for national head- $701,941,000 for the Rural Community Ad- continue the Lagoon Waste Management quarters activities as proposed by the House. vancement Program (RCAP) instead of Demonstration program at agricultural and The conference agreement restores this ac- $657,389,000 as proposed by the House and municipal sludge disposal facilities. count, rather than accepting the budget pro- $705,106,000 as proposed by the Senate. The conference agreement provides posal to defund the 189 Resource Conserva- The conference agreement provides $6,000,000 for the continued implementation tion and Development (RC&D) Councils that $82,620,000 for rural community programs; of pilot projects for innovative technology have been in existence for twenty years or $530,100,000 for rural utilities programs, of systems resulting in a 75 percent reduction which $1,000,000 is for grants to nonprofit or- more. The conferees would expect any such in nutrients of waste stream discharged by ganizations to finance construction, refur- budget proposal to be based on the effective- animal feeding operations to be managed by bishing, and servicing of individually-owned ness and performance of the Councils rather Farm Pilot Project Coordination, Inc. The household water well systems in rural areas, than on Council age. The conferees direct Secretary is directed to release these funds and of which $500,000 is for revolving funds that NRCS work with the Councils to de- after submitting a report to the Committees for financing water and wastewater projects; velop appropriate measures of effectiveness on Appropriations that a satisfactory coop- and $89,221,000 is for rural business and coop- for both conservation and economic develop- erative agreement between the NRCS and erative development programs. ment. Farm Pilot Project Coordination, Inc. has The conference agreement provides been consummated. TITLE III—RURAL DEVELOPMENT $25,000,000 for loans and grants to benefit The conference agreement provides PROGRAMS Federally Recognized Native American $27,500,000 for the Grazing Lands Conserva- OFFICE OF THE UNDER SECRETARY FOR RURAL Tribes. tion Initiative. This is $4,188,000 more than DEVELOPMENT The conference agreement provides $4,464,000 for community facilities grants to the fiscal year 2005 level. The conferees ex- The conference agreement provides $635,000 tribal colleges. pect the additional funds will be used to en- for the Office of the Under Secretary for hance efforts to manage and prevent the The conference agreement provides Rural Development as proposed by the Sen- $6,350,000 for the Rural Community Develop- spread of invasive species. The conferees en- ate instead of $627,000 as proposed by the courage the agency to make western range ment Initiative. House. The conference agreement does not include lands a priority when allocating funding. The conferees direct the Under Secretary The conferees support the NRCS proposal in this account, $140,000 for a feasibility to give consideration to the following study for a cooperative sheep slaughter facil- to use Conservation Innovation Grants to projects or organizations requesting finan- support the goals of the Wildlife Habitat ity. cial and/or technical assistance, and grants The conference agreement provides Management Institute. and/or loans made available under the Rural $2,000,000 for grants to the Delta Regional WATERSHED SURVEYS AND PLANNING Development mission area: Farm Counseling Authority. The conference agreement provides Project of Rural Services of Indiana (IN), to The conference agreement provides $6,083,000 for Watershed Surveys and Plan- start a co-op; Northeast Texas (TX) Commu- $25,000,000 for rural and native villages in ning instead of $7,026,000 as proposed by the nity College/Hanson-Sewell Center, to build Alaska.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00239 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23918 CONGRESSIONAL RECORD—HOUSE October 26, 2005 The conference agreement provides opment Salaries and Expenses account to Multi-family guarantees $18,250,000 for technical assistance grants for complete the consolidation of St. Louis (sec. 538) ...... (100,000,000) rural water and waste systems, unless the Rural Development activities at the Good- Multi-family housing Secretary makes a determination of extreme fellow facility. Rural Development reported credit sales ...... (1,500,000) need. to the Committees on Appropriations on Single family housing The conference agreement provides July 18, 2005, that this amount is based on re- credit sales ...... (10,000,000) $5,600,000 for the Rural Community Assist- vised numbers resulting from discussions be- Self help housing land ance Programs and not less than $850,000 tween the General Services Administration development ...... (5,048,000) shall be for a qualified national Native and Rural Development to accomplish the Total, Loan authoriza- American organization to provide technical move. The conferees request the Department tions ...... ($5,078,380,000) assistance for rural water systems for tribal to provide the Committees on Appropria- communities. tions a report on the status of the consolida- The conference agreement provides tion within 60 days after enactment of this Loan subsidies: Single family direct (sec. $13,750,000 for a circuit rider program. Act and quarterly thereafter. 502) ...... $129,937,000 The conference agreement provides RURAL HOUSING SERVICE Single family unsub- $18,000,000 for facilities in rural communities RURAL HOUSING INSURANCE FUND PROGRAM sidized guaranteed ...... 40,900,000 with extreme unemployment and severe eco- ACCOUNT Housing repair (sec. 504) 10,238,000 nomic depression. Rental housing (sec. 515) 45,880,000 The conference agreement provides The conference agreement provides a total Site development loans $26,000,000 to be transferred to the Rural subsidy of $242,108,000 for activities under the (sec. 524) ...... — Utilities Service, High Energy Cost Grants Rural Housing Insurance Fund Program Ac- Multi-family guarantees Account. count instead of $233,391,000 as proposed by (sec. 538) ...... 5,420,000 The following table indicates the distribu- the House and $228,983,000 as proposed by the Multi-family housing tion of funding for the RCAP: Senate. credit sales ...... 681,000 The conference agreement provides for an Community: Single family housing Community facility loan estimated loan program level of $5,078,380,000 credit sales ...... — subsidies ...... $10,806,000 instead of $5,079,349,000 as proposed by the Self help housing land Community facility House and $4,927,581,000 as proposed by the development ...... 52,000 grants ...... 17,000,000 Senate. The conference agreement provides for a Subtotal, Loan sub- Economic impact initia- sidies ...... 233,108,000 tive grants ...... 18,000,000 transfer of $454,809,000 to salaries and ex- High energy costs grants 26,000,000 penses instead of $455,242,000 as proposed by Multi-family housing Rural community devel- the House and $465,886,000 as proposed by the preservation ...... 9,000,000 opment initiative ...... 6,350,000 Senate. Tribal college grants ...... 4,464,000 The conference agreement includes a provision authorizing housing funds initially al- Total, Loan subsidies $242,108,000 Subtotal, community .. 82,620,000 located to Alaska to be available until Sep- RHIF administration ex- Business: tember 30, 2007. Business and industry The conference agreement includes bill penses (transfer to RD) ... $454,809,000 guaranteed loan sub- language making the section 515 rental hous- sidies ...... 44,221,000 ing program available for repair, rehabilita- RENTAL ASSISTANCE PROGRAM Rural business enterprise tion, and new construction. The conference agreement provides grants ...... 40,000,000 The conference agreement provides $653,102,000 for the Rental Assistance Pro- Rural business oppor- $9,000,000 to carry out a demonstration program as proposed by the Senate instead of tunity grants ...... 3,000,000 gram for projects financed under the section $650,026,000 as proposed by the House. Of this Delta regional authority 2,000,000 515 program. The conferees intend that the amount, the conference agreement includes Department assist section 515 owners in revi- up to $8,000,000 for debt forgiveness and pay- Subtotal, business ...... 89,221,000 talizing and preserving the section 515 port- ments to enhance preservation efforts and Utilities: folio through financial options provided in not to exceed $50,000 per project for advances Water and waste disposal this demonstration and consistent with rec- to nonprofit organizations or public agencies direct loan subsidies .... 69,100,000 ommendations provided in the Comprehen- to cover direct costs incurred in purchasing Water and waste disposal sive Property Assessment report released by projects. grants ...... 456,000,000 the Department in 2004. The conferees expect The conference agreement provides addi- Solid waste management that owners assisted under this demonstra- tional funding above the budget request for grants ...... 3,500,000 tion program shall be required to maintain debt forgiveness. The conference agreement Well system grants ...... 1,000,000 the housing assisted under this demonstra- also includes a provision that will deobligate Water and wastewater re- tion as affordable, as determined by the Sec- the cost of rental assistance in section 515 volving funds ...... 500,000 retary, for the remaining term of the origi- projects that are subject to prepayment and nal loan or the term of a restructured loan, reallocate these funds through a separate Subtotal, utilities ...... 530,100,000 whichever is longer. funding stream for the cost of the vouchers The conference agreement provides and debt forgiveness consistent with the re- Total, loan subsidies $1,000,000 for the Secretary to acquire the quirements of this Act. These funds are in and grants ...... $701,941,000 necessary automation and technical support addition to funds otherwise provided for such needed to restructure section 515 mortgages. activities in this Act. Directed spending: The conferees encourage the Secretary to RURAL HOUSING VOUCHER PROGRAM Federally Recognized Na- contract with third parties with expertise in The conference agreement provides tive American Tribes ... 25,000,000 multifamily housing finance, mortgage re- $16,000,000 for the Rural Housing Voucher Technical Assistance for structuring, development, market analysis, Program as proposed by the Senate. The Rural Transportation .. 750,000 management, finance, taxation and other re- House did not provide funding for this pro- Colonias ...... 25,000,000 quirements as determined by the Secretary. gram. Alaska Villages ...... 25,000,000 The following table indicates loan and sub- The conference agreement provides ade- Technical Assistance ...... 18,250,000 sidy levels provided in the conference agree- quate funding for vouchers as a safety net to Circuit Rider ...... 13,750,000 ment: prevent the displacement of low-income rural tenants that currently reside in section EZ/EC and REAP ...... 21,367,000 RURAL HOUSING INSURANCE FUND PROGRAM 515 projects that are subject to prepayment RCAP ...... 5,600,000 ACCOUNT or foreclosure of their existing loans. The RURAL DEVELOPMENT SALARIES AND Loan authorizations: conference agreement does not alter prepay- EXPENSES Single family direct (sec. ment restrictions or intend for vouchers to The conference agreement provides 502) ...... ($1,140,799,000) be used in a property that would not be eligi- $164,625,000 for Rural Development Salaries Single family unsub- ble or able to prepay without the use of such and Expenses instead of $152,623,000 as pro- sidized guaranteed ...... (3,681,033,000) voucher. posed by the House and $164,773,000 as pro- Housing repair (sec. 504) (35,000,000) MUTUAL AND SELF-HELP HOUSING GRANTS Rental housing (sec. 515) (100,000,000) posed by the Senate. The conference agreement provides Site development loans The conference agreement provides an in- $34,000,000 for Mutual and Self-Help Housing (sec. 524) ...... (5,000,000) crease of $11,147,000 within the Rural Devel- Grants as proposed by the House and Senate.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00240 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23919

RURAL HOUSING ASSISTANCE GRANTS outmigration when awarding competitive ment salaries and expenses account as pro- The conference agreement provides grants. posed by the House and the Senate. $43,976,000 for Rural Housing Assistance The conferees further recognize that third DISTANCE LEARNING, TELEMEDICINE, AND Grants as proposed by the Senate instead of round rural empowerment zones have not re- BROADBAND PROGRAM $41,000,000 as proposed by the House. ceived funding at the same level as first and The conference agreement provides for an The conferees provide $2,976,000 for the second round rural empowerment zones. The estimated loan program level of $25,000,000 preservation of the section 515 multi-family conferees believe that the competitive grant for distance learning and telemedicine and housing portfolio. process is one way to address this disparity. $500,000,000 for broadband telecommuni- The Department is strongly encouraged to FARM LABOR PROGRAM ACCOUNT cations. give priority consideration to applications The conference agreement includes $375,000 The conference agreement provides for Rural Development competitive grants for distance learning and telemedicine loan $31,168,000 for the Farm Labor Program Ac- from third round rural empowerment zones. subsidy and $30,000,000 for distance learning count instead of $32,728,000 as proposed by RENEWABLE ENERGY PROGRAM and telemedicine grants, of which $5,000,000 the House and $29,607,000 as proposed by the is for public broadcasting system grants. The conference agreement provides Senate. The conference agreement includes The conference agreement provides for an $23,000,000 for the Renewable Energy Pro- $10,750,000 for broadband telecommunications estimated loan program level of $38,502,000, gram as proposed by the House and the Sen- loan subsidy, and $9,000,000 for broadband $17,168,000 for loan subsidies, and $14,000,000 ate. telecommunications grants. for grants. RURAL UTILITIES SERVICE TITLE IV—DOMESTIC FOOD PROGRAMS RURAL BUSINESS—COOPERATIVE SERVICE RURAL ELECTRIFICATION AND TELECOMMUNI- OFFICE OF THE UNDER SECRETARY FOR FOOD, CATIONS LOANS PROGRAM ACCOUNT RURAL DEVELOPMENT LOAN FUND PROGRAM NUTRITION AND CONSUMER SERVICES ACCOUNT The conference agreement provides a total The conference agreement provides $599,000 The conference agreement provides an esti- subsidy of $6,372,000 for activities under the for the Office of the Under Secretary for mated loan program level of $34,212,000 with Rural Electrification and Telecommuni- Food, Nutrition and Consumer Services, as a subsidy of $14,718,000 for the Rural Develop- cations Loans Program Account as proposed proposed by the House and the Senate. ment Loan Fund as proposed by the House by the House and Senate. The conference The conferees encourage the Agency to conduct a feasibility study, in consultation and Senate. agreement provides for an estimated loan with WIC State agencies, to explore a com- The conference agreement provides for a program level of $6,094,000,000 instead of mon cost effective strategy to implement transfer of $4,793,000 to the Rural Develop- $4,994,000,000 as proposed by the House and the cash value voucher for fruits and vegeta- ment salaries and expense account instead of $6,095,000,000 as proposed by the Senate. bles that may be adopted in response to rec- $4,719,000 as proposed by the House and The conference agreement provides for a transfer of $38,784,000 to the Rural Develop- ommendations outlined in the Institute of $6,656,000 as proposed by the Senate. Medicine report on the food packages pro- The conference agreement includes ment salaries and expenses account instead of $38,907,000 as proposed by the House and vided by the Special Supplemental Nutrition $3,449,000 for Mississippi Delta Region coun- Program for Women, Infants and Children ties, of which up to $1,500,000 is for the Delta $39,933,000 as proposed by the Senate. The following table indicates loan and sub- (WIC). Regional Authority. sidy levels provided in the conference agree- FOOD AND NUTRITION SERVICE RURAL ECONOMIC DEVELOPMENT LOANS ment: CHILD NUTRITION PROGRAMS PROGRAM ACCOUNT RURAL ELECTRIFICATION AND TELECOMMUNI- The conference agreement provides The conference agreement provides an esti- CATIONS LOANS PROGRAM ACCOUNT $12,660,829,000 for Child Nutrition Programs, mated loan program level of $25,003,000 with Loan authorizations: instead of $12,412,027,000 as proposed by the a subsidy of $4,993,000 for the Rural Eco- Electric: House and $12,422,027,000 as proposed by the nomic Development Loans Program Account Direct, 5 percent ...... ($100,000,000) Senate. Included in the total is an appro- as proposed by the House and Senate. Direct, Muni ...... (100,000,000) priated amount of $7,473,208,000 and a trans- RURAL COOPERATIVE DEVELOPMENT GRANTS Direct, FFB ...... (2,600,000,000) fer from section 32 of $5,187,621,000. The conferees are aware that USDA, The conference agreement provides Direct, Treasury rate .. (1,000,000,000) through its Team Nutrition program, re- $29,488,000 for Rural Cooperative Develop- Guaranteed ...... (100,000,000) cently updated its dietary guidelines and ment Grants instead of $64,000,000 as pro- Guaranteed under- published My Pyramid and My Pyramid for posed by the House and $24,988,000 as pro- writing ...... (1,500,000,000) Kids, which are updates to the former food posed by the Senate. guide pyramids. The conferees are also aware The conference agreement provides Subtotal ...... (5,400,000,000) that FNS is currently working to publicize $20,500,000 for value-added agricultural prod- these nutrition standards. The conferees en- uct market development grants. Telecommunications: courage FNS to use all available resources to The conference agreement provides Direct, 5 percent ...... (145,000,000) ensure that funding for Team Nutrition re- Direct, Treasury rate .. (424,000,000) $1,488,000 for cooperatives or associations of mains at a level which will allow it to effec- Direct, FFB ...... (125,000,000) cooperatives to assist minority producers. tively provide this important nutrition in- The conference agreement provides $500,000 Subtotal ...... (694,000,000) formation to both adults and children. for a cooperative research agreement with a The conference agreement provides the fol- qualified academic institution to conduct re- lowing for Child Nutrition programs: search on the national economic impact of Total, loan author- TOTAL OBLIGATIONAL AUTHORITY all types of cooperatives. izations ...... (6,094,000,000) Child Nutrition Programs: RURAL EMPOWERMENT ZONES AND ENTERPRISE School lunch program .... $7,415,142,000 COMMUNITIES GRANTS Loan subsidies: School breakfast pro- The conference agreement provides Electric: gram ...... 2,076,141,000 $11,200,000 for Rural Empowerment Zones and Direct, 5 percent ...... 920,000 Child and adult care food Enterprise Communities Grants instead of Direct, Muni ...... 5,050,000 program ...... 2,159,711,000 $10,000,000 as proposed by the House and Direct, Treasury rate .. 100,000 Summer food service pro- $12,400,000 as proposed by the Senate. Guaranteed ...... 90,000 gram ...... 300,226,000 The conferees are concerned that rural em- Special milk program ..... 14,499,000 State administrative ex- powerment zones, particularly zones selected Subtotal ...... 6,160,000 penses ...... 156,061,000 because of outmigration, are having a dif- Commodity procurement Telecommunications: ficult time successfully competing for USDA and computer support 522,732,000 Rural Development program funds. This dif- Direct, Treasury rate .. 212,000 School meals initiative/ ficulty is occurring because many Rural De- Team nutrition ...... 10,025,000 velopment programs fail to consider out- Total, loan sub- Food safety education .... 1,000,000 migration as a factor when awarding grants. sidies ...... 6,372,000 Coordinated review effort 5,235,000 Additional funding from competitive grant Program pay cost ...... 57,000 programs, which supplements funding Con- RETLP administrative gress has set-aside for empowerment zones expenses (transfer to Total ...... 12,660,829,000 over the last several years, is essential for RD) ...... 38,784,000 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM the advancement of economic development FOR WOMEN, INFANTS, AND CHILDREN (WIC) RURAL TELEPHONE BANK PROGRAM ACCOUNT in these communities. The conferees strong- The conference agreement provides ly encourage the Department to consider The conference agreement provides for a $5,257,000,000 for the Special Supplemental transfer of $2,500,000 to the Rural Develop-

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00241 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23920 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Nutrition Program for Women, Infants and Market Nutrition Program in fiscal year 2006 The conferees take the responsibilities of Children (WIC) as proposed by both the through the Farm Security and Rural In- meeting humanitarian needs very seriously, House and Senate. vestment Act of 2002. and given current budget constraints, this The conference agreement includes NUTRITION PROGRAMS ADMINISTRATION conference agreement provides the highest $15,000,000 for continuation of the The conference agreement provides levels of funding possible for various inter- breastfeeding peer counselor program. In ad- $140,761,000 for Nutrition Programs Adminis- national food assistance programs. Under dition, the conference agreement provides tration as proposed by the House and the this conference agreement, title II grants $20,000,000 for investments in management Senate. The conference agreement does not under PL 480, one of the primary inter- information systems, if the Secretary deter- include language regarding limitations on national food assistance programs, are fund- mines that those funds are not needed to the amount specified for certain administra- ed at a level $265,000,000 higher than the maintain caseload and will not require use of tive activities. President’s request. The conferees encourage the contingency fund. The conferees direct the Department to the Executive Branch to restore, through fu- The conference agreement does not include promptly publish interim final regulations ture budget requests, funding levels for language regarding adjunct eligibility re- regarding WIC vendor cost containment, as international food assistance under the juris- strictions. described in the legislative history of the diction of the appropriations subcommittees The conference agreement includes such Child Nutrition and WIC Reauthorization of the House and Senate which fund USDA sums as are necessary to restore the contin- Act. The conferees also expect the Depart- programs, more closely in line with historic gency reserve to $125,000,000, to be allocated ment to work with the WIC State agencies to levels. The conferees further admonish the as the Secretary deems necessary, as pro- implement the interim final regulations re- Executive Branch to refrain from proposals posed by the Senate. garding vendor cost containment in accord- which place at risk a carefully balanced coa- FOOD STAMP PROGRAM ance with the provisions set forth in section lition of interests which have served the in- The conference agreement provides 17(h)(11)(G) of the Child Nutrition Act of terests of international food assistance pro- $40,711,395,000 for the Food Stamp Program, 1966. In the event the WIC State agencies grams well for more than fifty years. as proposed by the House and the Senate. In- should fail to implement the interim final The following table reflects the conference cluded in this amount is a reserve of regulations before the enactment of this Act, agreement for Public Law 480 program ac- $3,000,000,000, to remain available until Sep- the conferees have provided an extension of counts: tember 30, 2007. the moratorium on authorization of new PUBLIC LAW 480 The conference agreement includes ‘WIC-only’ stores until implementation of Title 1—Program account: $36,049,026,000 for program expenses, the regulations by the WIC State agencies. Loan authorization, di- $1,522,369,000 for grants to Puerto Rico and This moratorium is not intended to restrict rect ...... ($74,032,000) Samoa, and $140,000,000 for commodity pur- the transfer or relocation of existing ‘WIC- chase for The Emergency Food Assistance only’ stores. Loan subsidies ...... 65,040,000 Ocean freight differential 11,940,000 Program. TITLE V—FOREIGN ASSISTANCE AND Title II—Commodities for The conference agreement includes a pro- RELATED PROGRAMS vision allowing for purchase of bison meat, disposition abroad: in an amount not less than $3,000,000, for the FOREIGN AGRICULTURAL SERVICE Program level ...... (1,150,000,000) Food Distribution Program on Indian Res- SALARIES AND EXPENSES Appropriation ...... 1,150,000,000 ervations (FDPIR). The conference agreement provides Salaries and expenses: The conference agreement includes statu- $147,901,000 for the Foreign Agricultural Foreign Agricultural tory language to exclude special pay for Service, Salaries and Expenses instead of Service (transfer) ...... 168,000 military personnel deployed to designated $148,224,000 as proposed by the House and Farm Service Agency combat areas when determining food stamp $147,868,000 as proposed by the Senate. (transfer) ...... 3,217,000 eligibility. The conference agreement includes the fol- COMMODITY CREDIT CORPORATION EXPORT COMMODITY ASSISTANCE PROGRAM lowing increases: $1,788,000 for pay costs; LOANS PROGRAM ACCOUNT The conference agreement provides $1,200,000 for ICASS; $4,000,000 to offset the $179,366,000 for the Commodity Assistance increased costs in overseas wages and cur- The conference agreement provides Program instead of $178,797,000 as proposed rency rates, of which $2,000,000 shall remain $5,279,000 for the Commodity Credit Corpora- by the House and $179,935,000 as proposed by available until expended; $300,000 for in- tion Export Loans Program Account as pro- the Senate. creased FAS presence in Baghdad; $2,743,000 posed by the House and the Senate. The conference agreement provides for the capital surcharge being levied by the MCGOVERN-DOLE INTERNATIONAL FOOD FOR $108,285,000 for the Commodity Supplemental State Department; and $200,000 for technical EDUCATION AND CHILD NUTRITION PROGRAM Food Program. According to the USDA’s lat- assistance for the promotion of specialty GRANTS est estimates, approximately $6,020,000 in crop exports. The conference agreement provides $951,000 The conference agreement provides commodity inventory is expected to be avail- $100,000,000 for the McGovern-Dole Inter- able to CSFP in fiscal year 2006, making the for administering Title I Food for Progress grant programs. national Food for Education and Child Nutri- total available for the program approxi- tion Program as proposed by the House and PUBLIC LAW 480 TITLE I AND TITLE II PROGRAM mately $114,305,000. The conferees strongly the Senate. encourage USDA to make every effort to AND GRANT ACCOUNTS maintain the fiscal year 2005 caseload by The conference agreement provides TITLE VI—RELATED AGENCIES AND making full use of CSFP inventory and car- $65,040,000 for Title I loan subsidies for a loan FOOD AND DRUG ADMINISTRATION ryover from preceding years, and to access level of $74,032,000 as proposed by the House DEPARTMENT OF HEALTH AND HUMAN all available resources from bonus com- and the Senate. SERVICES modity holdings and CCC stocks. The conference agreement includes bill FOOD AND DRUG ADMINISTRATION The conferees provide $50,000,000 for admin- language providing that the Secretary of Ag- istration (processing, storage, transport, and riculture may implement a commodity SALARIES AND EXPENSES distribution—of The Emergency Food Assist- monetization program under existing provi- The conference agreement provides total ance Program (TEFAP). The conference sions of the Food for Progress Act of 1985 to appropriations, including Prescription Drug agreement includes a provision that provides provide no less than $5,000,000 in local-cur- User Fee Act, Medical Device User Fee Act, the Secretary authority to transfer up to an rency funding support for rural electrifica- and Animal Drug User Fee Act collections, additional $10,000,000 from TEFAP commod- tion overseas as proposed by the Senate. of $1,838,567,000 for the salaries and expenses ities for this purpose. The conference agreement provides of the Food and Drug Administration, in- The conference agreement includes $11,940,000 for Ocean Freight Differential as stead of $1,837,928,000, as proposed by the $20,000,000 for the Farmers’ Market Nutrition proposed by the House and the Senate. House and $1,841,959,000 as proposed by the Program. The conference agreement provides Senate, and provides specific amounts by The conferees note that $15,000,000 in fund- $1,150,000,000 for international food assist- FDA activity as reflected in the following ing is available for the Seniors Farmers’ ance through PL 480 title II grants. table. FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES [In thousands of dollars]

Prescription Medical de- Program Budget au- drug user vice user Animal drug Total thority fees fees user fees

Foods ...... 443,153 ...... 443,153

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00242 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23921 FOOD AND DRUG ADMINISTRATION, SALARIES AND EXPENSES—Continued [In thousands of dollars]

Prescription Medical de- Program Budget au- drug user vice user Animal drug Total thority fees fees user fees

Human Drugs ...... 300,723 219,841 ...... 520,564 Biologics ...... 122,238 47,675 8,801 ...... 178,714 Animal Drugs and Feeds ...... 90,486 ...... 9,301 99,787 Medical Devices ...... 222,792 ...... 22,978 ...... 245,770 National Center for Toxicological Research ...... 41,152 ...... 41,152 Other Activities ...... 85,762 25,116 4,535 646 116,059 Rent and Rent-related Activities ...... 57,732 0 783 ...... 58,515 Rental Payments to GSA ...... 117,579 12,700 3,203 1,371 134,853 Total Recommendation ...... 1,481,617 305,332 40,300 11,318 1,838,567

The conference agreement also makes search, $3,926,000 for the Food Emergency Re- and maintenance of UFMS. The conferees mammography user fees and export certifi- sponse Network, $500,000 for food defense bio- note that FDA has spent in excess of the cation user fees available to the agency. The surveillance, and $500,000 to improve and in- amount expressly appropriated for UFMS in conference agreement includes bill language crease import surveillance of food. previous fiscal years, and direct FDA to pro- related to the White Oak consolidation, as The conferees have serious concerns re- vide quarterly reports on spending for this proposed by the House, and does not contain garding seafood safety issues posed by system to ensure this does not continue. a provision relating to Congressional testi- banned antibiotic contamination in farm- The conference agreement does not include mony, as proposed by the House. raised shrimp imports. In addition, the con- Within the total funding for the Food and ferees are concerned that the FDA inspects funding for a foods research center or a pilot Drug Administration, the following increases less than 2 percent of shrimp being imported program for compounded drug monographs above the fiscal year 2005 level are provided: into the United States. The conferees rec- or directed inspection funding, as proposed $10,000,000 for activities related to food safe- ommend that the FDA, in cooperation with by the Senate. ty and food defense; $7,827,000 for medical de- any state testing programs, continue testing The conferees are aware of concerns about vice review; $10,000,000 for drug safety activi- of farm-raised shrimp imports for chlor- the regulation of imports of ethnic foods in ties; $884,000 for activities related to direct- amphenicol and other related harmful anti- the Los Angeles district. Concerns include to-consumer advertising; $750,000 to support biotics. the issues of communication to importers research with the Critical Path Institute; The conference agreement includes total about shipments being held by FDA, the $200,000 for agricultural product testing at funding of $5,360,000 for the CFSAN Adverse amount of time that shipments are held, and the Physical Science Laboratory at New Events Reporting System, of which approxi- proper declaration of products. The conferees Mexico State University; $300,000 for the Na- mately $1,500,000 is for dietary supplements. understand that in 2004 FDA’s Los Angeles tional Center for Natural Products Research; This is $860,000 more than the amount in the District implemented new operating proce- $4,128,000 for relocation expenses related to budget request. dures and held a public meeting on these The conference agreement fully funds the the move to the consolidated White Oak issues. Since two years have elapsed, the amount designated for influenza in the budg- campus; and $4,100,000 in rent paid to GSA. conferees suggest that FDA now review the et request. The conferees encourage the Ad- The conference agreement assumes reduc- performance of the program and solicit input ministration to develop a comprehensive re- tions of $1,554,000 in administrative effi- from the import community. ciencies and $5,116,000 in IT reductions, as sponse plan for dealing with potential proposed in the request. human-to-human transmission of avian in- The conferees note that FDA may use The conference agreement provides fluenza, including the availability of vaccine available funds to support review and action $14,696,000 for Orphan Product grants, not and treatment. The conferees direct the on new drug applications and supplements less than $4,000,000 for the Office of Women’s agency to provide regular updates to the seeking approval for replacement or alter- Health, and not less than $56,228,000 for the Committees on its involvement in influenza native abuse-resistant formulations of cur- generic drug program. preparedness activities. Further, the con- rently-available drug products that include The conference agreement provides the ferees expect the Administration to provide an active ingredient that is a listed chemical $5,000,000 increase for the Office of Drug Safe- a supplemental request should the need for under the Controlled Substances Act. Fur- ty as requested in the budget. In addition, additional influenza funding arise. ther, it is the understanding of the conferees the conference agreement provides an in- The conferees support the work of the Na- that these applications may be considered crease of $5,000,000 for drug safety activities tional Antimicrobial Resistance Monitoring under the expedited, priority review process within CDER. The conferees intend that System (NARMS) and its collaborative rela- at FDA. these increases be used for FDA’s highest tionship between FDA, USDA, and the Cen- The conferees are aware that the FDA priority drug safety needs that were not ters for Disease Control. The conferees ex- issued a monograph for sunscreen products funded in fiscal year 2005, such as hiring of pect the coordination of activities among in 2002, and the monograph was stayed short- additional scientists or the acquisition of these three areas of government to result in ly thereafter so that FDA could address the databases to which FDA does not now have the most unbiased presentation of timely, issue of measuring protection against UVA access to help track adverse drug events. The accurate data in the best interest of public rays, which cause skin cancer. Since that conferees direct FDA to provide a report to health, and encourage FDA to equally divide time, no further official action has been the Committees on Appropriations within 30 research funding among the three branches taken by the FDA, although skin cancer days of enactment, setting forth its proposed of the program. Further, the conferees direct rates continue to rise, especially among use of these funds in detail, including an ob- that FDA perform a review of all compo- young persons and women. The conferees be- ject class breakout for the $10,000,000 in- nents of the NARMS program to analyze the lieve that a comprehensive monograph would crease. program’s scientific soundness and relevance be useful to consumers. Therefore, the con- The conference agreement provides no less to public health, the criteria utilized to ferees direct FDA to issue a comprehensive than $29,556,000 for Bovine Spongiform evaluate the program, the transparency of final monograph for over-the-counter sun- Encephalopathy (BSE), as requested. The the program, opportunities for public input, screen products, including UVA and UVB la- conferees understand that this funding will and report the result to the Committees. beling requirements, within six months of support agency-wide BSE activities includ- The conference agreement provides an in- enactment of this Act. ing conducting yearly inspections of all ren- crease of $300,000 to enhance the collabora- derers and feed mills processing products tion between FDA and the National Center The conferees do not include language in containing prohibited materials, extending for Natural Products Research and allow in- the House bill that withheld five percent of BSE inspections into targeted segments of creased participation by FDA staff in the re- the funds provided to FDA’s central offices industries subject to the BSE Feed regula- search on botanicals and dietary supple- pending a public hearing with the agency tion, validating test methods for the detec- ments being conducted at the National Cen- head on the fiscal year 2006 budget, because tion of bovine-derived proteins in animal ter for Natural Products Research in Oxford, this requirement was satisfied by former feed, and continuing to conduct research on MS. Commissioner Crawford’s testimony before Transmissible Spongiform Encephalopathies The conference agreement includes no the House subcommittee in July. However, in FDA’s product centers. more than $13,026,357 for the Unified Finan- the conferees expect the head of the agency Within the food safety and defense in- cial Management System (UFMS). Of this to testify before the House and Senate sub- crease, the conference agreement provides amount, $9,720,374 is for development and im- committees on the fiscal year 2007 budget increases of $5,074,000 for food defense re- plementation, and $3,305,953 is for operations during the regular course of budget hearings.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00243 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23922 CONGRESSIONAL RECORD—HOUSE October 26, 2005 The conferees appreciate the detailed in- total, $4,000,000 is for the repair and improve- Section 732.—The conference agreement al- formation provided in the budget justifica- ment of existing buildings and facilities, and lows unobligated balances within the Depart- tion prepared by the Food and Drug Admin- $4,000,000 is to complete the final phase of ment of Agriculture to be used to reimburse istration and rely heavily on this informa- the Arkansas Regional Laboratory. the Office of the General Counsel for certain tion when considering budget proposals. INDEPENDENT AGENCIES services provided. These materials have traditionally been pre- COMMODITY FUTURES TRADING COMMISSION Section 733.—The conference agreement in- pared for the sole use of the Committees on cludes language regarding the Rural Fire- The conference agreement provides Appropriations in a format consistent with fighters and Emergency Personnel Grant $98,386,000 for the Commodity Futures Trad- the structure of the Appropriations Act. The Program. ing Commission as proposed by the House account organization in the fiscal year 2006 Section 734.—The conference agreement in- and the Senate. This is an increase of budget request does not present information cludes language regarding the Wetlands Re- $4,814,000 over the fiscal year 2005 level. in a format that is useful to the Committees. serve Program. Therefore, the conferees do not approve the FARM CREDIT ADMINISTRATION Section 735.—The conference agreement in- proposed restructuring of FDA’s budget for LIMITATION ON ADMINISTRATIVE EXPENSES cludes language regarding the Environ- the field activities, rent activities, and other The conference agreement includes a limi- mental Quality Incentives Program. activities accounts. The conferees direct the tation of $44,250,000 on administrative ex- Section 736.—The conference agreement in- Agency to submit the fiscal year 2007 budget penses of the Farm Credit Administration cludes language regarding the renewable en- request in a format that follows the same ac- (FCA), as proposed by the House and the ergy program. count structure as the fiscal year 2005 budget Senate. Section 737.—The conference agreement in- request unless otherwise approved by the The conference agreement does not include cludes language regarding the broadband Committees. language allowing some expenses associated telecommunications program. The conferees direct the Department of with terminations to exceed the limitation, Section 738.—The conference agreement in- Health and Human Services (HHS) to include as proposed by the Senate. cludes language regarding the Bill Emerson all anticipated consolidations that impact TITLE VII—GENERAL PROVISIONS Humanitarian Trust Act. Section 739.—The conference agreement in- FDA in the FDA budget request submitted to (INCLUDING RESCISSIONS AND TRANSFERS OF cludes language regarding the value-added Congress. Further, the conferees direct that FUNDS) market development program. none of the funds made available to FDA in Section 704.—The conference agreement in- this Act be used for any assessments, fee, or Section 741.—The conference agreement includes language regarding appropriation cludes language regarding the Conservation charges by HHS unless such assessments, items, which shall remain available until ex- fees, or charges are identified in the FDA Security Program. pended. Section 742.—The conference agreement in- budget justification and expressly provided Section 705.—The conference agreement includes language regarding the Wildlife Habi- by Congress, or approved by Congress in the cludes language that allows for unobligated tat Incentives Program. official reprogramming process as required balances to be transferred to the Working Section 743.—The conference agreement in- in the General Provisions of this Act. The Capital Fund. cludes language that rescinds certain unobli- conferees further direct HHS to include in Section 709.—The conference agreement gated balances. the fiscal year 2007 budget submission all limits indirect costs for grants awarded by Section 744.—The conference agreement in- sources of funding projected to be received the Cooperative State Research, Education, cludes language regarding the Farmland Pro- by FDA from all other federal agencies in fis- and Extension Service to 20 percent. cal years 2006 and 2007, by agency, with a Section 712.—The conference agreement in- tection Program. brief description of the reason for which the cludes language for funds to cover necessary Section 745.—The conference agreement in- funds are to be provided to FDA. expenses related to advisory committees. cludes language regarding the Rural Busi- In its fiscal year 2006 budget, FDA re- Section 715.—The conference agreement in- ness Investment Program. quested $146,213,000 for ‘‘research, develop- cludes language regarding the appropriations Section 746.—The conference agreement in- ment and evaluation’’ (RD&E) activities. hearing process. cludes language regarding Public Law 105– This amounts to about 10 percent of the Section 716.—The conference agreement in- 264. agency’s discretionary request. FDA pro- cludes language regarding the transfer of Section 747.—The conference agreement in- vided only general descriptions of its funds to the Office of the Chief Information cludes language regarding the ground and planned RD&E activities within the context Officer and information technology funding surface water conservation program. of its strategic plan, without specifying the obligations. Section 748.—The conference agreement in- dollars requested, and provided only total Section 717.—The conference agreement cludes language related to final rulemaking proposed expenditures for each ‘‘research provides language regarding the reprogram- on APHIS cost-sharing. Section 749.—The conference agreement theme.’’ The conferees direct FDA to provide ming of funds. gives the Secretary of Agriculture the au- the same level of budget justification for its Section 718.—The conference agreement in- thority to enter into cooperative agreements research activities in the fiscal year 2007 cludes language regarding the Initiative for to lease aircraft. budget as it does other activities, including Future Agriculture and Food Systems. Section 750.—The conference agreement in- a justification of both base spending and any Section 723.—The conference agreement includes language regarding the Bioenergy proposed increases by activity within center cludes language that provides funding for the Program. or office. National Sheep Industry Improvement Cen- The conference agreement provides $750,000 ter. Section 751.—The conference agreement in- to support collaborative research with the C- Section 724.—The conference agreement includes language regarding the use of discre- Path Institute and the University of Utah on cludes language regarding conducting an tionary funds for certain purposes. Section 752.—The conference agreement in- cardiovascular biomarkers predictive of safe- evaluation of the impact of a court decision. cludes language regarding the availability of ty and clinical outcomes. The conferees un- Section 725.—The conference agreement di- funds for certain conservation programs. derstand the research would involve identi- rects the Secretary to make commodity ton- Section 753.—The conference agreement fying candidate genes and proteins in Uni- nage available, to the extent practicable, to provides funding for the Denali Commission. versity of Utah databases, designing and con- assist foreign countries to mitigate the ef- Section 754.—The conference agreement in- ducting genomic and proteomic biomarker fects of the Human Immunodeficiency Virus cludes language regarding eligibility for cer- validation experiments by the C-Path Insti- and Acquired Immune Deficiency Syndrome. Section 726.—The conference agreement in- tain rural development programs. tute, the University of Utah, FDA and manu- cludes language regarding Natural Resources Section 755.—The conference agreement in- facturers, determining which biomarkers Conservation Service financial and technical cludes funds for a certain grant. identify heart failure patients who are most assistance for certain projects in Illinois, Section 756.—The conference agreement in- likely to respond favorably to drug therapy Ohio, Arkansas, Alaska, Missouri, Hawaii, cludes a provision to allow Community Fa- and those at highest risk of adverse events. cility Program borrowers to enter into con- The conferees remain concerned about the Iowa, and Utah. Section 729.—The conference agreement in- tracts with third parties for necessary serv- legal and regulatory issues relating to ap- cludes language regarding the Dam Rehabili- ices. proval of drugs as both prescription and over tation Program. Section 757.—The conference agreement in- the counter products, and urge FDA to expe- Section 730.—The conference agreement includes language regarding the Agricultural dite rulemaking on this topic. cludes language to prohibit funds from being Management Assistance program. BUILDINGS AND FACILITIES used to close or relocate the Food and Drug Section 758.—The conference agreement in- The conference agreement provides Administration Division of Pharmaceutical cludes language regarding the Emergency $8,000,000 for the Food and Drug Administra- Analysis. Watershed Protection Program. tion Buildings and Facilities instead of Section 731.—The conference agreement in- Section 759.—The conference agreement in- $5,000,000 as proposed by the House and cludes language regarding the Rural Stra- cludes language that limits the Biomass Re- $7,000,000 as proposed by the Senate. Of the tegic Investment Program. search and Development Program.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00244 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23923 Section 760.—The conference agreement in- Section 786.—The conference agreement in- Budget estimates of new cludes language regarding eligibility for the cludes language related to competitive (obligational) authority, Conservation Reserve Program for land sourcing of rural development or farm loan fiscal year 2006 ...... 100,132,911 planted in hardwood trees, and previously programs. House bill, fiscal year 2006 100,321,593 enrolled in the program, to remain enrolled. Section 787.—The conference agreement in- Senate bill, fiscal year 2006 100,722,949 Section 761.—The conference agreement includes language regarding WIC-only vendors. Conference agreement, fis- cludes language regarding the disposal of Section 788.—The conference agreement in- cal year 2006 ...... 100,981,758 certain federal facilities in Phoenix, AZ. cludes language that rescinds certain unobli- Conference agreement Section 762.—The conference agreement in- gated balances. compared with: New budget cludes language regarding the recertification Section 789.—The conference agreement in- (obligational) author- of rural status. cludes language regarding the Rural Housing ity, fiscal year 2005 ...... +11,542,382 Section 763.—The conference agreement infor Domestic Farm Labor Program. Budget estimates of new cludes language allowing use of unobligated Section 790.—The conference agreement in- (obligational) author- balances in certain accounts within the cludes funds for certain grants. ity, fiscal year 2006 ...... +848,847 Rural Utilities Service for the purposes of Section 791.—The conference agreement in- House bill, fiscal year section 315 of the Rural Electrification Act cludes language in regard to a demonstration 2006 ...... +660,165 of 1936. intermediate relending program. Senate bill, fiscal year Section 764.—The conference agreement in- Section 792.—The conference agreement in- 2006 ...... +258,809 cludes funds for a certain grant. cludes language regarding country of origin HENRY BONILLA, Section 765.—The conference agreement in- labeling. JACK KINGSTON, cludes language that provides that certain Section 793.—The conference agreement in- TOM LATHAM, locations shall be considered eligible for cer- cludes language regarding the Federal Crop JO ANN EMERSON, tain rural development programs. Insurance Act. VIRGIL H. GOODE, Jr., Section 766.—The conference agreement in- Section 794.—The conference agreement in- RAY LAHOOD, cludes funds for a certain grant. cludes language regarding inspection activi- JOHN T. DOOLITTLE, Section 767.—The conference agreement in- ties under the Federal Meat Inspection Act RODNEY ALEXANDER, cludes funds for a certain grant. or the Federal Agriculture Improvement and JERRY LEWIS, Section 768.—The conference agreement in- Reform Act of 1966. Managers on the Part of the House. cludes language that provides that certain It is the understanding of the conferees locations shall be considered eligible for cer- that the Department is obliged under exist- R.F. BENNETT, tain rural development programs. ing statutes to provide for the inspection of THAD COCHRAN, Section 769.—The conference agreement in- meat intended for human consumption (do- ARLEN SPECTER, cludes language regarding Child and Adult mestic and exported). The conferees recog- CHRIS BOND, Care Food Program audit funds. nize that the funding limitation in Section MITCH MCCONNELL, Section 770.—The conference agreement in- 794 prohibits the use of appropriated funds TED STEVENS, cludes language in regard to the City of Elk- only for payment of salaries or expenses of HERB KOHL, hart, Kansas. personnel to inspect horses. DIANNE FEINSTEIN, Section 771.—The conference agreement in- Section 795.—The conference agreement in- RICHARD DURBIN, cludes language to provide funding for the cludes language in regard to Food and Drug MARY LANDRIEU, Healthy Forests Reserve program. Administration waivers of a financial con- ROBERT C. BYRD, Section 772.—The conference agreement in- flict of interest. Managers on the Part of the Senate. cludes language that relates to government Section 796.—The conference agreement in- f sponsored news stories. cludes language amending the Immigration Section 773.—The conference agreement in- and Nationality Act. IRAN NONPROLIFERATION cludes funding for a specialty crops competi- Section 797.—The conference agreement in- AMENDMENTS ACT OF 2005 tiveness program. cludes language regarding provisions of the Mr. ROHRABACHER. Mr. Speaker, I Section 774.—The conference agreement in- Organic Foods Product Act. move to suspend the rules and pass the cludes language in regard to the Federal Fi- Section 798.—The conference agreement in- Senate bill (S. 1713) to make amend- nancing Bank. cludes language regarding the Federal Meat ments to the Iran Nonproliferation Act Section 775.—The conference agreement in- Inspection Act. cludes language in regard to law enforce- Section 799.—The conference agreement of 2000 related to International Space ment at the National Center for Toxi- makes technical corrections to the Depart- Station payments, as amended. cological Research and the Arkansas Re- ment of the Interior, Environment, and Re- The Clerk read as follows: gional Laboratory. lated Agencies Appropriations Act, 2006. The S. 1713 Section 776.—The conference agreement in- corrections for the Department of the Inte- Be it enacted by the Senate and House of Rep- cludes a technical correction regarding the rior involve the amounts appropriated for resentatives of the United States of America in Child Nutrition Act. construction and land acquisition by the Na- Congress assembled, Section 777.—The conference agreement in- tional Park Service and for departmental SECTION 1. SHORT TITLE. cludes language regarding the Summer Food management. There is also a correction deal- This Act may be cited as the ‘‘Iran Non- Service Program. ing with the construction of the Blue Ridge proliferation Amendments Act of 2005’’. Section 778.—The conference agreement in- Parkway Regional Destination Visitor Cen- SEC. 2. FINDINGS. cludes language regarding the Rural Tele- ter. In the Environmental Protection Agen- Congress makes the following findings: phone Bank. cy, there are technical corrections for two (1) The Director of Central Intelligence’s Section 779.—The conference agreement in- State and Tribal Assistance Grants projects most recent Unclassified Report to Congress cludes language in regard to the Fruit and and for language associated with the rescis- on the Acquisition of Technology Relating to Vegetable Pilot Program. sion of funds from various EPA accounts. In Weapons of Mass Destruction and Advanced Section 780.—The conference agreement in- the Forest Service, there is a correction to Conventional Munitions, 1 July Through 31 cludes language amending the Federal Crop language dealing with a land acquisition in December 2003, states ‘‘Russian entities dur- Insurance Act. the Thunder Mountain area of the Payette ing the reporting period continued to supply Section 781.—The conference agreement in- National Forest, ID. In Title IV—General a variety of ballistic missile-related goods cludes language regarding the National Provisions, there is a correction to the name and technical know-how to countries such as Dairy Promotion and Research Board. of the Gaylord A. Nelson Wilderness. Iran, India, and China. Iran’s earlier success Section 782.—The conference agreement in- CONFERENCE TOTAL—WITH COMPARISONS in gaining technology and materials from cludes language renaming the South Mis- Russian entities helped accelerate Iranian The total new budget (obligational) au- sissippi Branch Experiment Station. development of the Shahab-3 MRBM, and thority for the fiscal year 2006 recommended Section 783.—The conference agreement in- continuing Russian entity assistance has by the Committee of Conference, with com- cludes language regarding the conveyance of supported Iranian efforts to develop new mis- parisons to the fiscal year 2005 amount, the certain federal facilities in Phoenix, AZ. siles and increase Tehran’s self-sufficiency in 2006 budget estimates, and the House and Section 784.—The conference agreement in- missile production.’’ Senate bills for 2006 follow: cludes language amending the Agricultural (2) Vice Admiral Lowell E. Jacoby, the Di- Act of 1949. [In thousands of dollars] rector of the Defense Intelligence Agency, Section 785.—The conference agreement in- New budget (obligational) stated in testimony before the Select Com- cludes language regarding the availability of authority, fiscal year mittee on Intelligence of the Senate on Feb- funding for Conservation Operations. 2005 ...... $89,439,376 ruary 16, 2005, that ‘‘Tehran probably will

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00245 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23924 CONGRESSIONAL RECORD—HOUSE October 26, 2005 have the ability to produce nuclear weapons eration, has, during the 1-year period prior ‘‘(B) with respect to each such payment, early in the next decade’’. to the date of the determination pursuant to the assessment of the President that the (3) Iran has— section 6(b) of such Act, made transfers to payment was not prejudicial to the achieve- (A) failed to act in accordance with the Iran reportable under section 2(a) of the Act. ment of the objectives of the United States Agreement Between Iran and the Inter- (7) On June 29, 2005, President George W. Government to prevent the proliferation of national Atomic Energy Agency for the Ap- Bush issued Executive Order 13382 blocking ballistic or cruise missile systems in Iran plication of Safeguards in Connection with property of weapons of mass destruction and other countries that have repeatedly the Treaty on the Non-Proliferation of Nu- proliferators and their supporters, and used provided support for acts of international clear Weapons, done at Vienna June 19, 1973 the authority of such order against 4 Iranian terrorism, as determined by the Secretary of (commonly referred to as the ‘‘Safeguards entities, Aerospace Industries Organization, State under section 620A(a) of the Foreign Agreement’’); Shahid Hemmat Industrial Group, Shahid Assistance Act of 1961 (22 U.S.C. 2371(a)), sec- (B) acted in a manner inconsistent with Bakeri Industrial Group, and the Atomic En- tion 6(j) of the Export Administration Act of the Protocol Additional to the Agreement ergy Organization of Iran, that have en- 1979 (50 U.S.C. App. 2405(j)), or section 40(d) of Between Iran and the International Atomic gaged, or attempted to engage, in activities the Arms Export Control Act (22 U.S.C. Energy Agency for the Application of Safe- or transactions that have materially con- 2780(d)).’’. guards, signed at Vienna December 18, 2003 tributed to, or pose a risk of materially con- SEC. 4. AMENDMENTS TO THE IRAN NON- (commonly referred to as the ‘‘Additional tributing to, the proliferation of weapons of PROLIFERATION ACT OF 2000 TO Protocol’’); mass destruction or their means of delivery MAKE SUCH ACT APPLICABLE TO (C) acted in a manner inconsistent with its (including missiles capable of delivering such IRAN AND SYRIA. obligations under the Treaty on the Non- weapons), including efforts to manufacture, (a) REPORTS ON PROLIFERATION RELATING Proliferation of Nuclear Weapons, done at acquire, possess, develop, transport, transfer, TO IRAN OR SYRIA.—Section 2 of the Iran Washington, London, and Moscow July 1, or use such items. Nonproliferation Act of 2000 (Public Law 106– 1968, and entered into force March 5, 1970 SEC. 3. AMENDMENTS TO IRAN NONPROLIFERA- 178; 50 U.S.C. 1701 note) is amended— (commonly referred to as the ‘‘Nuclear Non- TION ACT OF 2000 RELATED TO (1) in the heading, by striking ‘‘TO IRAN’’ Proliferation Treaty’’); and INTERNATIONAL SPACE STATION and inserting ‘‘RELATING TO IRAN AND (D) resumed uranium conversion activities, PAYMENTS. SYRIA’’; and thus ending the confidence building meas- (a) TREATMENT OF CERTAIN PAYMENTS.— (2) in subsection (a)— ures it adopted in its November 2003 agree- Section 7(1)(B) of the Iran Nonproliferation (A) in the matter preceding paragraph (1)— ment with the foreign ministers of the Act of 2000 (Public Law 106–178; 50 U.S.C. 1701 (i) by inserting ‘‘or acquired from’’ after United Kingdom, France, and Germany. note) is amended— ‘‘transferred to’’; and (4) On September 24, 2005, the Board of (1) by striking the period at the end and in- (ii) by inserting after ‘‘Iran’’ the following: Governors of the International Atomic En- serting a comma; and ‘‘, or on or after January 1, 2005, transferred ergy Agency (IAEA) formally declared that (2) by adding at the end the following: to or acquired from Syria’’; and Iranian actions constituted noncompliance ‘‘except that such term does not mean pay- (B) in paragraph (2), by inserting after with its nuclear safeguards obligations, and ments in cash or in kind made or to be made ‘‘Iran’’ the following: ‘‘or Syria, as the case that Iran’s history of concealment of its nu- by the United States Government prior to may be,’’. clear activities has given rise to questions January 1, 2012, for work to be performed or (b) DETERMINATION EXEMPTING FOREIGN that are within the purview of the United services to be rendered prior to that date PERSONS FROM CERTAIN MEASURES.—Section Nations Security Council. necessary to meet United States obligations 5(a) of the Iran Nonproliferation Act of 2000 (5) The executive branch has on multiple under the Agreement Concerning Coopera- (Public Law 106–178; 50 U.S.C. 1701 note) is occasions used the authority provided under tion on the Civil International Space Sta- amended— section 3 of the Iran Nonproliferation Act of tion, with annex, signed at Washington Jan- (1) in paragraph (1), by striking ‘‘transfer 2000 (Public Law 106–178; 50 U.S.C. 1701 note) uary 29, 1998, and entered into force March to Iran’’ and inserting ‘‘transfer to or ac- to impose sanctions on entities that have en- 27, 2001, or any protocol, agreement, memo- quire from Iran or Syria, as the case may gaged in activities in violation of restric- randum of understanding, or contract re- be,’’; and tions in the Act relating to— lated thereto.’’. (2) in paragraph (2), by striking ‘‘Iran’s ef- (A) the export of equipment and tech- (b) EXCEPTION.—Section 6(h) of the Iran forts’’ and inserting ‘‘the efforts of Iran or nology controlled under multilateral export Nonproliferation Act of 2000 (Public Law 106– Syria, as the case may be,’’. control lists, including under the Australia 178; 50 U.S.C. 1701 note) is amended by insert- Group, Chemical Weapons Convention, Mis- (c) RESTRICTION ON EXTRAORDINARY PAY- sile Technology Control Regime, Nuclear ing after ‘‘extraordinary payments in con- MENTS IN CONNECTION WITH THE INTER- Suppliers Group, and the Wassenaar Ar- nection with the International Space Sta- NATIONAL SPACE STATION.—Section 6(b) of rangement or otherwise having the potential tion’’ the following: ‘‘, or any other pay- the Iran Nonproliferation Act of 2000 (Public to make a material contribution to the de- ments in connection with the International Law 106–178; 50 U.S.C. 1701 note) is amended— velopment of weapons of mass destruction or Space Station,’’. (1) in the heading, by striking ‘‘TO IRAN’’ cruise or ballistic missile systems to Iran; (c) REPORTING REQUIREMENTS.—Section 6 of and inserting ‘‘RELATING TO IRAN AND and the Iran Nonproliferation Act of 2000 (Public SYRIA’’; (B) the export of other items to Iran with Law 106–178; 50 U.S.C. 1701 note) is amended (2) in paragraphs (1) and (2), by striking the potential of making a material contribu- by adding at the end the following new sub- ‘‘to Iran’’ each place it appears and inserting tion to Iran’s weapons of mass destruction section: ‘‘to or from Iran and Syria’’; and programs or on United States national con- ‘‘(i) REPORT ON CERTAIN PAYMENTS RE- (3) in paragraph (3), by striking ‘‘to Iran’’ trol lists for reasons related to the prolifera- LATED TO INTERNATIONAL SPACE STATION.— and inserting ‘‘to or from Iran or Syria’’. tion of weapons of mass destruction or mis- ‘‘(1) IN GENERAL.—The President shall, to- (d) DEFINITIONS.—Section 7(2) of the Iran siles. gether with each report submitted under sec- Nonproliferation Act of 2000 (Public Law 106– (6) The executive branch has never made a tion 2(a), submit to the Committee on For- 178; 50 U.S.C. 1701 note) is amended— determination pursuant to section 6(b) of the eign Relations of the Senate and the Com- (1) in subparagraph (C) to read as follows: Iran Nonproliferation Act of 2000 that— mittee on International Relations of the ‘‘(C) any foreign government, including (A) it is the policy of the Government of House of Representatives a report that iden- any foreign governmental entity; and’’; and the Russian Federation to oppose the pro- tifies each Russian entity or person to whom (2) in subparagraph (D), by striking ‘‘sub- liferation to Iran of weapons of mass de- the United States Government has, since the paragraph (B) or (C)’’ and inserting ‘‘sub- struction and missile systems capable of de- date of the enactment of the Iran Non- paragraph (A), (B), or (C), including any enti- livering such weapons; proliferation Amendments Act of 2005, made ty in which any entity described in any such (B) the Government of the Russian Federa- a payment in cash or in kind for work to be subparagraph owns a controlling interest’’. tion (including the law enforcement, export performed or services to be rendered under (e) SHORT TITLE.— promotion, export control, and intelligence the Agreement Concerning Cooperation on (1) AMENDMENT.—Section 1 of the Iran Non- agencies of such government) has dem- the Civil International Space Station, with proliferation Act of 2000 (Public Law 106–178; onstrated and continues to demonstrate a annex, signed at Washington January 29, 50 U.S.C. 1701 note) is amended by striking sustained commitment to seek out and pre- 1998, and entered into force March 27, 2001, or ‘‘Iran Nonproliferation Act of 2000’’ and in- vent the transfer to Iran of goods, services, any protocol, agreement, memorandum of serting ‘‘Iran and Syria Nonproliferation and technology that could make a material understanding, or contract related thereto. Act’’. contribution to the development of nuclear, ‘‘(2) CONTENT.—Each report submitted (2) REFERENCES.—Any reference in a law, biological, or chemical weapons, or of bal- under paragraph (1) shall include— regulation, document, or other record of the listic or cruise missile systems; and ‘‘(A) the specific purpose of each payment United States to the Iran Nonproliferation (C) no entity under the jurisdiction or con- made to each entity or person identified in Act of 2000 shall be deemed to be a reference trol of the Government of the Russian Fed- the report; and to the Iran and Syria Nonproliferation Act.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00246 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23925 The SPEAKER pro tempore. Pursu- bill also provides urgently needed relief again, I think it is doing things that ant to the rule, the gentleman from for NASA so that the United States can could come back to haunt us, and that California (Mr. ROHRABACHER) and the maintain a continued presence on the is expanding our authority and the gentleman from California (Mr. LAN- International Space Station and en- President’s authority to place sanc- TOS) each will control 20 minutes. ables cost-effective commercial part- tions on Syria, of course always with Mr. PAUL. Mr. Speaker, I request the nerships to support the Space Station. good intentions; but too often bad time in opposition if neither gentleman This latter benefit also strengthens things can happen. is opposed to the bill. non-proliferation, because over the In 1998, a bill came up on the suspen- The SPEAKER pro tempore. Is the past decade we have learned that com- sion calendar. It was considered non- gentleman from California (Mr. LAN- mercial ties between the United States controversial and was called the Iraq TOS) opposed to the bill? and Russian aerospace companies have Liberation Act. It passed overwhelm- Mr. LANTOS. Mr. Speaker, no, I am been an effective tool against prolifera- ingly, but at that particular time, I not. I am supporting the bill. tion. We need to employ such carrots took the time in opposition to point The SPEAKER pro tempore. Pursu- along with our non-proliferation out that there could be some unin- ant to clause 1 of rule XV, the gen- sticks. tended, or maybe some intended, con- tleman from Texas (Mr. PAUL) will con- The changes put in place by S. 1713 sequences that at that time the Con- trol 20 minutes in opposition. will prevent a major setback for Amer- gress was not admitting to, and that it The Chair recognizes the gentleman ica’s space program, and that is one of could lead to war. And, of course, that from California (Mr. ROHRABACHER). the most important things we are talk- was the first stepping stone to the cur- GENERAL LEAVE ing about today. It will prevent this rent war that we are in. Mr. ROHRABACHER. Mr. Speaker, I setback by ensuring a continued and Although this particular bill is not ask unanimous consent that all Mem- uninterrupted presence, an American nearly as strong as what the Iraq Lib- bers may have 5 legislative days within presence, on the International Space eration Act was, this nevertheless is a which to revise and extend their re- Station. step as far as I am concerned in the marks and include extraneous material Cooperation with Russia, just as wrong direction. The basic thing that happens here is on S. 1713, the bill under consideration. similar cooperation with Russia by the we are expanding tremendously the The SPEAKER pro tempore. Is there State of Israel in terms of space policy, power to place sanctions on Syria, and objection to the request of the gen- will help us achieve America’s space this comes in light of the publication tleman from California? goals while maintaining our commit- of the U.N. investigation on Hariri’s There was no objection. ment to non-proliferation. murder, and there is a tremendous Mr. ROHRABACHER. Mr. Speaker, I This bill needs to be passed. There is move right now to move on to the next yield 10 minutes to the gentleman from a time element here, and I would like regime change in the Middle East. To California (Mr. LANTOS) and ask unani- to thank all those who have been in- me, I believe we are overstepping our mous consent that he control that volved in trying to get this legislation bounds and looking for more trouble. time. to the floor. We have essentially zero right to de- The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of cide who should head foreign states. objection to the request of the gen- my time. Once we decide that we know what is tleman from California? Mr. PAUL. Mr. Speaker, I yield my- best for foreign countries and we can There was no objection. self such time as I may consume. actually pick a head of state, I think it Mr. ROHRABACHER. Mr. Speaker, I I rise in opposition to the bill, but I leads to trouble. I could give Members yield myself such time as I may con- want to make it very clear that the every bit of reason why we ought to sume. portion of the bill that the gentleman change the King of Saudi Arabia, as we I want to thank the gentleman from from California was speaking about I should change the King of Syria; and California (Mr. LANTOS) and, of course, strongly endorsed. Matter of fact, I had yet Saudi Arabia gets a lot of support the gentleman from Illinois (Mr. HYDE) a similar bill that would have made the from us. for the leadership that has been dem- same corrections, but I would like to There was a recent report in a news- onstrated in getting this legislation to make two points about this portion of paper today, whether it is factual or the floor. the bill. not it is still frightening, it said that One of America’s challenges as we The one is that the corrections were the administration was actually put- seek global security and stability is necessary because we had placed sanc- ting feelers out and asking Israel and stopping the proliferation of nuclear tions on Iran, and there was an unin- Italy to nominate a replacement for and missile technologies. tended consequence. It actually Assad. This means we are moving in Several years ago, we enacted the harmed NASA and harmed our rela- that direction. Iran Nonproliferation Act of 2000 to tionships with Russia. This is making a One of the reasons we are supposed to give the United States several tools in correction and I think that is good, and be doing this and looking closely to our fight against proliferation to Iran, I strongly support that part of the bill. Syria is they present a destabilizing one of which was a restriction on U.S.- element in the Middle East. That in b 1845 Russian space cooperation. As a mem- itself is stretching it. They are strug- ber of both the Committee on Inter- But it goes to show that sanctions gling to stabilize and survive with the national Relations and the Committee per se are not necessarily good. We pounding they are getting internation- on Science, I was deeply involved in might just use as an example not hav- ally. We forget that Syria actually sent that aspect of the Iran Nonprolifera- ing sanctions on a country like China. troops into the first Persian Gulf war tion Act. We do better talking with and getting dealing with Kuwait. But those kinds While many of the INA’s tools have along with China as we become trading of things are easily forgotten. helped and should be continued, the partners rather than adversaries. So The truth is the Mehlis Report is limitation on space cooperation has even countries that seem to be adver- rather vague. There is no way it ties it not been effective and is now counter- sarial, there are some downsides to to Assad. There is no proof of that productive. So, today, we have an op- putting on sanctions. whatsoever. As a matter of fact, Der portunity to both correct and strength- Actually, the portion of the bill that Spiegel, a German magazine, reported en that legislation. I rise in objection to is the portion that today that the most important infor- Mr. Speaker, I rise in strong support was amended dealing with Syria. I con- mation that the Mehlis Report cites of the amended version of Senate bill sider this a significant change in our comes from an informer who was a con- 1713. First and foremost, the bill law. There has been very little discus- victed swindler and felon. That is one strengthens the tools available to fight sion on this. This makes the bill quite of the sources of the information they proliferation to, and from, Iran. This different from the Senate bill. But once are using to try to tie this into Syria.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00247 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23926 CONGRESSIONAL RECORD—HOUSE October 26, 2005 If you want to talk about destabiliza- needs to continue paying Russia for of its investments in space and unable tion of a region, all we have to do is rides for American astronauts to the to continue to develop and conduct look at 150,000 troops in a country 6,000 International Space Station and for vital scientific experiments aboard the miles from our borders. If we talk other space services. Because the Presi- International Space Station. about the responsibility of somebody dent cannot certify that Russia has Under that 2000 act, by next April, being assassinated, we might ask the ended it missile cooperation with Iran, NASA would be severely limited in its question how many dozens of Iraqi ad- and with the space shuttle still experi- ability to maintain an American sci- ministrators have been assassinated in encing difficulties in its return to serv- entific crew on the ISS, let alone mon- Iraq since we have been in charge. So ice, this exemption has proved nec- itor the billions of dollars in invest- there are two different ways we can essary. ments that the American people have look at that. My deep concern is that But, Mr. Speaker, at the end of the made in the program. we are moving in the direction of ex- day, the Iran Nonproliferation Act is The bill before us will carve out an panding our presence and expanding emerging even stronger than before. exemption in the 2000 act for NASA’s the war in that region. My good friend, the chairman of the relationships with Russian companies Mr. Speaker, I reserve the balance of Committee on International Relations, that build and maintain the vehicles my time. the gentleman from Illinois (Mr. and machinery that provide the serv- Mr. LANTOS. Mr. Speaker, I yield HYDE), and I made changes to the bill ices that help us in our partnership myself such time as I may consume. which will focus even greater attention with them on the International Space Mr. Speaker, I rise in support of this on Russia’s destabilizing cooperation Station. Among the most critical of legislation. Five years ago, Congress with Iran. The Hyde-Lantos provisions these relationships are those that approved far-reaching legislation to will make governments, not just indi- allow American astronauts access to stop the flow of nuclear missiles and viduals and business entities, newly the Russian Soyuz, a crew rescue vehi- other sensitive technology to the aya- vulnerable to sanctions for trade in cle, docking components for our own tollahs of terror in Tehran. By a unani- weapons of mass destruction with the spacecraft, and other critical equip- mous vote, Congress commanded that Iranian regime. It will also help ensure ment and services. those who aid in the development of that Iran does not spread dangerous The United States’ permanent pres- Iran’s destabilizing nuclear and missile technology in the future. ence in space today depends on our on- programs be exposed and sanctioned. Our bill also applies the provision of going partnership with the Russian The need for the Iran Nonprolifera- the Iran Nonproliferation Act for the Federal Space Agency and other inter- tion Act is stronger today than it was first time to the authoritarian regime national partners. The President’s new 5 years ago. The Iranian regime con- in Damascus. This action will help envision for space exploration depends on tinues to seek aggressively a nuclear America’s investment and involvement weapons capability by exploiting alleg- sure that whatever happens to the rein the ISS so that we can develop the edly peaceful nuclear facilities to gime of Bashir Assad in the near term science necessary to prepare our astro- produce nuclear weapons materials. as it faces international condemnation Iran is also developing long-range mis- richly deserved for its direct com- nauts for long-term exposure to micro- sile systems capable of destabilizing plicity in the assassination of Rafik gravity and radiation. The experiments planned in coming the entire Middle East and beyond. The Hariri, the Prime Minister of neigh- Iranians are accomplishing this task boring Lebanon, it cannot develop years aboard the ISS can only be con- with the active assistance of Russia weapons of mass destruction. ducted in space, and NASA’s future and other irresponsible actors on the Mr. Speaker, the leadership cabals in missions to the Moon and Mars depend international scene. both Tehran and Damascus are aggres- on those experiments. Meanwhile, the Fortunately, Mr. Speaker, in large sively seeking to develop such weapons potential gap between the retirement part due to the farsighted initiatives that would threaten the entire Middle of the space shuttle and the deploy- such as the Iran Nonproliferation Act, East and the region beyond. Our legis- ment of NASA’s new crew exploration the world no longer trusts Tehran. Just lation marks an important step in fo- vehicle would, without this legislation, this past month, the Board of Gov- cusing greater attention on these leave the United States without con- ernors of the International Atomic En- emerging threats while preserving key tinual access to space at a time at the ergy Agency in Vienna voted to find aspects of our own space program. I end of this decade when we need it the Iran in violation of its nuclear safe- urge all of my colleagues to support most. guards obligations. And absent any this most important and urgent piece This bill ensures NASA has the flexi- dramatic turnaround by Iran, the of legislation. bility it needs to meet America’s chal- United States must and will demand Mr. Speaker, I reserve the balance of lenges in space. I urge all Members to that Iran’s violations be reported to my time. support it. the U.N. Security Council at the next Mr. ROHRABACHER. Mr. Speaker, I Mr. PAUL. Mr. Speaker, I yield my- meeting of the International Atomic yield 3 minutes to the gentleman from self such time as I may consume. Energy Agency this coming November. Texas (Mr. DELAY), a Member whose I want to reiterate that the portion The legislation before us today is de- leadership has been a major factor in of the bill that deals with our ability signed to preserve the core of the Iran the passage of so much historic legisla- to pursue our space program I strongly Nonproliferation Act while allowing for tive reform that has gone through this endorse. It is the portion that deals continued cooperation with the Rus- body. with Syria that was added on at the sians in support of our national space Mr. DELAY. Mr. Speaker, I thank the last minute that I am concerned about. program. gentleman from California, and I ap- I want to say that portion of the bill, It is unfortunate, Mr. Speaker, that preciate the work that you all have I believe, further destabilizes the Mid- this legislation is necessary. I wish done. I rise in strong support of this dle East and we should move with that the Russians had ceased their mis- legislation and also to commend every- great caution. We have been warned. sile-related cooperation with the Ira- one on both sides of the aisle and both We should be prepared for a broader nians so Congress would not be forced sides of the Capitol who helped develop war in the Middle East as plans are to carve out this new exception. Mos- this legislation in the recent months. being laid for the next U.S.-led regime cow’s deliberate decision to flaunt The legislation before us will correct change in Syria. international norms on weapons of an unintended consequence of the Iran A U.N. report of the death of Leba- mass destruction just shows how far Nonproliferation Act of 2000. Under nese Prime Minister Hariri elicited away the Russian regime is from being that 2000 act passed by a Republican this comment from a senior U.S. policy a responsible international actor. Congress and signed into law by Presi- maker: ‘‘Out of a tragedy comes an ex- But we are compelled to pass this dent Clinton, the United States will traordinary strategic opportunity.’’ legislation because the United States soon find itself unable to manage many This statement reflects the continued

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00248 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23927 neoconservative, Machiavellian influ- ways nice to rely on the organization Mr. SHERMAN. Mr. Speaker, as a ence on our foreign policy. our administration routinely con- member of the Committee on Inter- b 1900 demns, one that brought us the multinational Relations, and a member of million-dollar oil-for-food scandal and the Committee on Science, and as a The ‘‘opportunity’’ refers to the long- the sexual crimes by U.N. representa- member of the Space and Aeronautics held neoconservative plan for regime tives. Subcommittee, and, in fact, the rank- change in Syria, similar to what was It is easy to ignore the fact that the ing member of International Terrorism carried out in Iraq. report did not implicate Assad, who is and Nonproliferation Subcommittee, I This plan for remaking the Middle targeted for the next regime change. am well aware of the conflict of two East has been around for a long time. The U.N. once limited itself to disputes goals of the Federal Government. One Just as 9/11 served the interests of between nations; yet now it assumes of those is to meet our obligations to those who longed for changes in Iraq, the U.N., like the United States, has a the international space station. The the sensationalism surrounding legal and moral right to inject itself other is to use every device possible to Hariri’s death is being used to advance into the internal policies of sovereign try to prevent Iran from developing nu- plans to remove Assad. nations. Yet what is the source of this clear weapons and to try to prevent Congress already has assisted these presumed wisdom? Where is the moral Russia from assisting in that process. plans by authorizing the sanctions imperative that allows us to become For me, these goals are not of equal placed on Syria last year. Harmful the judge and jury of a domestic mur- weight. The supreme goal and objective sanctions, as applied to Iraq in the der in a country 6,000 miles from our and obligation of the Federal Govern- 1990s, inevitably represent a major step shores? ment is to protect our people. Iranian toward war since they bring havoc to Moral, constitutional, and legal argu- nuclear weapons could be smuggled so many innocent people. Syria already ments for a less aggressive foreign pol- into our cities, and I would say that we has been charged with developing icy receives little attention in Wash- should adopt no legislation and leave weapons of mass destruction based on ington, but the law of unintended con- on the books current law that puts one no more evidence than was available sequences serves as a thorough teacher objective, and that is limiting Iranian when Iraq was similarly charged. for the slow learners and the morally nuclear weapons, as the sole objective Syria has been condemned for not se- impaired. that is embodied in our statutes. curing its borders by the same U.S. Is Iraq not yet a headache for the But, in fact, some balance is going to leaders who cannot secure our own bor- proponents of the shock and awe pol- be struck, and it is not going to be the ders. Syria was castigated for placing icy? Are 2,000 lives lost not enough to overwhelming balance that I would its troops in Lebanon, a neighboring get their attention? How many hun- strike, a balance in favor of doing ev- country, although such action was in- dreds of billions of dollars must be erything possible to limit Iranian nu- drained from our economy before it is vited by an elected government and en- clear weapons development and giving noticed? Is it still plausible that defi- couraged by the United States. The far less weight to meeting our inter- cits do not matter? Is the apparent vic- Syrian occupation of Lebanon elicited national space station obligations. no suicide terrorist attacks, as was suf- tory for Iran in the Shiite theocracy I want to take this opportunity to fered by Western occupiers. we have created in Iraq not yet seen as commend the ranking member and the Condemning Syria for having troops a disturbing consequence of the ill- chairman of the Committee on Inter- fated Iraq regime change effort? When in Lebanon seems strange considering national Relations and of the Com- we have our way with the next election most of the world sees our 150,000 mittee on Science and the gentleman in Lebanon and Hezbollah becomes a troops in Iraq as unwarranted foreign from California (Mr. ROHRABACHER) for intervention. Syrian troops were far governing party, what do we do then? If our effort to destabilize Syria is no doing a very good job of trying to nar- more welcome in Lebanon. more successful than our efforts in rowly tailor this legislation, to try to Secretary Rice likewise sees the Iraq, then what? If destabilizing Syria balance those two goals in not the way problem in Syria that we helped to cre- leads to the same in Iran, what are our I would, but in a way that I have to ate as an opportunity to advance our options? If we cannot leave now, we concede is reasonable. And for that rea- Middle Eastern agenda. In recent testi- will surely not leave then. We will be son I will not ask for a recorded vote mony she stated that it was always the told we must stay to honor the fallen on this bill. I recognize that if this bill administration’s intent to redesign the to prove the cause was just. does not pass in this form, it is as like- greater Middle East, and Iraq was only We should remember Ronald Rea- ly to get worse as it is to get better be- part of that plan. And once again we gan’s admonition regarding this area of cause, in fact, my colleagues have la- have been told that all options are still the world. Ronald Reagan reflected on bored very effectively and have taken on the table for dealing with Syria, in- Lebanon in his memoirs, describing the some input from me to create a bill cluding war. Middle East as a ‘‘jungle’’ and Middle which is tailored to the twin objec- The statement that should scare all Eastern politics as ‘‘irrational.’’ It tives. Americans and the world is the assur- forced him to rethink his policy in the Now, I would hope the day would ance by Secretary Rice that the Presi- region. It is time we do some rethink- come when the President of the United dent needs no additional authority ing as well. States could certify to this Nation that from Congress to attack Syria. She ar- This bill today does not help. Russia is doing everything possible to gues that authority already has been Mr. Speaker, I yield the balance of help us prevent Iran from developing granted by the resolutions on 9/11 and my time to be equally divided between nuclear weapons and in any case was Iraq. This is not true, but if Congress the gentleman from California (Mr. not helping Iran to develop those ter- remains passive to the powers assumed LANTOS) and the gentleman from Cali- rible weapons. But until that day by the executive branch, it will not fornia (Mr. ROHRABACHER), and I ask comes, present law says that we cannot matter. As the war spreads, the only unanimous consent that they be al- contract with agencies of the Russian role for the Congress will be to provide lowed to control that time. Government space program no matter funding lest they be criticized for not The SPEAKER pro tempore (Mr. what for various space-related activi- supporting the troops. In the mean- POE). Is there objection to the request ties. time, the Constitution and our lib- of the gentleman from Texas? As I understand this bill in its final erties here at home will be further There was no objection. revised form, and I see most of the eroded as more Americans die. Mr. LANTOS. Mr. Speaker, I yield 5 principal authors of the amendment to This escalation of conflict with Syria minutes to the gentleman from Cali- it here on the floor, and I know the rest comes as a result of the U.N. report fornia (Mr. SHERMAN), a distinguished will correct the record tomorrow if I concerning Hariri’s death. When we member of the Committee on Inter- misstate anything, but I would yield to need an excuse for our actions, it is al- national Relations. anyone here to correct me if I am

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00249 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23928 CONGRESSIONAL RECORD—HOUSE October 26, 2005 wrong, the bill in its present form cre- Finally, I want to thank the adminis- making it clear that we have a true ates a very limited exception to tration, including NASA and the State deadline. Under our bill, no funds can present law. It allows NASA to con- Department and the National Security be used in violation of the Iran Non- tract with Russian Government space Council, for being willing to consider a proliferation Act after 2012, even if the agencies only when those agencies are variety of approaches, and I want to funds are made available before 2012 the only available seller of goods and thank the gentleman from Tennessee and even if they are made available services necessary to meet our obliga- (Mr. GORDON), my ranking Democrat pursuant to an agreement that existed tions to the international space sta- on the Committee on Science, for being before that date. tion. a thoughtful participant as we exam- So I think we are where we have to There are two important aspects of ined different ways to deal with this be on this bill in order that we are that understanding. One is the lan- issue. going to protect the space program guage that I said, the only available The puzzle we had to solve with deal- while protecting the world from nu- seller of essential goods and services. ing with the Iran Nonproliferation Act clear weapons. These issues are never That is to say this bill does not author- was how to enable the U.S. to continue easy and nonproliferation necessarily ize us to turn a blind eye to Russian to man the international space station involves a lot of guesswork about what space agency cooperation with the nu- without reducing our vigilance with re- is and what is not working; but this is clear plans of Tehran just because the gard to nonproliferation. I have been a responsible, thoughtful compromise. Russian space agency is the cheapest clear all along that, for me, maintain- In closing, let me again thank the or the most convenient or a few days ing nonproliferation is a far more im- Members of the Committee on Inter- faster. It allows us to ignore those important goal than is continuing to have national Relations and their staff, par- portant Iran nonproliferation goals Americans aboard the space station. ticularly Walker Roberts, for working only when it is absolutely necessary But from the point of view of space so cooperatively with us and for con- and only when necessary to meet our policy, we had another goal here, too. tinuing to push for tighter, but reason- own obligations to the space station, We wanted to make sure that Russia, able, language. I want to thank our staff on the Com- not obligations of other countries. or any other foreign nation, could not mittee on Science, particularly Bill To reiterate, not only is this bill lim- bring our space program to a screech- Adkins, for ensuring that we always ited to situations where it is necessary, ing halt or whatever the equivalent took into account all the implications not merely convenient, for us to con- would be in the vacuum of space. tract with the Russian space agency, of the proposed language. Therefore, we wanted to try to write Mr. Speaker, I urge my colleagues to but it is also a requirement that we are this bill in a way that would create an support this measure, which incor- meeting our obligations to the inter- incentive for NASA to contract with porates a truly thoughtful and effec- national space station, not a cir- new suppliers that would not be de- tive compromise. cumstance when we are paying the pendent on foreign technology to get Mr. LANTOS. Mr. Speaker, before Russians to meet their own obligations U.S. personnel or supplies to and from yielding back my time, I want to pay or the obligations of some other coun- the Space Station. public tribute to two outstanding try. b 1915 members of our staff, David So I thank the gentleman for yield- Abramowitz and David Fite, who did These are all tough goals, goals that ing me this time. And to put it in con- extraordinary work on this very com- have had their critics, goals that cre- text, I think this bill does a good job of plex piece of legislation. striking what is the best balance we ate winners and losers, goals that seek Mr. Speaker, I have no additional re- are likely to see in this legislative to balance competing national needs. quests for time, and I yield back the process between our goals. And I think with this version of the balance of my time. Mr. ROHRABACHER. Mr. Speaker, I Iran Nonproliferation Act, we have Mr. ROHRABACHER. Mr. Speaker, I yield 6 minutes to the gentleman from come as close as anyone possibly could yield myself 3 minutes. New York (Mr. BOEHLERT), a Member to accomplishing our goals. First of all, thank you very much to who was both the senior member of the The bill enables the U.S. to continue the gentleman from California (Mr. Permanent Select Committee on Intel- to use the International Space Station LANTOS) and all those on the other side ligence as well as serving as chairman unimpeded. The bill, in effect, allows of the aisle and the gentleman from of the Committee on Science. the status quo to continue until 2012, California (Mr. SHERMAN), who has Mr. BOEHLERT. Mr. Speaker, I rise when presumably the U.S. will have ac- done such great work in our committee in strong support of this amended cess to a new crew exploration vehicle and on issues dealing with Iran and version of S. 1713. to carry astronauts and commercial trying to secure the safety of our coun- Let me start by thanking the gen- firms to move cargo. We will see if the try as well as the Middle East. The tleman from Illinois (Mr. HYDE) and budget enables that to actually happen gentleman has my respect; and as he the gentleman from California (Mr. on that schedule, but it is a plausible knows, he has had my cooperation in LANTOS) for working so cooperatively position. the past, and we appreciate his co- with us for so long on this issue, which The bill encourages NASA to find operation on this effort as well. is of great concern to both of our com- commercial firms that are not depend- This legislation needed to come to mittees over which both of our com- ent on the Russians to carry cargo in the floor, and we needed that type of mittees have jurisdiction. I also want the future by setting a specific end bipartisan cooperation as well as co- to thank the gentleman from Cali- date for our current relationship with operation with the Members on this fornia (Mr. CALVERT), the chairman of the Russians. And the bill minimizes side of the aisle and the hard work of our Space and Aeronautics Sub- the harm to the nonproliferation re- the staff of both the Committee on committee, who, as always, has helped gime by requiring the act to be re- International Relations and the Com- to keep our eye on the ball and has viewed again in 2012, by making it mittee on Science to ensure that we pressed to make sure we got this done. clear that no individual entity that were able to get this legislation passed The gentleman from California (Mr. violates the act can receive U.S. money in time to prevent what would have ROHRABACHER), the gentleman from and by adding Syria to the countries been an embarrassment, a major em- California’s (Mr. CALVERT) predecessor, listed in the act, and, finally, by re- barrassment, to the United States of who serves on both committees, played quiring clear reporting of payments America, which would have done irrep- a similarly dogged role. And if one has under the act. arable damage to our credibility. been exposed to the Rohrabacher ma- The Senate deserves credit for mov- Our space program would have been chine, they know he is persistent. All ing all parties toward compromise; and humiliated by the elimination of of us have cosponsored the bill before our version, I would say, perfects that America’s presence on the Inter- us today. compromise by adding Syria and by national Space Station, having an

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00250 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23929 International Space Station, which we vided in the Senate version. But, it would agreement and contractual arrangements with paid for, then to be occupied and con- eliminate the ambiguity in the Senate version, the Russian Federal Space Agency quickly in trolled by Russians. We have, by this whereby payments and services might be ren- order to ensure uninterrupted training beyond effort today, and by this cooperation, dered well beyond January 1, 2012. Instead, October 2005. The next ISS crew is scheduled prevented that shortcoming, that hu- the substitute text would clearly establish that to fly on the Russian Soyuz in April 2006. If miliation from happening. no payments or services may take place after this amendment is not enacted, INA restric- But let me note, it was never the in- that date unless Congress provides additional tions will prevent a continued presence of U.S. tent of the authors of this part of the authority through new legislation or the Execu- crew onboard the ISS and limit U.S. presence Iran Nonproliferation Act that we tive Branch makes the determination required onboard the ISS to Space Shuttle visits. We should ever come to a crisis like this. I under existing law concerning an end to Rus- could lose our leadership role on the Inter- can say that with certainty, because I sia’s support for Iran’s weapons programs. national Space Station. was the one who was involved with During my discussion of the substitute text I know this amendment has been negotiated writing this portion of the Iran Non- with NASA Administrator Griffin, he expressed and discussed by many of my colleagues, who proliferation Act. I felt at that time we support for our version of the bill provided one recognize the extreme importance of passing should have taken care of this issue a small concern could be resolved. His concern a measure which allows NASA to continue long time ago with carrots rather than centered on a parenthetical expression, which with its current role on the Space Station. I am sticks. he felt might constrain negotiation of arrange- a sponsor of this legislation and, at the same I went to both the Clinton adminis- ments with Russia before new payments could time, I have been concerned that we not be so tration and the Bush administration commence. I agreed to strike the relevant lan- restrictive on NASA to prevent them from years ago to ask them to offer Russia guage on the express understanding, which doing their mission. S. 1713 as amended an alternative to being involved with Mr. Griffin accepted, that, while the substitute grants NASA the authority to procure urgent Iran in terms of building nuclear facili- text as revised would permit any necessary ar- required goods and services from Russia, in- ties. The Clinton administration did rangement for payments in order to fulfill exist- cluding crew rescue, to allow continuing ISS not act and the Bush administration ing United States obligations under the space operations in the most safe and effective way did not act to prevent this crisis that station agreement, it would not permit pay- possible. Some of these goods and services we are averting right now at the last ments for new obligations. During consider- will be required from 2012 to the end of the minute from happening. ation of the bill a question arose concerning program’s operation. Moreover, ISS is an Thus, for the record, let us note that, whether this limitation would restrict NASA’s operational program that continues to evolve, yes, we have averted a crisis; but a ability to purchase international space station requiring enough flexibility to deal with emerg- long time ago, positive and responsible re-supply services from U.S. companies using ing issues over time. Consequently, Congress actions by either the Clinton adminis- Russian content, should NASA conclude that may need to address this issue again at a tration or the Bush administration this is necessary to meet U.S. obligations later date. We should be watchful as we move could have prevented this from hap- under the space station agreement. In my forward that we are able to maintain the ISS pening in a most important way. opinion, this would not be the case, assuming and to retain our leadership role. Let me note, cooperation with Russia the bona fides of the Russian suppliers. As the Chairman of the House Space and in the space program is not inherently In addition, the substitute text makes three Aeronautics Subcommittee, I am mindful of bad. It is something that is inherently changes to the underlying law, the Iran Non- the importance of a continued American pres- good. It places the Russian scientists proliferation Act of 2000. First, the Act would ence in space. This amendment moves in the working on positive programs such as henceforth be applicable to Syria, as well as right direction by supporting those Russian en- cooperation with America’s space pro- to Iran. Second, the Act would cover weapons tities which are compliant, while helping to gram. Israel itself is very involved with technology exported to other countries by Iran solve near-term problems for NASA and its the Russians in their space program. and Syria (as well as weapons technology im- international partners. Russian rockets launch Israeli sat- ported by them). Third, ‘‘foreign persons’’ Without legislative action, NASA will have ellites. Thus, we know that it is not in- would hereafter be defined to include foreign limited access to the ISS until the U.S. Crew herently tied to Iran, the cooperation governmental entities, in addition to individuals Exploration Vehicle is ready to be deployed. I with Russia in space matters. and business organizations. urge my colleagues to pass S. 1713 as But let us make sure that by passing I consider these changes to the underlying amended as expeditiously as possible. I also this today we in no way are belittling law to be both necessary and timely in light of salute my colleagues for bringing this impor- the argument about the importance of two recent developments. The first concerns tant legislation to the floor in such a timely dealing with Iran’s development of nu- charges by the United Kingdom that either manner and plan to offer my support as we clear weapons. This should be of con- Iran, or Iranian-backed Hezbollah, is supplying pass this legislation today in the House of cern to each and every one of us, and explosives technology used by insurgents Representatives. passage of this bill does not lessen that against coalition forces in Iraq. The second is Mr. CROWLEY. Mr. Speaker, I rise today to concern whatsoever. the very troubling UN report implicating Syria speak in strong support of the amendment of- Mr. HYDE. Mr. Speaker, I rise in support of in the February 14th massive bombing assas- fered by Mr. HYDE and Mr. LANTOS. the Hyde-Lantos amendments to S. 1713, a sination in Beirut of former Lebanese Prime Iran and Syria remain threats to the security bill passed by the Senate on September 21, Minister Rafik al-Hariri. and stability of the Middle East and the world 2005 amending the Iran Nonproliferation Act In light of NASA’s support and the enhance- whether it is from their continued support of of 2000 to authorize new payments to Russia ments to United States nonproliferation inter- terrorists to their desire to obtain unconven- in support of the international space station. ests we have made to the bill, I am optimistic tional weapons. The Hyde-Lantos amendments, which have that the Senate will have little difficulty agree- Iran continues to thumb its nose to the IAEA been authored on a bipartisan basis, would ing to this substitute text. and the international community on its desire provide a substitute text for the Senate bill. Mr. CALVERT. Mr. Speaker, I rise in sup- to obtain nuclear weapons. The Senate bill is defective in significant report of S. 1713, as amended, which strength- According to the British, Iran is providing spects. Chief among these would be a reduc- ens the Nation’s nonproliferation principles weapons to terrorists attacking coalition troops tion in United States leverage over Russian and objectives while allowing NASA to meet and working hard to destabilize Iraq even technology transfers to Iran’s weapons pro- its operational and programmatic needs with though it is not in the region’s interests. grams. The Hyde-Lantos substitute text would regard to the International Space Station Syria keeps its border with Iraq open thus remedy this and other deficiencies in the Sen- (ISS), as called for in the President’s Vision allowing foreign fighters to illegally enter Iraq ate bill by more carefully balancing space co- for Space Exploration. I am pleased to be a and carry out terrorists plots. operation interests with our nonproliferation in- cosponsor of such important legislation with These terrorists are working against the terests. my colleagues and friends, Chairman HYDE, Iraqi people’s quest for freedom and democ- In particular, the substitute text would permit Ranking Member LANTOS, Chairman BOEH- racy. NASA to make payments to Russia for the LERT, and Congressman ROHRABACHER. This Iran is not the only neighbor Syria has been next six years, up to January 1, 2012, as pro- amendment is timely. NASA must revise its working hard to destabilize.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00251 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23930 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Last week, the UN released the findings of Here are three examples of arrangements debate: the ISS program requires long-term its investigation into the assassination of that are wholly consistent with the legislative flexibility for NASA to safely and cost-effec- former Lebanese prime minister Rafik Hariri text, the Senate and House floor statements tively execute both for our taxpayers and to and I don’t think any of us in this House were by the architects of this legislation, and the meet our international commitments. We are surprised to see that they pointed a finger at Administration’s request for relief, but which partners with Russia in the Space Station. the regime of Syria’s President Bashar Assad. would not be allowed under Mr. SHERMAN’s in- Both NASA and its commercial providers need Before his death the former prime minister terpretation. to be able to exchange goods and services at had become one of the most vocal opponents First, NASA has stated it wants to use the ISS with nonproliferation compliant Russian of the Syrian occupation. Russian Soyuz crew capsule to exchange entities for the lifetime of the station, particu- This report names high level Syrian and long-term ISS research crews, even during the larly as we seek to engage the U.S. private Lebanese government officials who plotted to time the Space Shuttle is flying, because this sector in ISS operations. Last week the House assassinate this outspoken leader. will allow the Shuttle astronauts to focus on made clear that even in a time of great con- I hope that our actions today will show the job of assembling the Space Station to cern over the manifest threat from Iran, we President Assad that our resolve is strong. meet our international partner commitments want NASA and industry to have this ability at Mr. Speaker, Syria must change its ways during the Shuttle’s limited remaining lifetime. least through January 1, 2012. and begin to contribute to international peace Under the previously negotiated agreements Mr. Speaker, I yield back the balance and security rather than undermine it. between our countries, Russia is no longer ob- of my time. I urge all my colleagues to support this im- ligated to provide NASA with Soyuz crew The SPEAKER pro tempore (Mr. portant amendment. transport seats. Therefore, in this example, Mr. ROHRABACHER. Mr. Speaker, I rise to POE). The question is on the motion of- NASA would not be paying Russia for an obli- fered by the gentleman from California clarify a confusing or mistaken impression that gation they have promised to us. However, may have been left by one of my colleagues (Mr. ROHRABACHER) that the House sus- because NASA could theoretically use the pend the rules and pass the Senate bill, during the House floor debate on S. 1713, the Space Shuttle as an alternative to carry out Iran Nonproliferation Amendments Act of S. 1713, as amended. crew transfer, albeit at some risk and a cost The question was taken; and (two- 2005, for which I served as the majority floor to our other ISS commitments, Mr. SHERMAN’s manager. thirds having voted in favor thereof) inference would suggest NASA cannot do this. the rules were suspended and the Sen- The purpose of enacting S. 1713, as Given that the primary exigency for adopting amended by the House, is twofold: to ate bill, as amended, was passed. this legislation is enabling continued U.S. oc- The title of the Senate bill was strengthen our nonproliferation tools in dealing cupation of ISS beyond April of next year, with Iran and also Syria, and at the same time amended so as to read: ‘‘An Act to which requires payment for training and make amendments to the Iran Non- enable necessary cooperation between NASA launch to ISS of a NASA astronaut on the and U.S. businesses with their Russian coun- proliferation Act of 2000 related to next Soyuz launch, Mr. SHERMAN’s interpreta- International Space Station payments, terparts on the International Space Station. tion is incorrect. and for other purposes.’’. Just to be clear, in no way does S. 1713 favor Second, Chairman HYDE’s statement explic- A motion to reconsider was laid on our space goals at the expense of effective- itly makes clear that cargo resupply services the table. ness in nonproliferation. In fact, the time-lim- to ISS using technology developed by Russian ited authority we give NASA to purchase, ei- companies would be legal under the amended f ther directly or through U.S. companies, Rus- Act, again within the limitations I stated above. SPECIAL ORDERS sian space goods and services, is in my view This would be the case regardless of whether The SPEAKER pro tempore. Under a net plus for nonproliferation, not a minus. the Space Shuttle might technically be avail- the Speaker’s announced policy of Jan- That said, I want to stress that the legisla- able to deliver cargo to ISS, namely through uary 4, 2005, and under a previous order tion the House adopted, and the intent of that the middle of 2010. legislation, allows NASA significant flexibility in Third, some bidders may wish to use a very of the House, the following Members using Russian space goods and services to reliable and capable U.S. launch vehicle, one will be recognized for 5 minutes each. support the assembly and operation of the which the Defense Department uses right now f International Space Station between now and to launch critical military satellites, and which THE CONCERN OF FARMERS AND January 1, 2012. NASA is free to make pay- happens to incorporate Russian rocket en- RANCHERS ments pursuant to the Intergovernmental gines. Nothing in this bill was meant to pre- The SPEAKER pro tempore. Under a Agreement on ISS ‘‘or any protocol, agree- clude such activities, even though there might previous order of the House, the gen- ment, memorandum of understanding, or con- be similar launch vehicles which do not use tleman from Kansas (Mr. MORAN) is tract related thereto.’’ As Chairman HYDE Russian rocket engines. Mr. HYDE’s statement recognized for 5 minutes. pointed out in his floor statement, this means makes this clear. that after enactment of this legislation, NASA Beyond those examples, I would offer the Mr. MORAN of Kansas. Mr. Speaker, can enter into new arrangements to meet our words of House Science Committee Chairman tonight I rise to voice the concerns of needs regarding ISS, but that NASA will not BOEHLERT as further disputation of Mr. SHER- farmers and ranchers who struggle to enter into new obligations beyond or unrelated MAN’s reading. In his floor statement, Chair- feed the world as well as their own to the ISS. man BOEHLERT declares that ‘‘by setting a families. Kansans will tell you it is dif- The primary limitations with respect to ISS specific end date for our current relationship ficult to make a living on the farm. payments are the sunset date of January 1, with the Russians’’ the bill ‘‘encourages NASA Federal farm policies do not take into 2012, and the existing statutory requirement to find commercial firms that are not depend- account the current scenario of input that the specific Russian entities to be paid ent on the Russians to carry cargo in the fu- prices rising to record levels. Natural have not been sanctioned as proliferators ture.’’ While I may disagree with that goal or disasters, whether it is hurricanes in under the earlier sections of the Iran Non- a sunset date’s effectiveness as a manage- the South, in the gulf, or droughts in proliferation Act. ment tool, if Mr. SHERMAN’s reading were true, the Midwest, still fall far beyond what I point all of this out because my friend and the sunset date would be superfluous, be- a farm bill or crop insurance policy can colleague, Mr. SHERMAN, mistakenly sug- cause once a U.S. provider whose service had adequately address. gested during the floor debate that the phrase no Russian content emerged, NASA would be As we have seen with hurricanes ‘‘necessary to meet United States obligations’’ barred from any further payments, let alone Katrina and Rita, not only do such dis- added to the Hyde-Lantos substitute to S. purchases, from companies which do use asters introduce terrible human suf- 1713 implies that NASA could not purchase some Russian content. Clearly Chairman fering and paralyze the region in which Russian goods or services if any other alter- BOEHLERT’s interpretation is the same as they hit, but they also affect with native was available. That is certainly not the Chairman HYDE’s and my own: Russian con- transportation bottlenecks and sky- plain meaning of the phrase, nor the intent be- tent is allowed up until the January 1, 2012 rocketing energy prices many others a hind it. However, because Mr. SHERMAN ex- date. long way away. plicitly invited correction, I am doing so here in Finally, I would just echo the comments Any suggestion that things are good some detail. made by Chairman CALVERT during the floor in ag country does not meet the reality

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00252 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23931 test. Having completed 69 town hall in the political realm of Washington. they can for their employees, they are meetings, one in each of the counties Real Americans cannot afford to drive secretly redesigning their work force that I represent, I know farmers are to work. They won’t be able to heat so those who work for them will not be greatly affected by the high cost of their homes in the winter. Real Amer- able to take advantage of the health fuel, fertilizer, and natural gas. ican farmers continue to lose money care plan that they have announced. American agriculture depends on feeding the world. We need real help for The memo also suggests that Wal- natural gas to bring food to our tables. the real America.’’ Mart can cut its labor costs by keeping We use natural gas for irrigation, for Mr. Speaker, we need to work to- less healthy employees out of the drying our crops, processing our food, gether as Members of Congress, as pol- workforce. It even suggests that they and, most importantly, in producing icymakers in these very challenging should include physical lifting require- our fertilizer. times. We must pursue economic, agri- ments in the cashier job, just so that In addition to price of natural gas culture, and energy policies that in- the company can use that requirement and fertilizer, the cost of diesel is a crease the chances that our farmers as an excuse not to hire unhealthy peo- major concern for producers. In Kan- can continue to farm the land and feed ple. The memo says that the top Wal- sas, it is estimated that the average the world. Mart officials received the rec- farmer’s fuel bill will increase $17,000 Mr. Speaker, as my farmers said, we ommendation enthusiastically. And, this year. Since January, diesel fuel need real help for the real America. guess what? We are starting to see has increased from $1.95 a gallon to f those changes take place. $3.15 a gallon this month. Kansas farm- Earlier this week Wal-Mart an- ers say when you do the math, it just WAL-MART MAKING LIFE WORSE nounced a new health care plan for em- does not pencil out. FOR WORKERS WHILE APPEAR- ployees, including a high-deductible It is easy for a Congressman to talk ING TO DO GOOD plan with health savings accounts. about these issues, but the mail from The SPEAKER pro tempore. Under a What does the memo say about this? It my Kansas farmers can better tell of previous order of the House, the gen- recommends plans with high the real struggles and convey the real tleman from California (Mr. GEORGE deductibles and health savings ac- story of life on the farm. MILLER) is recognized for 5 minutes. counts in order to attract low utilizers, Mr. Speaker, this is a letter from a Mr. GEORGE MILLER of California. that is a euphemism for healthier peo- farmer at Otis, Kansas. He gives me his Mr. Speaker, this morning the New ple, and discourage employment of name and tells me he is a middle-age York Times reported an absolutely high utilizers, the euphemism for sick farmer with an operation located in shocking story. The Times published people. western Barton and eastern Rush coun- an internal memo from Wal-Mart writ- The question is often asked, is Wal- ties. He tells me: ‘‘The recent fuel and ten earlier this year. The contents of Mart bad for America? The company’s fertilizer price increases are pushing that memo are stunning. own executive vice president has an- my bottom line into the red. Three The memo, penned by Wal-Mart’s ex- swered that question. The memo years ago I could buy a transport load ecutive vice president for benefits, is speaks for itself. of diesel fuel for $7,800 and today the concerned with employee benefits, Madam Speaker, what Wal-Mart is same amount costs me $27,740, a dif- namely how to cut the cost of benefits saying here is that the benefit that ference of 330 percent.’’ while improving Wal-Mart’s public re- they have announced to their employ- He says: ‘‘It seems as though other lations. In other words, the memo laid ees as being new and expansive it turns industries can pass fuel expenses by out a scheme whereby Wal-Mart will out is no benefit at all. You must work putting on fuel surcharges. However, make life worse for working people, 1 year before you qualify, and yet Wal- we are not able to do that. The Amer- while appearing to do good. It focused Mart plans to get rid of those people ican public is taking the farmer for on cosmetic improvements to Wal- who have worked that length of time. granted with the cheap quality food Mart’s image and real damage to Wal- Wal-Mart plans to hire more part-time that we provide. Wait until we are de- Mart’s employees. people so they will not qualify for the pendent upon foreign food like we are health care plan. Should they hire 1930 oil. I just hope and pray that the farm- b somebody that qualifies for it, they er can survive. Thanks for any help.’’ First of all, the memo admits that want to be able to discriminate in their And this from Lynette Stenzel, a Wal-Mart’s critics are onto something. hiring against somebody who may have farmer in Ness City, Kansas. She tells The memo states that Wal-Mart’s a health care problem, and, therefore, me she is ‘‘extremely concerned with health care plan, for example, is expen- they do not want to hire them, so they rising fuel prices. It not only affects sive for low-income families, and Wal- will make up a test that that person the economic concerns on the farmer, Mart has a significant percentage of as- has to go through, go around collecting but our local government, schools, sociates and their children on public shopping carts or lifting things so that churches, hospitals and even our com- assistance. The memo states that 46 they can root those people out of the munity service organizations. More percent of children of Wal-Mart em- selection process for whom they would money into the expense side of farming ployees are either on Medicaid or unin- hire. So Wal-Mart then says that this leaves less on the income side to sup- sured. It reveals that in 2004, 38 percent is the discriminatory policy that they port schools, churches and help raise of Wal-Mart’s employees enrolled in want to follow. funds for community projects. When the company health plan spent more What this shows is that Wal-Mart in living in a rural area, the economic sit- than 16 percent of the average Wal- the last couple of days has announced a uation of the farmer really does affect Mart income on health care. new energy policy; they announced a local bills as well.’’ Next, the memo goes on to complain new health care policy; they said they She tells me that her younger broth- that too many workers are sticking support an increase in the minimum er, who now operates a third-genera- around too long, driving up labor costs. wage, that it would help their busi- tion family farm, said he felt if and The thanks that these loyal employees nesses; and people started to say, what when he had to pay the same amount get from Wal-Mart is a plan by Wal- is this? Is this an extreme makeover for fuel as he got for a bushel of wheat, Mart to get rid of them. According to for Wal-Mart? Have they come to their it would be time to give up the farm. ‘‘I the memo, Wal-Mart is seeking to cut senses whereby they recognize their ob- am hoping he forgot that comment, as its labor costs by switching to more ligations to their employees, their obli- that time is here. His 12-year-old son part-time employees who will not have gations to the Earth’s environment, wants to continues the family farm, so meaningful access to the company their obligations on energy policy? Has hopefully that will be possible.’’ health care plan. So while Wal-Mart Wal-Mart finally become responsible? Finally, from a farm couple in South- announces to the public that they are No, this is not an extreme makeover. west Kansas: ‘‘The real America is not going to offer the best health care plan This is a cosmetic nip and tuck. This is

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00253 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23932 CONGRESSIONAL RECORD—HOUSE October 26, 2005 a cosmetic redo of a policy that is no leader is committed, involved, and en- Sam. His accomplishments speak for policy at all, because, apparently, Wal- thusiastic about making his city a bet- themselves, but it will take an awful Mart has already designed, as this ter place to live. lot of effort from a lot of folks to re- memo points out, the means by which However, Sam’s involvement in his place what he did.’’ they will not have to invoke the bene- community far outdates his rise to Madam Speaker, the residents of fits of the health policy for their em- mayor. Sam Smith was a true fixture Cartersville, Georgia, were fortunate to ployees. in Cartersville, and his shoes will be have Sam leading their community. He This is damning evidence, but what it hard ones to fill. This is a man who made Bartow County a better place to means, if we thought that this was earlier today was laid to rest less than live, to do business, even cheer on a going to be maybe a new Wal-Mart, a a mile from the place where he was local baseball team. It was a privilege Wal-Mart that would be welcome to born 58 years ago. to know him, and his presence will be communities rather than fought by After graduating from the University deeply missed. communities, what this means is, in of Tennessee with a degree in finance, Madam Speaker, today Bartow Coun- fact, that that is not the case at all. Sam quickly became a shining star for ty said goodbye to a favorite son. I Wal-Mart is going to continue their the Bartow County community. In 1972, offer my condolences to his family, his policy of everyday low wages, of every- he was named Cartersville’s Out- friends, and his beloved community. I day no health care, of everyday standing Young Man of the Year, and know that while Sam Smith is no ruination of the environment, of every- in 1979, he was named one of five Out- longer with us, his legacy will continue day mistreatment of their workers. standing Young Men in the State of for many years to come. That is the Wal-Mart policy. That is Georgia by the Georgia Jaycees. These f the Wal-Mart policy that caused them early accolades were followed by years TIME TO TAKE THE INCENTIVES to violate labor laws over and over of service to the community that hon- OUT OF PRICE-GOUGING BY THE again, to discriminate against their ored him. OIL COMPANIES At the age of 26, Sam became presi- employees over and over again, to The SPEAKER pro tempore (Mr. abuse the women employees over and dent of Bartow County Bank, making GINGREY). Under a previous order of the him the youngest bank president in the over again. That is the record of Wal- House, the gentleman from Oregon (Mr. Mart. State of Georgia. His distinguished ten- DEFAZIO) is recognized for 5 minutes. ure lasted for 20 years. More recently, This was a false sunrise. This was a Mr. DEFAZIO. Mr. Speaker, yester- false sense that somehow Wal-Mart had he cofounded and served as president of day, we saw an extraordinary event: started to accept its responsibility to- Century Bank, the position he held at The Republican leadership of Congress wards its employees. In fact, once the time of his death. asking, pretty please, if the oil indus- again, it is going to abuse its employ- Sam Smith exemplified that ‘‘per- try would build more refineries. ees. Sadly so, that is the case. sonal banker’’ we value in a bank. So Now, of course, this flies in the face f many people remember Sam as a bank- of the strategy of the oil industry and er who gave them their first loan, their everything that has been done in the EXCHANGE OF SPECIAL ORDER first job, or that first vote of con- TIME so-called energy bills we have passed so fidence in their new home or business. far, which is providing incentives, tax Mr. GINGREY. Madam Speaker, I Sam was also intimately involved in subsidies, and status quo to the oil and ask unanimous consent to take the community organizations. He served as gas industry. In fact, in the last 10 time of the gentleman from North president of the Cartersville-Bartow years, the oil industry, through merg- Carolina (Mr. JONES). Chamber of Commerce in the early ers, has managed to close half of the The SPEAKER pro tempore. Is there 1980s and as chairman of the Georgia refineries in America. And now today, objection to the request of the gen- Bar Association Committee on Fee Ar- when we see extortion in prices for gas tleman from Georgia? bitration in the 1990s. At the time of at the pump, and we say, why is that? There was no objection. his death, Sam was chairman of the And they say, we do not have enough f Independent Bankers Association’s refineries. And then they say, those Bank Services Committee. REMEMBERING SAM SMITH darn environmentalists. But they do Sam Smith’s community involve- not put it in the same sentence, be- The SPEAKER pro tempore. Under a ment went well beyond the financial cause they know it is not true. Not a previous order of the House, the gen- sector. He helped bring a new Georgia single refinery was closed for environ- tleman from Georgia (Mr. GINGREY) is Highlands College campus to mental reasons. recognized for 5 minutes. Cartersville, and was an active member They have not applied to build new Mr. GINGREY. Madam Speaker, I of Sam Jones United Methodist refineries. They, in fact, have con- rise today to recall the life of Sam C. Church, and was an avid supporter of sciously closed refineries and squeezed Smith, former mayor of Cartersville, Cartersville’s high school athletics. down refinery capacity, so like Enron Georgia, president of Century Bank, Just 12 days ago I was honored to be in California, when they shut down and a lifelong community activist who his guest at the Cartersville-Carrollton their generating plants, they can say, leaves behind an everlasting legacy of football game. Sam knew every Purple oh, the price has got to go up. We do service to his hometown. Sam is sur- Hurricane by first name. not have enough of the product out vived by his wife, Connie Hill Smith, Last night I attended Sam’s wake, there. and his three children, Ginny, Taylor, and I was reminded of the impact a In fact, if you look at where con- and Drew. leader can have on the community he sumers’ money is going, if you take gas Sam’s untimely death this past serves. Everyone shared words of at $2.50 a gallon, about 95 cents of that weekend is deeply felt by the entire praise, joyful memories, and personal is going to the refiners. That is up from Cartersville community, and I would stories I know will be told for many the historic average of 27 cents, a 400 like to share some of his accomplish- years to come. percent increase in profits to refiners, ments here today. It is fitting that the current mayor which is adding up to a wonderful bot- Sam lived life with a passion for ev- of Cartersville, a job Sam held with tom line for the oil companies. Today erything he did, and he worked tire- such honor, eloquently captured the Conoco-Phillips announced that their lessly for the betterment of his com- spirit of Sam Smith this week. profits are up 89 percent over this quar- munity. Never a man with small Cartersville mayor Mike Fields com- ter last year, $3.8 billion in the third dreams or goals, Sam served as mayor mented, ‘‘I can’t think of anybody else quarter. Not bad. BP, kind of a piker of Cartersville from 1998 to 2002, and who cared more about this city than here, probably their stock will go his tenure exemplified the kind of work Sam Smith. Very few people put as down; their profits only went up 34 per- that can be achieved when a city’s much heart and soul into the city than cent. What Americans’ wages went up

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00254 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23933 34 percent, except maybe some of the could file a free trade complaint about a full military funeral tomorrow, CEOs of these companies, $6.53 billion? them, but he will not. I have written to Thursday, October 27, and buried at the But Exxon Mobil, the big one, will him. I have asked him. I have intro- Mt. Moriah Cemetery in Withamsville, announce tomorrow, and it is widely duced legislation. They will not hear Ohio. All of us mourn Rick’s loss and expected among analysts, that they it; they will not let us vote on it. No- are grateful for his brave and valiant will report third quarter profits, one body wants to take on OPEC, because service to our country. quarter, that is 3 months, of nearly $9 they are working hand in glove with I ask my colleagues to join me in billion, which will be the largest quar- Exxon Mobil and the big oil companies. praying for his family in their time of terly profit for any corporation in the They are all getting really rich to- grief and need. May Richard Pummill history of the world, and there is no gether, and the American consumers rest in peace. price gouging going on. are getting taken to the cleaners. f Now, one part of that sentence was Short term we could save tens of bil- 2,000 DEAD IN IRAQ true, and the other part was a lie. The lions of dollars for American industry, first part was true: The largest ever business, consumers, and others, and The SPEAKER pro tempore. Under a quarterly profit in the history of the then long term we need an energy pol- previous order of the House, the gentle- world will go to Exxon Mobil, who has icy in America, something that has not woman from California (Ms. WOOLSEY) closed dozens of refineries, and then happened in 5 years, even with Dick is recognized for 5 minutes. they say, well, we do not have enough Cheney’s secret meetings at the begin- Ms. WOOLSEY. Mr. Speaker, his capacity. The Republican leadership ning of his term as Vice President. name is Staff Sergeant George T. Alex- says, pretty please, might you build What we have is more subsidies for the ander of Clanton, Alabama. He died on more refineries? oil, coal, and gas industry instead of a Saturday, 5 days after a bomb exploded Now, the oil industry is getting a lit- visionary energy policy that will get us near his vehicle about 60 miles north of tle worried because the American peo- new fuels, new technologies for the fu- Baghdad. He was the 2,000th brave ple are kind of onto this game. We saw ture, and make us energy-independent American to give his life in the Iraq over three bucks a gallon on the west and efficient. war. coast on Labor Day weekend, but guess My deepest sympathies go out to his f what? We are not in the east coast sup- family, who I hope finds some comfort ply chain. Now, what justified that, ex- b 1945 in the knowledge that Sergeant George Alexander is remembered by all of us cept for price gouging and profit-tak- ORDER OF BUSINESS ing, which did contribute to the largest as a true national hero. We mourn the ever quarterly profit for a corporation Mrs. SCHMIDT. Mr. Speaker, I ask loss of Staff Sergeant Alexander just as in the history of the world? Oregonians unanimous consent to speak out of we continue to mourn all 1,999 who and other Westerners contributed to order for 5 minutes. came before him. that, or were extorted to contribute to The SPEAKER pro tempore. Is there In my recent visit to Iraq, nothing that? objection to the request of the gentle- made a greater impression on me than And the industry is starting to get a woman from Ohio? the intelligence, decency, and loyalty I little worried that maybe some mean- There was no objection. saw in our soldiers. They really are the ingful action might happen, but they f best our country has to offer. It pains do not have to worry, because we have me to think that any one of them could HONORING THE MEMORY OF CIN- two oilmen in the White House, and we become casualty number 2,001; 2,002; CINNATI, OHIO NATIVE MARINE have a Republican leadership in Con- 2,050; or 2,060. And it pains me that we STAFF SERGEANT RICHARD T. gress that says, pretty please, would clearly do not have civilian leaders PUMMILL you please do something about this, worthy of our troops. and you better not price gouge any- The SPEAKER pro tempore. Under a It pains me that these soldiers have body. previous order of the House, the gentle- been betrayed by their superiors who In fact, the so-called energy bill we woman from Ohio (Mrs. SCHMIDT) is sent them to Iraq on false pretenses, on passed just about 10 days ago, energy recognized for 5 minutes. a poorly defined mission without all of bill II, all the bad ideas that did not fit Mrs. SCHMIDT. Mr. Speaker, I rise the tools they needed and without a into energy bill I, actually would have today to honor the memory of a brave plan to bring them home. penalties for price gouging. But they soldier who died in Iraq nobly defend- 2,000 deaths is 2,000 too many for this could not be applied to refiners whose ing our freedom and in the service of mission, a mission which was profits are up 400 percent, or to pro- our country. Staff Sergeant Richard immorally conceived and has been in- ducers, crude oil producers, whose prof- Pummill was killed in action while on competently managed. The devastating its are up 50 percent, or even to dis- combat operations in the Al Anbar truth is that Americans are not safer tributors, but to retailers whose profits Province on Thursday, October 20, 2005. because of this war. We are not defeat- are up 2 percent. Rick is remembered as a star athlete ing the insurgency; we are inspiring it. Now, it is not the Mom and Pop gas who participated in football and wres- That is not the fault of the men and station that is gouging the consumers. tling at Anderson High School where women wearing the uniform; it is just They are at the end of the chain. They he graduated in 1996. His friends and the nature of this conflict. get the gas; they get a tiny little family knew him as a fun-loving, out- Every day that we occupy Iraq breeds markup. They are not the ones manip- going, and energetic person who loved more resentment, more vicious and ulating the system. life and his family. He also loved his violent anti-Americanism. As one mili- It is time to break up these energy community and his country. He was an tary commander put it, for every insur- cartels, no more mergers, break up individual who wanted to do something gent killed, three more are created. some of these megacompanies that special with his life. He decided that How do we win such a war? And let us have been created, apply a windfall special purpose was to join the Marines not forget that the very first casualty profits tax to take the incentive out of and serve his country. in this war was the truth. price gouging, adopt meaningful price He truly loved his country, and our The President waxes idealistic about gouging legislation like 23 States in Nation is a richer place because of his spreading freedom. But we all know the Union have; do that nationally to presence. Devoted to his family, Rick that if spreading freedom had been the reign this in, go after OPEC and their is survived by his wife, Chantal; his stated rationale for war back in 2002, restriction of supply in violation of son, Donald; his parents, Lynn and there is no way this body would have WTO. Tom; and his loving grandparents. authorized the use of force. The President is a great free trader Visitations are going on this evening No, this was about the world’s most until it comes to OPEC, because he in Cincinnati. He will be honored with dangerous weapons in the hands of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00255 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23934 CONGRESSIONAL RECORD—HOUSE October 26, 2005

most dangerous people. Remember, it SIONAL RECORD. Tonight we continue our Nation in Iraq, Afghanistan, and was about yellow cake and aluminum this tribute by reading the names of throughout the world, and serve their tubes, mushroom clouds and nuclear some of those who have fallen recently country with distinction and honor. winters. They engaged in a campaign of to complete the list. Our thoughts and prayers and grati- fear based on a lie. At that point we had said we would tude are with you and your families at Saddam Hussein had no weapons of read every American’s name as an offi- this time until you return home. mass destruction, a very expensive lie cial part of the CONGRESSIONAL Madam speaker, in case I mis- that has cost America 2,000 of its finest RECORD. In the words of President pronounced any names of any of the in- patriots. Their campaign of deceit was Franklin Delano Roosevelt, each of dividuals, I apologize to them and their absolutely reprehensible. But I think these heroes stands in the unbroken family. This brings us to little over we also have to look forward, as well line of patriots who have dared to die 2,136 names read out of the 2,246. that freedom might live and grow and back; to focus on not just how we got f into Iraq, but how we are going to get increase in its blessings. out. God bless each of them and keep each STEEL TO SCHOLARS PROGRAM I held a hearing last month to ex- of the brave Americans whose memory The SPEAKER pro tempore. Under a plore in detail that very question. But we honor tonight in our hearts: 1st Ser- previous order of the House, the gen- geant Alan Nye Gifford, Specialist the President meanwhile can offer tleman from Ohio (Mr. RYAN) is recog- David H. Ford IV, Staff Sergeant nothing but the emptiest of platitudes: nized for 5 minutes. Regilio E. Nelom, Sergeant 1st Class it is hard work. Stay the course. We Mr. RYAN of Ohio. Madam Speaker, I Lawrence E. Morrison, Specialist Wil- will be there as long as we need to be rise today to speak on a program back liam L. Evans, Specialist William V. there. Terrorism bad, freedom good. in Youngstown, Ohio in the Mahoney Fernandez, Sergeant Michael Egan, 1st That is all well and good, but what is Valley, the old steel valley, called the Lieutenant Mark H. Dooley, Sergeant Steel to Scholars Program. And this the plan? Pierre A. Raymond, Staff Sergeant He says he is confident of victory. program was initiated by the president William Alvin Allers III, Sergeant of our Chamber of Commerce, Tom But what exactly constitutes victory? Travis M. Arndt, Specialist Scott P. What are the benckmarks of success? McLaughlin, Specialist Kevin M. Humphries. The intention of the pro- What is the plan? What does the end- Jones, Specialist Mike T. Sonoda Jr., gram is to go into schools and school game look like? Sergeant Paul C. Neubauer, Sergeant districts to set expectations and to If the President will not lead, then I Andrew Joseph Derrick, Sergeant highlight schools that are having suc- guess the rest of us will have to do it Brian E. Dunlap, Staff Sergeant Daniel cess on the test scores that are man- for him. There are three measures that R. Schelle, Sergeant Shawn A. Gra- dated by the State of Ohio, and other we can take immediately: first, multi- ham, Sergeant Kenneth G. Ross, Ser- test scores that schools take. lateral corporation. The Iraq campaign geant Tane T. Baum, Warrant Officer And I want to take this opportunity, never was a global coalition. But now Adrian B. Stump, Sergeant Patrick D. Madam Speaker, to thank Tom Hum- we can prevent further loss of life by Stewart, Chief Warrant Officer John M. phries for taking the initiative in rec- bringing the U.S. Armed Forces home Flynn, Sergeant 1st Class Casey E. ognizing the importance of education while simultaneously encouraging the Howe, Master Sergeant Tulsa T. in our community. United Nations and the NATO Alliance Tuliau, Private Elijah M. Ortega, Ser- b 2000 to establish a multinational interim geant Andrew P. Wallace, Specialist There is a lot that needs to be done security force for Iraq. Michael J. Wendling, Sergeant Howard in the field of education at a State Second, diplomatic nonmilitary ini- P. Allen, Lance Corporal Steven A. level and local level and definitely at tiatives. The U.S. must lead a diplo- Valdez, Staff Sergeant Robert F. the Federal level. But I believe that matic offensive, making its presence in White, Staff Sergeant Jason A. the most important thing that the Iraq a humanitarian partnership, rath- Benford, Private 1st Class Oliver J. Steel to Scholars program accom- er than a military occupation. Brown, Specialist Lee A. Wiegand, Ser- plishes is that it sets goals, and it re- Third, post-conflict reconciliation. geant Eric W. Slebodnik, Staff Ser- wards and highlights positive behavior The U.S. should work with the U.N. to geant George A. Pugliese, Staff Ser- and positive achievements. designate an international peace com- geant Daniel L. Arnold, Airman 1st mission to oversee Iraq’s postwar rec- Class Elizabeth N. Jacobson, Sergeant Madam Speaker, we recognize onciliation. It is time for the President Steve Morin Jr., Sergeant 1st Class throughout society, whether it is in to admit his mistakes, eat a little crow James J. Stoddard Jr., Staff Sergeant business or in education, that the level and shift course. John G. Doles, Staff Sergeant Jens E. of success that any organization has or It is time to return Iraq to the Iraqi Schelbert, Specialist Joshua J. any school district has or any team has people and the troops safely home to Kynoch, Sergeant Marshall A. is directly related to the level of expec- their families. Westbrook, Staff Sergeant Timothy J. tations that the community or the f Roark, Sergeant Larry Wayne Pankey coaches provide and the bar that is Jr., Private 1st Class Roberto C. Baez, there for the students to achieve. HONORING THE AMERICANS FALL- Regardless of what we talk about, as EN IN IRAQ AND AFGHANISTAN Specialist Jacob T. Vanderbosch, Ser- geant Bryan W. Large, Corporal John far as what needs to be done for edu- The SPEAKER pro tempore. Under a R. Stalvey, Sergeant Sean B. Berry, cation, whether it is through programs, previous order of the House, the gen- Petty Officer 2nd Class Brian K. Joplin, or after-school programs, or exactly tleman from Illinois (Mr. EMANUEL) is Private 1st Class Andrew D. Bedard, what needs to be done, there is nothing recognized for 5 minutes. Lance Corporal Carl L. Raines II. more important than telemarketing Mr. EMANUEL. Madam Speaker, yes- Madam Speaker, in the words of high levels of expectation, not in any terday we marked a solemn milestone: Abraham Lincoln, who wrote to the particular school district, but in all over 2,000 American military personnel mother of five fallen soldiers in the school districts, and that is what the have now given their lives fighting in Civil War, ‘‘I pray that our Heavenly Steel to Scholars program is all about. Iraq. 246 Americans have also fallen in Father may assuage the anguish of The competition that we have in the the line of duty in Afghanistan. your bereavement, and leave you only United States of America and around We owe these brave men and women the cherished memory of the loved and the globe is more pronounced than it and their families a debt of gratitude lost, and the solemn pride that must be has ever been in the history of the that can never fully be repaid. In July yours to have laid so costly a sacrifice United States of America. The com- of this year, I led a bipartisan group of upon the alter of freedom.’’ petition is fierce. That is why tonight, 21 Members of Congress in reading the I would also like to thank the brave Madam Speaker, we need to highlight names of the fallen into the CONGRES- men and women who continue to serve the responsibility and the obligation of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00256 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23935 all of our citizens. Parents need to Jr., of Texas, died from wounds he sus- keep us safe, no matter how many sac- make it a personal mission to sit down tained while serving in Iraq. His death rifices we have to make, the right and do homework with their kids; not brought the U.S. death toll in Iraq to thing to do is to stay the course. some parents, all parents. Teachers and 2,000 soldiers. In addition to that, over Mr. Speaker, that is easy to talk priests and pastors and the Chamber of 15,000 soldiers have been wounded, and about and say when you are talking Commerce and local elected officials over 400 are now amputees. My about somebody else’s children. The all need to be there to raise that bar, thoughts and prayers are with Staff President chose to go to war based on to raise that level of expectation so Sergeant Alexander’s family, and with false and misleading intelligence. Look that the kids, the students, will go out all the families that have lost a loved where it has gotten us. Look at the and try to achieve those levels. one in Iraq. scandals surrounding the White House If we look at what has happened in However, I hope the administration today because we tried to make the in- the past few years, just in the past dec- will use this milestone as an oppor- telligence fit the decision that had al- ade, the local labor pool that used to be tunity to be honest, to square with the ready been made to go to war. the United States is now the globe, and American people about why we are We are finding, and I guess we will high-tech, high-value workers, are re- fighting in Iraq, and to develop a know soon, once the indictments come warded with high salaries. stronger plan that will secure Iraq and down, who leaked the information I feel that the United States is not conclude our involvement the war. about Valerie Plame and outed her be- making the kind of investment that we Mr. Speaker, it is often said that to cause they were so mad at her husband, need the make. Example: China, last govern is to make choices. When it who had been sent to Niger to help put year, graduated 600,000 engineers; comes to the Iraq War, President Bush the story together that somehow Sad- India, last year, graduated 350,000 engi- has made the wrong choices. Instead of dam Hussein had been seeking neers; the United States, 70,000, and putting the entire resources of the yellowcake in Niger. When Mr. Wilson half of those graduates are foreign- United States behind the efforts to find came back and said it was not true, born. those responsible for the September then they went after Mr. Wilson. Some- In high-tech output, total research 11th terrorist attacks, the President how the Vice President’s office knows and development investment, U.S. pat- chose to use those tragic events as an all about this. ent applications, in all three of these excuse to go to war in Iraq. Mr. Speaker, it is time to bring our areas the Chinese have grown and Where is Osama bin Laden? Have we soldiers home. It is time for Repub- closed the gap on the United States stopped looking for him? We have in- licans and Democrats alike to under- and are projected to surpass the United vaded Iraq. We have the shock and awe stand that we do not need to lose an- States in the upcoming years. The U.S. campaign. Thousands of Iraqis are other American soldier in Iraq. has lost world share in high-tech ex- dead, and now 2,000 of our soldiers are He chose to go to war without international ports. If we do not recognize that we dead. We have left Iraq, and Baghdad in support or heed the warnings of those in Con- need to make investments in research particular, in shambles. We have appro- gress that urged him to slow the march to war. and development, make investments in priated money for the reconstruction The President chose to send our soldiers to education, but at the same time de- of Iraq, and we told the American peo- war without the body armor and armored vehi- mand from local school districts, local ple that we would basically pay for the cles necessary to keep our soldiers safe. teachers, parents, local elected offi- major reconstruction with the proceeds And, he chose to go to war without an ade- cials, there is no one that cannot be in- from the oil that we would pump in quate number of troops or a clear plan for how volved in this project. It will lead to Iraq. None of this is true; no weapons to succeed in Iraq. the success or the failure of the United of mass destruction, no money coming For those decisions, American soldiers are States in the next couple of decades. from the oil fields in Iraq, no rehabili- paying the price—and for 2,000 soldiers they Everyone has a role to play. tation having been done. The insur- have paid the ultimate price. Madam Speaker, I believe that the gents not only are bombing all of the It is time that the President recognizes the No Child Left Behind plan that passed different sites in Iraq, they are killing dangers of ‘‘staying the course’’ and develops this Congress needs to be fully funded. schoolteachers. a plan that accomplishes our mission in Iraq We need to make sure that those com- We have created a breeding ground and allows all our soldiers to return to their ponents of the No Child Left Behind for terrorists. Oh, we claim they are families. program that allow for tutoring and coming from Syria. We claim that Iran Madam Speaker, over the past several math and reading that have shown has a hand in it. What is interesting weeks, members of the Republican Caucus great levels of success, those children now is Condoleezza Rice is telling us have been trying to cut the Federal budget by who are tutored in math and reading that we are going to get Iran to help us $50 billion. They claim that it is to help pay for through the No Child Left Behind pro- with Iraq. At the same time, Iran is de- the rebuilding efforts in the wake of Hurricane gram have increased their reading veloping and making more sophisti- Katrina and Rita. scores by 70 percent in some school dis- cated its nuclear ability, but now we Perhaps most shocking, the Republicans tricts, one teacher to six kids, but the are going to try and join in with them are trying to cut hundreds of millions of dollars funding needs to be there. to help us with Iraq? With this business from the Department of Veterans Affairs. So we have the parents, the local of trying to make the American people If the Republicans are successful in their ef- community, the local elected officials, believe that all of the insurgents are forts to cut discretionary funding by 2 percent, and groups like the Chamber of Com- coming from Syria, we have created a the VA’s budget will be cut by more than $600 merce, and people like Tom Humphries new bogeyman for the people to focus million which translates to nearly 100,000 all coming together to support these on. fewer veterans receiving health care this year. kids so that we can have a better econ- But that is not all about this ter- It is heartless and cruel to cut the VA’s omy in the City of Youngstown and in rorism, in this fight against terrorism. budget in order to make room for more tax the old steel valley. It seems to me that the President of cuts for the wealthiest of Americans, while f the United States finds occasions by 159,000 U.S. soldiers are fighting in Iraq and which he comes to the American public tens of thousands more are deployed through- 2,000 U.S. SOLDIERS DEAD IN IRAQ and he tells us that we have to be wor- out the world. The SPEAKER pro tempore. Under a ried about a new terrorist threat. I urge my colleagues to oppose these cuts previous order of the House, the gentle- Every now and then he reminds us that and urge the American people to call their rep- woman from California (Ms. WATERS) is the terrorists are still out there, and resentatives and tell them to oppose these recognized for 5 minutes. somehow we have to stay in Iraq. If we cuts. Ms. WATERS. Madam Speaker, yes- do not, we are going to be vulnerable to Our soldiers and their families have sac- terday we reached a tragic milestone. all of these terrorists. But if we stay rificed too much for us to turn our backs on Staff Sergeant George T. Alexander, the course, not only is he going to help them when they return home.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00257 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23936 CONGRESSIONAL RECORD—HOUSE October 26, 2005 Madam Speaker, I close by thanking our ported his fellow marines, 16 of whom Madam Speaker, let me tell you what soldiers for their service and pray for their safe were wounded in this firefight, ensured we did find and what the world found return. that they receive medical treatment, and what history will reflect to the end f and then rallied the few remaining of time. members of his platoon and rushed to I keep in my desk drawer a picture of WAR ON TERROR—PROGRESS IN the critical rooftop defensive position Iraqi Kurdish mothers holding their ba- IRAQ to withstand the attack. I am quoting, bies tightly against them as they lie The SPEAKER pro tempore. Under ‘‘Braving withering enemy machine dead where they fell on the hillsides in the Speaker’s announced policy of Jan- gun and rocket-propelled grenade fire, northern Iraq where Saddam Hussein uary 4, 2005, the gentleman from Cali- he reached the rooftop and prepared to killed them with weapons of mass de- fornia (Mr. HUNTER) is recognized for 60 throw a hand grenade. As he moved struction; that is, chemical weapons; minutes as the designee of the major- into a position from which to launch or that is, poison gas; the only leader, to ity leader. throw this grenade, enemy machine my knowledge, since Adolf Hitler to Mr. HUNTER. Madam Speaker, I gunfire struck Lance Corporal Austin kill his own people with poison gas. take the floor tonight with my col- multiple times in the chest. Undaunted Every time I hear a speech about how leagues to talk about the values of by his injuries, and with heroic effort, things would have been better if the freedom and the men and women who Lance Corporal Austin threw his gre- Americans did not show up, I pull that have, in very difficult places around nade which exploded amidst the enemy, picture out to remind myself that the world, but especially in the halting their furious attack.’’ things only get better when the Ameri- warfighting theaters in Afghanistan cans show up, and sometimes it is lone- b 2015 and Iraq, have fought to change the ly, and sometimes it is tough, and world for freedom and, in doing so, to He did that with the last efforts of sometimes we only find a few of our secure the United States of America, his body before he succumbed to that really toughest, closest allies like the and to make us a more secure Nation, mortal wound. Aussies and the Brits standing side by and to accrue to the benefit of genera- By his bold leadership, wise judgment side with us. Although we now have tions over the next 10, 20 or 30 years. and complete dedication to duty, Lance lots of people from those countries that I thought to talk a little bit about, Corporal Austin reflected great credit we liberated, which Donald Rumsfeld especially following the speakers who upon himself and upheld the highest refers to as the new Europe, people like have deplored our policy and con- tradition of the Marine Corps and the the Polish troops, who are securing, demned our policy in Iraq and Afghani- United States naval service. That is taking part in the multinational orga- stan, I thought it might be important what Gordon England, Secretary of the nization, securing the southern part of to remind ourselves why we are in Navy, said in this posthumous award of Iraq. those theaters. the Silver Star medal to this lance cor- Sometimes we have a difficult mis- Madam Speaker, I brought tonight poral, one of thousands of about 140,000 sion, but it is very clear to us since some of the citations for gallantry, gal- personnel who have been in the theater September 11 that if we do not change lantry that was carried out by Amer- consistently over the last several the world, the world is going to change ican soldiers and sailors and airmen years, accomplishing their mission in us. For Americans who wonder why we and marines in Iraq. I wanted to read Iraq. have not been attacked over the last one of those. Then I wanted to talk So we know that this lance corporal several years, why there has not been about what these soldiers and sailors had incredible bravery, and I think fol- another September 11, one answer is and airmen and marines have pur- lowing especially the speakers who that we have kept the bad guy off bal- chased for the United States of Amer- have criticized this mission and said it ance. We pursued them in caves, in ica. I want to talk about the value of is without value, I think it is impor- mountains, at 12,000 feet high where what they have done for our country. tant to talk about the value for this they thought we would never get to This individual is Lance Corporal Nation that this lance corporal and the them. We have gotten them in safe Aaron C. Austin. This is a commenda- other hundreds of thousands of men houses where they thought they were tion, a copy of a commendation, and a and women who wear the uniform of totally safe, and we have pursued them posthumous Silver Star medal, the Na- the United States have delivered to us to places where they never dreamed we tion’s third highest award for valor through their service to our country. would be able to find them. Because of that was sent over to our office by the To hear the speakers who have criti- that, we have kept them off balance, Secretary of the Navy. It talks about cized this mission talk, we somehow and we have kept them in a position the incredible job that this young lance have created a terrorist enemy and an where it has been very difficult for corporal, one of the guys who makes insurgent enemy that, because of our them to organize another attack the Marine Corps work, that is an en- own fault, attacks America, and the against the United States. listed man just a couple of ranks up way for us to hold off these attacks, to The idea that we can somehow pull from private, but somebody who has dampen these attacks, is to be suppli- back into the United States and not taken a leadership position, who leads ant and to do nothing and to be compli- pursue this war against terrorism and a fire team or a squad in places like ant, and somehow we have agitated and everything will be fine is a very erro- Fallujah or Ramadi. upset the enemy who otherwise would neous idea. The men and women of our For conspicuous gallantry and brav- not be intending to hurt Americans. Armed Forces who are undertaking ery in action against the enemy as a I am reminded that when those this very difficult mission in Iraq are Machine Gun Team Leader, Company planes hit the United States in 9/11, it accomplishing the mission. The mis- E, 2d Battalion, 1st Marines, Regi- was following two major military oper- sion is of great value because we have mental Combat Team-1, 1st Marine Di- ations that this country undertook. In- discovered in this century that when vision, I Marine Expeditionary Force. terestingly, we took them both on be- we have brought freedom to countries, That is a force that takes a very dan- half of Muslim nations, protecting those countries have not been a threat gerous difficult area west of Baghdad. them from neighboring nations, from to the United States. This great lance corporal, in an in- the attacks of neighboring nations. We are not worried about the nuclear credible firefight in which they were One good question to ask the speak- weapons in Great Britain’s arsenal be- attacked from many different direc- ers who just finished was what did the cause Great Britain is a free nation. We tions, by dozens of rocket-propelled United States do to deserve those at- are not worried about the nuclear grenades, RPGs, attacked by thousands tacks? weapons in the arsenals, for example, of machine gun rounds, and then as- They further said, well, we did not of France or Israel because they are saulted to within 20 meters of their po- find any nuclear weapons, other weap- free nations. But we are worried about sition, Lance Corporal Austin sup- ons of mass destruction, in Iraq, and, nuclear weapons and the possibility of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00258 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23937 nuclear weapons being obtained by na- venture to think what the intent of nessee’s own 278th Regimental Combat tions which sponsor terrorism and those comments might be that we are Team of the National Guard. They are which are themselves tyrannical to hearing from the far left in this coun- returning to their families and loved their people. try, and I certainly hope that they will ones this week, and we welcome them. Every time we establish a nation reconsider those comments, but unfor- To the families whose loved ones will which is free, and it does not have to be tunately, the message those on the left not be coming home, you are in our a perfect democracy or a perfect repub- are sending is that we do not favor an thoughts and our prayers. Your suf- lic, but a Nation that has a modicum of aggressive war on terrorism and that fering is one we cannot fully com- freedom for its own people, and which we are not winning. prehend, but your sacrifice is never has a benign relationship, a good rela- Madam Speaker, they could not be going to be forgotten. We thank you, tionship with the United States, and further from the truth, and I want to we appreciate you, and we pray God which is not our enemy, and which will say thank you to all of these military will bless you. not be a launching point for future ter- families, especially the families whose Mr. HUNTER. Madam Speaker, I rorist operations, then we have family members the chairman is going want to thank the gentlewoman, and I achieved something of value that will to read those citations tonight, thank want to thank her for being such a accrue to the benefit of future genera- them for that sacrifice, thank these great representative of those men and tions of Americans. That is what our moms and dads who are here. They women who serve, particularly coming troops are doing. Our troops are doing really are on the frontline in homeland out of her National Guard unit and the something which is worthwhile and security, these moms that are tending 101st Airborne, a legendary division. which is good. to children, the dads that are tending I might say to the gentlewoman that For my friends who read off very sol- to children, while their spouse is de- a lot was made of the movie Band of emnly the names of dead Americans, ployed. Right here in this country, Brothers, a story of the 101st in World please do not give the impression that they are on the frontline. They are War II. Of course, we have referred to a their lives were given without value, making a tremendous sacrifice, and we lot of those people as the Greatest Gen- without reason, without cause, because appreciate that. eration, and indeed, they were a great they were given as a result of a very My hope is that some of these fami- generation. But in reading about the important mission. They have given lies are watching tonight and will hear exploits and meeting with the individ- great value to our country, and we owe this, and I want to thank every man uals of the 101st Air Mobile Division, all of them a great debt of gratitude. and woman who is in uniform, and I which today is, in fact, getting ready Madam Speaker, I have some other want them to know this. We are grate- and going into the northern AO, a very citations that I will read at a later ful and so thankful for their courage difficult place, and having already time. I am just talking a little bit and their commitment. We believe that served in Iraq, I think it can fairly be about these great men and women who what we are doing in Afghanistan and said they are the greatest generation. serve our country in uniform, who I Iraq, Guantanamo Bay and around the They are every bit as good and great think agreed with the proposition that world, we believe in it. We believe in and capable as the people that fought what we are doing in Iraq is the right this mission, and we do not believe in the Battle of the Bulge and went up thing. that the work in Iraq is in vain. those cliffs at Normandy. We are very What I would like to do right now, I would say this to them: Do not let proud of them. though, is yield to the gentlewoman anyone from the left or the right make I thank the gentlewoman, and I would like to yield to the gentleman from Tennessee (Mrs. BLACKBURN), be- you think otherwise. We believe in you. cause she has a few things to say about We know it is tough. We all know it is from New Hampshire (Mr. BRADLEY), this issue, and then we have five or six tough. Do we mourn each and every who has been a great supporter of the other colleagues that I would like to time we lose an American servicemem- troops and worked with us to put to- discuss this very important American ber? Absolutely. It breaks our heart. gether a great defense bill this year. Mr. BRADLEY of New Hampshire. mission with. I yield to the gentle- Are there days when we think the sun Madam Speaker, I thank the gen- woman from Tennessee. will not shine on our mission? Abso- tleman for the opportunity to be here Mrs. BLACKBURN. Madam Speaker, lutely. But Madam Speaker, we fight this evening. I thank the gentleman from California through those moments of doubt be- When our troops go into battle, they so much for yielding. cause we do not want our kids and our are blessed to have a chairman who The gentleman from California grandchildren to ever face another Sep- will fight for their body armor, who (Chairman HUNTER) has done a wonder- tember 11. We do not want our kids to will fight for the resources they need ful job in leading in this war on terror pay the price for inaction, and that is to prevail in every fight in this war on and leading in securing this homeland the price they would be called on to terrorism, and the gentleman from and homeland security, which is right pay. California (Mr. HUNTER) has done that, at the top of concerns of the American I could stand here and I could read bar none. You have made it your mis- people. He is a true leader, and this through a list, all of my colleagues sion. You have sons that are serving in House is fortunate to have him as could join me in reading through a list, Iraq. Thank you for the service that chairman of the Committee on Armed of achievements in Afghanistan and you give. Services. This country is fortunate to Iraq and not even begin to mention the Mr. HUNTER. Madam Speaker, do have his leadership on this issue. other Middle Eastern countries, but I not go too far in praising me. My son Madam Speaker, over the last few am not going to do that. It would take did serve a couple of tours in Iraq, but weeks, I have noticed a change in the a long time. I could talk about how we just like lots and lots of other sons. rhetoric, a troubling trend in the rhet- are dismantling al Qaeda, piece by Mr. BRADLEY of New Hampshire. oric. We have heard some of it here to- piece, every single day. I could talk Madam Speaker, I think that is what is night, and it really saddens me when about the fundamental change we are so important tonight, that all of us those that are opposed to an aggressive trying to bring to a region that has here, and I think most of us that are war on terror speak as they speak. spawned terrorism for decades before here to speak tonight, have been to Increasingly we are seeing those that we responded, but I know my col- Iraq. I have been twice, and I am oppose the war downplay the impor- leagues are going to speak to that. struck, as I am sure you are struck, by tance of the war, or they are trying to So I simply want to thank our troops the dedication of our soldiers. Let us minimize the seriousness of the sac- and thank our families. I want to face it, it is a difficult mission. rifice that our military is making. I thank the men and women who are find that very sad. serving at Fort Campbell, the 101st Air- b 2030 I do not know what the intent of borne, which is currently deploying. I The sacrifice that is involved, a num- those comments are. I dare not even want to welcome home from Iraq Ten- ber of Americans have lost their lives

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00259 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23938 CONGRESSIONAL RECORD—HOUSE October 26, 2005 or have come home injured. There is a the Iraqi security forces, will be what in this Chamber. I think the one thing sacrifice for their families. There is no enables our troops to be able to know that has been very humbling to me is question about that. But when I have that they have done a good job, they the experiences I shared visiting many gone there, the dedication, the sense of will be more ancillary. They will first of my friends that I have known for 28 purpose and progress that our troops be able to withdraw to certain secure and 29 years, serving around the world, are making is noteworthy. It is some- bases and then be able to come home serving in Afghanistan, serving in Iraq; thing that I wish most Americans with a job well done. That is the strat- and I think that their story is never could see, because when we look at the egy that is in place. It is working. The told in this Chamber. television and see it on the nightly number of Iraqi security forces is in- Their story is very rarely told in the news, you do not get the full balance of creasing every day. Their performance American media; and if it is told, it is the picture of the progress that is is improving, and democracy is gaining told almost as an afterthought. The being made. traction every day. one thing I would share that my class- Yes, as I said before, it is a very dif- With those two forces continuing, mates from West Point, friends from ficult situation. There is a significant our troops will be able to come home. when I served as an enlisted soldier, sacrifice that has to be made, but there We will welcome them home to a job friends who are in command of units on is progress being made. The progress is well done. Once again, it is an honor the ground now in the theater, re- our exit strategy. When our troops and pleasure to be here and to work turned to the United States with one have successfully completed the mis- with the gentleman on this important common feeling towards the American sion, all of us, on a bipartisan basis, mission. media and toward the left, and that is will be able to welcome them home to Mr. HUNTER. Mr. Speaker, I thank anger at a complete misrepresentation their loved ones and say job well done. the gentleman; and I am reminded also, of what they are doing. Let us look at that progress. I had as I look down through the last several I think the thing that we need to un- the opportunity to go in November 2003 days in October, in fact starting with derstand very clearly is that the battle and in April 2005, and the difference October 2, Iraqi Army soldiers captured to defeat the insurgents in Iraq is not was night and day. In 2003 there was bombers in Fallujah; October 5, Iraqi taking place in Baghdad. It is not tak- hardly any Iraqi security forces. The troops found and cleared improvised ing place in Tikrit and Fallujah and Mosul and Ramadi. That is where the Iraqi security forces now total about explosive devices in Fallujah; October kinetic end of the business is; but the 200,000 and are growing every day. 5, Iraqi soldiers seized a large weapons insurgents are desperate. If Abu Mosab Their training is improving. Their abil- cache hidden by anti-Iraq forces in a al-Zarqawi and Ayman al-Zawahiri in ity to operate independent of our forces school in Ramadi; October 8, Iraqi Iraq and Afghanistan can make the is growing. Army forces detained a suspected Iraqi clear statement that they see the cen- Yes, we have to continue to improve bomber in Fallujah. ter of gravity of this fight right here in upon the command and control struc- As we go down the line, we see the the United States and right here in ture and to make sure that they have accomplishments of this force, which is American public opinion and in the all of the training and armament that a young new force, because we did not willingness of American citizens to they need, but we are making tremen- want to use the senior officers of Sad- simply accept a call to duty, that is so dous progress; and we are seeing it in dam Hussein’s military. We needed to clear when the American people have the field as they are able to operate on grow a force from scratch from this the facts. their own and take the battle to the population. It has been tough. It has As I travel in my district and as I terrorists who are killing innocent been rough. But these great Americans have traveled in this country, the one women and children and Iraqi civilians in the 2nd Marine Division, the 101st thing I find very clearly is if an Amer- indiscriminately. And the Iraqi secu- Airborne, the 3rd ID, which is going to ican citizen has taken a moment to rity forces, a year from now or perhaps be replaced shortly by the 4th ID in speak to a soldier or Marine who has in that time frame, they will be fully Baghdad, and all the rest of these tre- served on the ground in Iraq or Afghan- trained, armed and equipped; and that mendous troops who are serving, as we istan, they have a completely different is certainly significant, significant realized after New Orleans, are people opinion, a completely different opinion progress. with great talents, great ingenuity and of what is happening. When I was in Iraq in April, we had great creativity. They can not only I think the thing that is remarkable an opportunity to meet with a number carry the day in a fire fight; they can to me, and I remember when I first of Iraqi women leaders, and they told also carry the day in training other joined the Army, is that the members me, and these are Iraqi people, they personnel. of the left mocked the military. I re- told me they are doing a much better The accomplishments of the new member receiving the Hitler salutes job protecting their country and their Iraqi military as it stands up and takes and being called a baby killer if I citizens. Yes, there is still work that over these areas of responsibility, like showed up on a college campus in uni- needs to be done, but hearing that from Najaf, which previously was a very hot form. The thing that is remarkable to Iraqi people was very noteworthy. area, that is a reflection on the capa- me and some of the deceit about the The other thing that is so important bility of our troops, an important capa- American left, and frankly some of the and we saw an example once again of bility, which is the capability to train deceit I see in this Chamber when we progress is the steady march in Iraq to- others. And of course why would others talk about the greatest struggle that ward democracy. The Constitution has not want to be like American troops, the United States has faced since the now been ratified. It was a very demo- because they show the greatest charac- end of the Second World War, is now cratic debate. The Sunnis in particular, teristics and character of any troops in the American soldier, to their disgust, many of them were opposed to it; but the world. is being used as a human shield to at- they went to the ballot box; and for the Mr. Speaker, I yield to the gentleman tack their use in defense of this Nation vast majority, it was a peaceful day. from Kentucky (Mr. DAVIS), who has a and defense of our freedom. People voted. The majority of the Iraqi daughter with a birthday today. Be- To those on the left and my col- people, I believe it was nearly 80 per- cause of that, we have moved him to leagues on the other side who go to cent, voted for the Constitution. the front of the queue, but also because great lengths to talk about how much What that means now, in December, he has a great background in the mili- they care about the American military, there will be another round of voting tary himself and really works hard for where were they when 18,000 American for a permanent parliament that will the men and women who wear the uni- servicemen died between 1983 and 1986 have to go about the business of con- form of the United States. during peace and war in the service to tinuing the reconstruction. But as de- Mr. DAVIS of Kentucky. Mr. Speak- this country? I think your lack of an mocracy takes hold, more than any- er, as a fellow Ranger, I thank the answer to that ever in the media thing else that, in combination with chairman. It is a great honor to serve speaks for itself.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00260 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23939 When we talk about the success, I over and over again from the troops on two occasions: in December of 2003, five think it comes down to the fact that the ground in every unit that comes days after the capture of Saddam Hus- there is a political agenda that is driv- back. There are is lack of recruits for sein, and then again in February of ing this that has to do with taking the Iraqi security forces, and our units this year with my colleagues on the America down at the expense of right. in combat are reenlisting at rates of Committee on Rules. I want to say Moreover, I think that if we listen to 100 percent, and it means one thing: what I noticed in Iraq, in the theater of what Abu Mosab al-Zarqawi and they believe in the mission. They see operation, was I met soldiers’ soldiers Ayman al-Zawahiri are really saying, the success. They understand the seri- and I met commanders’ commanders; they are more and more desperate, and ousness of this fight; and ultimately and I want to say, too, that the gen- ironically it feeds into the liberal me- they care about us in this Nation tleman from California (Mr. HUNTER), dia’s desire to control the message in enough to serve. the chairman of our Committee on this country. I thank all of you men and women Armed Services, is a chairman’s chair- I recently met with an editorial who are serving on active duty right man. It was said earlier by other board of a major newspaper. We got now who have accepted the call to speakers the sacrifice he made himself into this very discussion when I met duty. My prayer is that this Nation while serving in Vietnam, and his sons with the soldiers of an airborne unit I will rise up, that citizens all across now serving in Iraq. deployed in the Middle East with, the this country will rise up on the east This is the kind of support that we 1st 508th Parachute Infantry, now in and west coasts and in the heartland need to show and let those young sol- the 173rd Airborne Brigade. The na- and will accept the call to duty that we diers who are over there right now, tional media did not want to cover have as a Nation and this generation to maybe some of them are having a need- their successes. They were looking for protect the foundation of our freedom, ed break, an opportunity to get out of disgruntled troops and could not under- to finish this job and to have the forces harm’s way and possibly watching the stand why 100 percent of those soldiers of tyranny and suppression of truth deliberations that are occurring right wanted to reenlist. It is very simple: know once and for all that they cannot here this evening as we praise them they believe in the mission they see on prevail. and give them our support. the ground. That is why they will not fight us in b 2045 I brought this up with this editorial the street. They seek to win in Amer- board about the successes of the 2nd ican public opinion in the media or in In the previous 5-minute litany that Brigade Combat Team in East Baghdad criminal attacks against innocent ci- we heard from the other side, I think it that have totally neutralized that area, vilians. was just the opposite. It was a little which was once very violent, working With that, I thank the troops for sad to hear them read names and then closely and receiving great support serving. I thank my colleagues for hav- condemn the Commander in Chief, to from the Iraqi people. In fact, the Iraqi ing the courage to stand in this body condemn the cause. people are moving more and more into and point the truth out, to cut through And, Mr. Speaker, I would like to the front lines providing intelligence, the political rhetoric. I challenge those throw out a couple of names of young providing the needed information. in the media to cover the truth of what soldiers that gave their life in Iraq. I They are in the fight. is happening and to bring our soldiers could mention Specialist Justin John- This editor of a major American and our Marines’ stories into the fore- son from Armuchee, Georgia, just 2 daily newspaper looked me in the eye front so the American people get a true years out of high school. His dad, Joe and said, ‘‘Geoff, car bombs are more perspective. Johnson, actually is in the Reserves sexy than opening schools.’’ My heart Mr. Speaker, I thank the gentleman now serving, activated, asked to be ac- broke when I heard that, because for from California for allowing me to tivated, and yet he gave his son in the the sake of a few dollars of profit, for speak tonight. ultimate sacrifice. a bit of readership, he chose to distort Mr. HUNTER. Mr. Speaker, I thank First Lieutenant Tyler Brown, presi- the very heart of what is happening in the gentleman for his statement and dent of the student body at my alma the world in the struggle that we face. for his service and for all of the won- mater, Georgia Tech, had an oppor- I would challenge those in this Cham- derful people that he represents. tunity to be in Arlington in the Honor ber, as the left is selective, I would I add my thanks to folks that wear Guard. But, no; instead he chose, he challenge those in this Chamber who the uniform. They are our very best asked, to go to serve in Iraq, and, 2 want to talk about soldiers, and those citizens. weeks after he arrived there, was killed watching on C–SPAN from around the Mr. Speaker, I yield to the gentleman by a sniper. President of the student United States, ignore the politicians. from Fort Benning, Georgia (Mr. body at Georgia Tech just 4 years ago. Talk to the soldiers, sailors, airmen GINGREY), who has done such a wonder- I think of his family. I think of his and Marines. I would challenge that in ful job on the Armed Services Com- mom and his dad and his brother and every community in the United States mittee and then moved on, but still has his sister. of America, invite a Marine, invite a us in his heart. I thank the gentleman I think of Command Sergeant Major soldier who has been on the ground, for all of the help that he gives. Eric Cooke, who at age 43, after 19 who has been in the theater and served Mr. GINGREY. Mr. Speaker, first of years of service and four combat tours working with the Iraqi people and all, let me thank the chairman for al- of duty, 1 day after I met him that first trained the Iraqi security forces, and lowing me to be a part of this special time in December of 2003 that I went to who understands who an IED is, and hour and be with my colleagues. I am Iraq, on Christmas Eve, he gave his life that it is not some convenient means humbled from just listening to the re- by sitting in that seat in a Humvee so to beat up on the administration or to marks of the gentleman from Ken- that one of his soldiers could get some engage in partisan political attacks, tucky who just spoke and others. needed rest. but has lifted a friend who has put his Mr. HUNTER. Mr. Speaker, if the That is the kind of men and women life on the line out of a wreckage. gentleman would yield, I just wanted that I want to honor and remember I would tell you to invite those peo- to thank the gentleman from Kentucky here tonight as we talk about these ple to talk to your Rotary clubs and (Mr. DAVIS) as he goes out the door be- great patriots that are serving us so your chamber of commerce, talk to the cause I know he has his beautiful well. editorial boards of the local paper, and daughter, Hannah, with him tonight. It Mr. Speaker, I think it is all about bypass these people who are bent on was good of Hannah to come over and one thing that we can remember. Those one thing, which is deceit of the actual to watch Dad and delay her birthday of us who are not veterans, those of us mission, or a complete cultural mis- celebration for a little bit. who are veterans, no matter what war understanding of what is happening, Mr. GINGREY. Mr. Speaker, I had we are talking about, and this country and share those successes as we hear the great opportunity to visit Iraq on has been through a few in the 235 years

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00261 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23940 CONGRESSIONAL RECORD—HOUSE October 26, 2005 of our history, the soldiers, particu- and these guys and women who are It is an honor to serve with him on larly those who have given their lives serving in Iraq are real heroes and have the Committee on Armed Services. Of in combat, they do not want us to for- performed extraordinarily. all the committees in the House, if our get. They do not want us to forget. And I thought that was a very fitting country is at war, there is not a better That is all they ask of us. recitation of Flanders Fields because place to serve if one is too old to do And I am often reminded of that the last line that the gentleman re- anything else. But this is a great com- poem that was written by a Canadian cited where the soldier says, take up mittee to serve on. He leads this com- physician serving with the Allies in our quarrel with the foe and do not fail mittee well, and it is a great honor for World War I in Flanders, Belgium, us, was forgotten several times in this me to learn this business, working with when his buddy gave his life in combat. last century because we came out of him on that committee. He wrote a poem, a tribute to him, and World War I, the war that was supposed I went to Iraq in July, and I want to that is the great poem that we all to end all wars, was so horrible we talk a little bit about that. I grew up know called ‘‘In Flanders Fields.’’ I could not envision having a successor in west Texas. It is an arid desert. As will try to recite it, Mr. Speaker. I to World War I, and we let our guard we drove around some of the places in might not do a very good job, but it down. Baghdad and Kuwait, the territory, the goes something like this: And when we got into World War II, scenery was remarkably similar to we found that we had neglected our In Flanders Fields the poppies blow west Texas. I grew up where summers Between the crosses row on row, Armed Forces, and it took an incred- were hot, and the weather was bad, and That mark our place; and in the sky ible build-up and lots of casualties be- the heat and blowing dirt, dust storms The larks, still bravely singing, fly fore we had the industrial might of the sometimes so bad that the street lights Scarce heard amid the guns below. United States and all of our population would come on at 2 o’clock in the after- We are the dead. Short days ago working and about half of them under noon. So I am a reasonably informed We lived, felt dawn, saw sunset glow, uniform and pushing back on the Axis consumer about hot, bad weather. We loved and were loved, and now we lie powers. And then we demobilized so In Flanders Fields. I got off the C–130 in Baghdad on that quickly after World War II that when July day and stepped out into the Take up our quarrel with the foe; somebody asked General George Mar- To you from failing hands we throw meanest, nastiest weather I could have The torch; be yours to hold it high. shall how the demobilization was ever imagined. It was so much worse For if ye break faith with us who die going, he said, It is not a demobiliza- than anything I had ever experienced We shall not sleep, though poppies grow tion; it is a route. We are throwing our in west Texas. And we have got the fin- In Flanders Fields. weapons away. est group of young men and women, And because of that we had a third- That little poem that Dr. McCrae and some not so young, leading this rate nation, Korea, push us down that wrote in World War I, of course, is a country’s fight in Iraq against the ter- peninsula in 1950 and almost pushed us very famous poem today, and it just rorists, doing an incredible job. says one thing, Mr. Speaker. It says, do into the ocean before we rallied and I found a group of men and women came back up to what is now the DMZ. not forget us. We died for our country. whose morale was incredibly high. And we went through other fluctua- No matter what the cause, even if you They knew they were doing the right tions where we forgot that the admoni- do not agree with it, as we hear from tion in that poem from people who thing. They knew they were well the other side tonight and other times gave their lives was to be strong and to equipped. They knew they were well on this floor, we have got to remember fight for freedom and not to give up led. They knew they were doing a job the sacrifice, otherwise these 2,000 sol- what we had. And we now realize that that has to be done to protect this diers who have given their lives, and in this war against terror, we have to country. And they are accomplishing four times that many who have been be strong, and we have to be forward- great things. injured, will indeed have died in vain. leaning because if we let the terrorists The other side, it is almost as if they We will have forgotten them. We will have safe haven like they had in Af- have got their fingers in their ears and not have taken up that torch that they ghanistan where they could assemble their hands over their eyes because are passing to us and they are asking their operations, where they could do they do not see this march to progress us to hold it high. their training, where they could gather that we are doing. The elections last That is our obligation. We do not their allies and have a platform to op- week that we got the official word yes- necessarily have to be veterans, com- erate from, then we now know they terday 78 percent of the country voted bat veterans, like the gentleman from could strike into America with that as- for this Constitution, an Iraqi Con- California (Chairman HUNTER) or the semblage of capabilities. And that is stitution, not an American Constitu- gentleman from Kentucky (Mr. DAVIS) what we are trying to deny them. tion but an Iraqi Constitution. The or the many men and women, too. And And if we can have an Iraq that has march, the votes we have had, the I think of the gentlewoman from New a modicum of freedom, and we are not votes we will have in December. We are Mexico (Mrs. WILSON) and others who threatened by free nations, and has a making progress. have served in this country. We are all good relationship with the United The stories that are not told is the serving. And I do not question the pa- States, and will not be a springboard electricity that is flowing, the com- triotism of the people on the other side for future terrorist operations, that is merce that is going on, the health care until I hear them talking about the going to be good for generations of system that is reemerging, the stock Commander in Chief and saying that he Americans especially in this neighbor- market that is reemerging. All these lied to the American people and that hood. good things that happen in this coun- we did not need to be there, that we So it is an important thing that we try get ignored, and it is partly our struck first. How quickly, Mr. Speaker, are fighting for. It is a value. And the fault because we are not doing a very how quickly they forget 9/11. troops who have achieved this for us good job. Ever since I have gotten back God bless our troops. God bless the and are pushing forward with this mis- from Iraq, every speech I have made, gentleman from California (Chairman sion are of value, and I think that is every talk I have given, I have included HUNTER). We are behind them 100 per- the essence of what the gentleman just a piece of why it is important that we cent, and we are winning, and we will said very eloquently, and I really ap- stay the course. And I hate to use that continue to win and bring these sol- preciate his statement. phrase. Let me rephrase that: that we diers home safe with a victory in hand. Mr. Speaker, I now yield to the gen- finish this job, that we do not break Mr. HUNTER. Mr. Speaker, reclaim- tleman from Texas (Mr. CONAWAY), who faith, as our colleague just mentioned, ing my time, I thank the gentleman for has been a stalwart on the committee with the young men and women who a very eloquent statement. And I would and really cares about the soldiers. have led this fight. just protest to my colleague that I did Mr. CONAWAY. Mr. Speaker, I thank Liberty is not cheap. It comes at an absolutely nothing special in Vietnam, the chairman for yielding to me. incredibly high price. It is easy to be a

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00262 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23941 hawk, but we hawks ought to know the Chinook helicopter for about an hour, I am looking at what our young men cost. Every one of my colleagues has across a landscape where the way of and women are doing. The gentleman been with me and others to Walter life had not changed in 1,000 years: no- mentioned the Greatest Generation, Reed and to Bethesda to go out there madic herders, tents, mud huts, sheep, and they did great stuff in Normandy and hug the necks of those young men those kinds of things. We landed in this and Bastone and Guadalcanal and Iwo and women whose lives are forever forward-operating base, and this lieu- Jima. And we had wonderful people, changed, in some instances in a blink tenant colonel in charge there told us wonderful troops in Vietnam. of an eyelash, to hug their necks, to this story about they were on patrol The gentleman said I was a combat thank them. one day, mounted in Humvees, and soldier. Compared to these guys, I was I have had three casualties since I they were going down this dirt path be- not a combat soldier. I had an easy have been elected. The first was a cause there are no paved roads in this tour in Vietnam. And compared to young man that was killed in Novem- part of the world. A young 10-year-old what these people went through, these ber of last year, Brian Baker; another boy comes running out of a village that young people who drove that iron spear young man killed this summer, Mario they were approaching, waving his up into Baghdad, who were told when Castillo; a young man who was killed arms and screaming and hollering, try- they were going, and Tommy Franks from Odessa. I go see those families. ing to get their attention. They testified before us on the Committee on There is nothing one can say. One can- stopped and waited for him to get Armed Services, General Franks testi- not make the pain any easier, but I go there. And he breathlessly told them fied that they heard on the radio back hug their necks and tell them thank that the bad guys had come the night and forth between Saddam Hussein’s you, thank you on behalf of the coun- before and put a bomb in their path commanders, ‘‘Get ready to use the try for their sacrifice. just ahead of that Humvee. special weapon,’’ and they thought I was sitting that evening with young b 2100 that was nerve gas, those young people were moving ahead into what they widow Amy Baker, pregnant with twins So our guys dismounted, got out thought was a nerve gas battlefield, who would not see their dad. It is a there. Sure enough, there was a bomb, high price we are paying, but liberty is and they moved ahead. bad enough that it would have killed And this maelstrom of IEDs, these not cheap. Through that crushing grief everybody in that lead Humvee. They remotely detonated devices, which are that only a young widow can feel, she disarmed it. And as they were getting very deadly, very tough, all of the con- looked at me with tears streaming ready to proceed, the lieutenant. colo- ditions that they have gone through down our her face and she said, You nel asked that young man, why did you and fought through, the massive dust make sure you tell President Bush to risk your life to come tell us this, be- storms, the ambushes and that intense finish this fight. Do not let Brian have cause obviously you are a marked indi- heat that the gentleman from west died in vain. Do not, in effect, break vidual now for having helped the other Texas interestingly mentioned, that faith with Brian, because he knew he side. The 10-year-old little boy, in that makes them, in my estimation, as good was doing the right job. He knew he innocence of youth, simply looked at was there getting something done. him and said, well, when the Ameri- as the Greatest Generation, and from The gentleman mentioned earlier the cans came, I got to start going to my point of view, the Greatest Genera- ‘‘greatest generation,’’ and it was. My school. tion are those folks that are over there dad is in that generation. He fought So the anecdotes are full of these right now. I appreciate the gentleman for his World War II. He fought in Korea. And types of stories all over the place, what support for these people. We will keep they accomplished great things. But wonderful things our country has done on working. I know we will finish this the men and women who have done this on behalf of these people in Afghani- mission, and we acknowledge the value fight in Afghanistan and Iraq can lay stan and Iraq. It has come at a high of those men and women who have car- claim to having freed over 50 million price, but liberty always comes at a ried it to date. people. We can argue about weapons of high price; to get it originally and to keep it comes at a very, very high Mr. CONAWAY. Mr. Speaker, if the mass destruction and why we got where gentleman will yield further, let me we are and all that kind of stuff, and price. I want to thank each one of those say one more thing, if I might, and the there is a place for that. Let us do that. gentleman said it already. A free Iraq, But at its core, they have freed 50 mil- moms and dads and husbands and wives and children tonight who grieve over an Iraq that is at peace with its neigh- lion people. Twenty-five million people bors is no longer a sanctuary for the in Afghanistan have gone to vote, cre- the loss of a loved one, who grieve over the injury of a loved one. I thank you. bad guys, will make the Middle East a ated a democracy there. It is not per- safer place to be; and by extension, this fect, but they are free today. They It sounds awful trite and there is not much more we can do, but each one of country will also be a much safer place, were under the Taliban, one of the us who expresses it does it from the ab- as will the world. most horrible regimes we can imagine, solute core of our being, to tell these So I agree with the gentleman’s as- where the women were chattel. If I did families thank you so very much for sessment, and we will finish the job. not like something my wife did, I your sacrifice. Mr. HUNTER. Mr. Speaker, reclaim- would just cut her head off, slit her Mr. Speaker, I thank the chairman ing my time, I would like to yield the throat, and let her die on the side of for letting me participate tonight. I ap- balance of my time to the gentle- the road. They are no longer in charge preciate that. God bless each and every woman who has organized and led this over there; Karzai is. And a democracy one of our men and women in uniform Special Order, the great gentlewoman is emerging there. tonight, wherever they are serving, from Virginia (Mrs. DRAKE), a great Twenty-seven million people are free whatever their responsibilities are, and member of the Committee on Armed in Iraq today, out from under the jack- particularly bless their families as Services. She has waited until last, and boot of Saddam Hussein, arguably the they make sacrifices that most of us do she is our cleanup hitter. I yield to the most ruthless, cold-blooded killer of not have to make, that we are not gentlewoman, and I thank her for her any generation. He is in jail on trial for called upon to make. great work and her trips to the his life, as he should be. So we simply want to make sure that warfighting theaters. So let us do not lose sight of the fact every single day somebody somewhere Mrs. DRAKE. Mr. Speaker, I would that we have accomplished great thanks them and their loved ones for like to thank the chairman for orga- things, and we will stay in Iraq and get their service to this country. God bless nizing this tonight, and I would also this job finished. each one of them, and God bless this like to thank the gentleman for giving Let me close with a story in Afghani- great United States of America. me the privilege of leading a Com- stan. We went from Iraq to Afghani- Mr. HUNTER. Mr. Speaker, reclaim- mittee on Armed Services trip to Iraq stan, and we went out to a forward oping my time, I thank the gentleman, at the very end of September-early Oc- erating base, flew out of Kabul on a and I just want to echo his comments. tober. It was my very first trip.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00263 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23942 CONGRESSIONAL RECORD—HOUSE October 26, 2005 We flew into Kuwait City and landed they were clapping, they were cheering What this map shows in green is there on the airstrip to take a C–130 and they were crying. Of course, I said their immediate goal. We have all into Baghdad. There on that airstrip, I to my daughter, And you thought you heard and read Osama bin Laden’s had my very first conversation with were in the minority. words and their mission to take over one of our soldiers. As I spoke with What I will tell them next time is the entire world. None of us can believe him, he looked at me and he said, what happened in Shannon, Ireland, on that. This is their current goal. In the Ma’am, I know what I am doing, I our way back, and a group of Marines very bottom corner is their goal in 100 know why I am doing it, and if I have walked through the airport in their years, and when you see that in color anything to do with it, there will never camouflage and everyone stood and ev- and you see that their entire goal is be another attack on our Nation. He eryone clapped for those Marines in not a little country in the Middle East, said, So don’t worry about me, just Ireland. their goal is the entire world, it makes pray for me. And he picked up his gear But I also told them that I believe you understand that they are at war and he walked away. that their generation will also be with civilization. As we got on that plane, I had an- named. We have talked a lot tonight We as Americans, some of us think other conversation with one of our about World War II, and they are being that Iraq is a local conflict. Iraq is the military members who was assigned to named the Greatest Generation. I truly centerpiece of that puzzle, of that very that C–130. He told me his enlistment believe history will name them; and I much bigger plan of the people who was almost up, but when he got home have decided until history does, that I would go after you and I if they had the he was going to join the Reserve unit am going to call them the Freedom Be- opportunity. in his home area. And he said to me, lievers. It is difficult for us as Americans to You know, I won’t be coming back here We saw the success of what they are understand that and to understand the doing there. We met with units that anytime soon, because in that Reserve threat. They have no tanks and they work with IEDs and the EOD unit, that unit, everyone volunteers to come to have no planes. They use our things. they are able to find and disarm and Iraq, and I won’t have a turn to come They use our planes. They use our sub- blow up a lot of these bombs. We met back for some time. ways. Their target is not the military; It hit me right there before we ever with the 42nd MP Brigade. We toured that base in Baghdad, and their target is us. It is only the mili- left Kuwait City that, first of all, these then we flew to Balad Air Base. In that tary right now in Iraq. are volunteers who voluntarily join our 60-mile trip, flying very fast and very Our military men and women know military, and many of them volunteer low in an Army helicopter, what we that there is no option but to fight this to go to Iraq or to return to Iraq. saw were green agricultural fields. And war and to win, not only for Iraq, but That evening, we had dinner with our those fields, the people that were work- for us as well. And they know about troops in Baghdad. A young woman ing them were waving at us in the heli- the spread of freedom. They are the from Virginia looked me right in the copter. When I commented on that Freedom Believers. They know the eye, and the first thing she said was, when I reached Balad to General Frank spread of democracy in the Middle East Why aren’t our elected leaders telling Gorenc, he told me that happens all the makes this a safer world for all of us. America what we are doing? I told her time. We toured the hospital there, and What they want is for the American that I already had determined that, we saw that we not only treat Iraqi ci- people to understand that, and I thank that we had done a very poor job of vilians who have been injured; we treat them for their service. telling the American people what they the insurgents or the terrorists them- Mr. Speaker, I thank the chairman are doing over there, why they are selves that are doing this damage for arranging this tonight. doing it, the threat to America if they there. f do not succeed, and the great success These young men and women and stories that they are having there. And ANNOUNCEMENT BY THE SPEAKER those commanders know the success PRO TEMPORE I promised her that we would tell their that is taking place in Iraq. They know story here in America. that Saddam Hussein did not maintain The SPEAKER pro tempore (Mr. These people know why they are their infrastructure there, that there WESTMORELAND). The Chair must re- there. They know what they are doing. was much deferred maintenance, that mind Members that remarks in debate But their question, these American he- there was also deliberate destruction should be addressed to the Chair and roes who are serving for us, their ques- that was caused by sabotage and not to others in the second person, in- tion is, what are the American people looters. cluding persons who might be guests of thinking and what are they saying? But USAID is hard at work in Iraq. the House. That gave me the opportunity to tell They have a publication that they have f them the stories from back home. To done which talks about the improve- TRIBUTE TO ROSA PARKS tell them about a cab driver in Phoe- ments they are making to the infra- nix, Arizona, that I met this summer structure, the 2,500 schools country- The SPEAKER pro tempore. Under who told me he is from Iraq, he has wide that have been rehabbed, over the Speaker’s announced policy of Jan- been here 16 years, he has family there, 32,000 teachers and administrators that uary 4, 2005, the gentleman from Ala- and he goes back on contract to help have been taught, $20.7 million in bama (Mr. DAVIS) is recognized for 60 train the Iraqi troops. When he realized grants to create partnerships between minutes as the designee of the minor- I was a Member of Congress, he stopped U.S. and Iraqi universities, 200 USAID ity leader. the cab, turned around and said, Will missionary personnel there at work, Mr. DAVIS of Alabama. Mr. Speaker, you please thank the American people and over 80,000 Iraqis at work in sectors I thank you for letting me claim the for me for what you have done for Iraq? throughout the country. time for my colleague, the gentleman He said, You people work harder than These young men and women also un- from Michigan (Mr. CONYERS), who I anyone I have ever seen. He said, I derstand the threat to the Nation. This trust will join us tonight. don’t think you even sleep, and you are shows our having dinner in Baghdad. Mr. Speaker, several of my col- doing it all for us. This is in Qatar as we were leaving leagues have gathered to honor an indi- I told them about a presentation at with the military men and women we vidual who was one of the legendary Sea World this summer before Shamu met there. Americans of the last century. She was came on that was the commercial from But these young men and women and named by Time magazine as one of the the Super Bowl, where our troops walk the commanders understand the threat 100 most significant people of that cen- into an airport in their camouflage and to the world. We all know that Osama tury. She was honored by President everyone stood and clapped. And I told bin Laden made an edict in 1998, and he Clinton as a winner of the Presidential them how the audience when that pres- said, ‘‘Anyone who believes in Allah is Medal of Freedom, and she has been entation was done, they were standing, to find Americans and to kill them.’’ honored by numerous organizations all

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00264 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23943 over this world and all over this coun- one solid and one stable community. believe that we owed ourselves a better try. Her name was Rosa Parks. She That was the legacy of Rosa Parks. country. was, of course, an icon of the South, an As a number of my colleagues will One of the last points that I will icon of the country, and she was called point out tonight, we would do well if make tonight is that there ought to be home to her maker just last week. we understood exactly why segregation a challenge in this for us, because not She will have two memorial services. thrived for so long and what it was only do we owe their successors a bet- One we understand will be in Detroit, meant to do. It was never just meant ter country, we owe the people who are Michigan next Wednesday, one in to be a symbol. It was never just meant wounded in America, who are coming Montgomery, Alabama, this coming to be a code of laws; it was meant to be back from Iraq, a better country. We Sunday. Two communities, Mont- a stigma. It was meant to say to a cer- owe the people who are working every gomery and Detroit, will do their best tain group of people, you are not like single day, striving to earn a living and to make a statement on behalf of this the rest of us. You are not like us. You falling just short of the water’s edge, extraordinary woman; and I thank the are different. You are worse than we we owe them a better country. We owe House for giving us this hour to speak are. It was meant to confer a badge of the children who are sliding into pov- to her role tonight. inferiority. And I think that the hope erty in this country a better country I wanted to begin by hearkening, if I of segregationists, the hope of the su- and a better vision. That is what we can, back to Montgomery, Alabama, in premacists was that these people who have to understand. 1954. Montgomery, Alabama, happens were being stigmatized might slowly This legacy of civil rights, this his- to be the city where I was born in 1967, but surely lose their confidence and tory of individuals rising above oppres- it happens to be the city where my slowly but surely buy into all the sion and segregation is a long-running mother was born, and my grandmother myths and all the hatred about them. theme in human history. The story of came to that city in 1931. That is why segregation thrived for so people standing up against oppressive I still remember them telling me long. systems and asserting their dignity is a what it was like to sit at the back of Well, when Rosa Parks stood up by long-running theme in human history. the bus. As those who know history re- sitting down, when Rosa Parks refused It is a theme of courage, and it is a member, that was not simply a Mont- to move, it was a triumph of the uniquely American theme. gomery phenomenon; it was a Southern human spirit. It was a triumph of all So as I prepare to yield to some of phenomenon. The practice of making people who yearn for some measure of my colleagues tonight, I will simply black Americans sit in a certain place freedom and dignity in their lives. make these two final points. I am very in the bus, the practice of making I hearken back to the last conversa- proud to be from Montgomery, Ala- them yield their seat was carried on in tion, Mr. Speaker, the Special Order bama, very proud to be a son of this a number of Southern cities; but I re- that happened before this. Our col- modern South, because every day that member hearing the stories about leagues on the other side of the aisle we build bridges of reconciliation, we Montgomery. talked about the adventure in Iraq pay our own tribute to Rosa Parks. right now and talked about the dawn- Every day that we find a way to exist b 2115 ing of freedom in that territory. I am across racial lines, every day that we My mother and my grandmother reminded how recent is that experience find a way to transcend new bound- never liked the stigma of segregation. in this country. As we go around the aries, every day that we find a way to They were not happy about it. But, world speaking on behalf of freedom, I make better the lives of all the people like so many people their age and gen- am reminded tonight of how fresh and who live in our community, we pay a eration, they just took it as being part how recent is that experience here. silent tribute to Rosa Parks and to of the overlay over the land. They just I think we ought to speak to another Vivian Malone Jones, and we ought to took it as being part of the atmosphere woman: Vivian Malone Jones. Vivian remember that. of living in the South. And, like so Malone Jones was another trailblazer The final point that I will make is many other people, they went on about like Rosa Parks. At the age of 20, she simply, once again, to talk about the their business, hoping for a better was the first African American to at- power of individual choice. I heard one world, but not knowing when or if it tend the University of Alabama and to of my colleagues on the other side of would come. stay there, and, at the age of 23, she the aisle talk about the enormous And then all of a sudden this extraor- was the first African American to grad- courage of our soldiers in Iraq, and it is dinary woman named Rosa Parks, who uate. It so happens the incredible irony such a thing that inspires us, their was in her mid-40s at that time, de- of history that she died last week at courage. Well, there is a common cided that she would rise up and say the young age of 63. theme between what they do and what ‘‘no’’ to this system of segregation. I remember going on campus at the Rosa Parks did. It is believing that One day in late 1954, she resisted the University of Alabama just last week there is a higher cause that can sustain order, she resisted the command to get to speak at a memorial service for her you, just as our soldiers believe when up and to yield her seat. The world has and to see students, black and white, they get up every morning and face the never turned back from that moment. people from the power structure of bunkers and the missiles and the gre- All of a sudden, people like my mother Tuscaloosa, people from all over Tusca- nades, they believe that there is a and grandmother were freed. But the loosa gathering together to honor her higher cause that can sustain them. So interesting thing is that white Ameri- sacrifice. I am reminded, Mr. Speaker, did Rosa Parks. When she sat on that cans and white Montgomerians were of a cover of Newsweek Magazine in bus, she believed that there was some- freed as well, because all of a sudden, 1963. It showed Vivian Malone Jones, thing beyond her mortal existence, and from that day forward, or maybe, more who was a very beautiful young that moved her. accurately, from the day that the mo- woman, it showed her standing there The last thing I say today is that our ment succeeded and won concessions on the campus, and beneath her image country can be moved if we simply un- from the white power structure in was the anonymous quote: ‘‘We owe derstand the power of individuals as- Montgomery, we reached a point where them and we owe ourselves a better serting their dignity, if we put enough people were free to sit together. That country.’’ of a foundation beneath them so that might seem like a quaint thing to Mr. Speaker, I would submit that the they can live their destinies. those of us in 2005, but the sitting to- Vivian Malone Joneses and the Rosa With that said, I am very happy to gether led to talking together, led to Parkses, what made them such icons, turn over the management of this Spe- reasoning together, and led to people what makes them icons to us now, is cial Order to my colleague, John Con- accommodating each other. It led to the fact that they challenged us. They yers from Michigan, who employed people one day getting to the point made us believe that we owed them a Rosa Parks for a number of years, that they could understand and build better country, and they also made us someone who was a friend of hers, and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00265 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23944 CONGRESSIONAL RECORD—HOUSE October 26, 2005 someone who has been an advocate for of characteristics, soft spoken and source of pleasure and delight that she many years now, almost 40 years now, humble, and yet fiercely prepared, in a was a minor celebrity. in this Chamber for so many progres- nonviolent way, to fight segregation. People came to my office to see not sive causes. So she came to this activity not as the Congressman on a constituent f something that she just happened to basis, but merely to get a picture of get into or that she moved one day, she Rosa Parks or get a signature or ask if REMEMBERING ROSA PARKS did something different; she had always they could talk with her, and she was The SPEAKER pro tempore (Mr. been an activist in Alabama. She was a as accommodating with them as she WESTMORELAND). Under the Speaker’s member of the NAACP, she was always was with everybody else. announced policy, and on the designa- the first to sign the membership card, She was a confidante I was able to tion of the Minority Leader, the bal- and it is hard to remember that this connect up. The biggest legislative ance of the hour will be controlled by could be the case, but in the 1940s, challenge in my very first year was the the gentleman from Michigan (Mr. being a member of the NAACP in the passage, the consideration and passage CONYERS). South, and publicly acknowledging it, of the Voter Rights Act of 1965. And GENERAL LEAVE was a very daring and courageous move here she was right in the middle of Mr. CONYERS. Mr. Speaker, I ask in and of itself. that, working with the likes of Ralph unanimous consent that all Members She subscribed to the theory of non- Abernathy and Andrew Young and Fred may have 5 legislative days within violence. So when, on December 1, 1955, Shuttleworth, and of course Dr. Martin which to revise and extend their re- she decided that she would not give up Luther King, and many other of the marks and include extraneous material her seat on a public bus in Mont- great names that were around that on the subject of this Special Order. gomery, Alabama, some thought that original group that started the civil The SPEAKER pro tempore. Is there was the first time that she had ever rights movement, the modern civil objection to the request of the gen- done it. But to the contrary, previously rights movement as we know it. She had a great passion for young tleman from Michigan? she had refused to give up her seat, but people, and she and her husband formed There was no objection. she was ordered off the bus. She had the Raymond and Rosa Parks Founda- Mr. CONYERS. Mr. Speaker, I want never been arrested. And so this time tion which still exists today and which to thank my colleague from Alabama they told her, you will be arrested, you she and her husband and staff trained (Mr. DAVIS) whose district I had the are going to be arrested. pleasure of being in, and with him, young people, and then they went vis- only a few days ago. b 2130 iting the major civil rights sites Mr. Speaker, this is a sad moment for And she said, I am not giving up my throughout the South, so that they me. The truth of the matter is that we seat. You can do whatever you want. could get the flavor of what was going have known that Mrs. Rosa Louise And so we marched into this great his- on, and what happened and when it Parks had been in poor health; that tory. transpired. And so, ladies and gentlemen, I see in frequently we would ask, how is she Now, I wanted to point out that she the firmament of the great trilogy of doing this week? Is she any better? was the one that brought Dr. Martin leaders of freedom and justice, Nelson How are things going? And now that Luther King, Jr., into the civil rights Mandella, Martin Luther King, Jr., and this moment has come 2 days ago, we movement. Martin Luther King, Jr., was at that time 26 years old, and he Rosa Louise Parks. still cannot accept this reality of this When Nelson Mandella came to De- was called in to come after she had dear, powerful, gentle lady going to her troit and found out that Rosa Parks been arrested; and it was decided that reward after 92 years of being with us had come out to join him in welcoming everyone was going to boycott the on this Earth. him as he came out of 27 years of im- buses as a result. She has been regarded as an ordinary prisonment, he began a chant for Rosa And so it is ironic that she had this person, as an example of what an ordi- Parks, Rosa Parks. And here were nary person can do in our system. But role in addition to restarting the civil these two great icons, both well aware I am not convinced that she is an ordi- rights movement in America. She of each other and their contributions. nary person, because I have seen her at brought in the person who would ulti- So it is with some pride that I have had very close range. The fact of the mat- mately lead it at the same time. the privilege of associating my con- ter is I believe she is an extremely ex- I am sure Dr. King may not have gressional career with both Dr. King traordinary person because of these been thinking about his future and his and Rosa Louise Parks. two qualities. First of all, she was a destiny, and I am sure that Mrs. Parks And this Special Order will continue gentle lady. She was soft-spoken. She could not anticipate what this one the discussion that has already begun had never in the years I have known move was going to mean. And so I am to take place about all of the roles, the her ever raised her voice in anger. She very happy to tell you that I had the contributions, the feelings, the legacy did not debate anyone. She was a very opportunity to meet her, to know her of Rosa Parks; and that is how I think mild-mannered person. She never before she came to Detroit, and what a she will be remembered, as this gentle sought the limelight. She never, ever blessing it was to find out that she ul- person with the determination of steel. issued a press release. She never sought timately with her husband left Mont- So it is with great pleasure that I awards or commendations. Yet she re- gomery. yield now to the distinguished gentle- ceived more than most people do in Why? Because she wanted to go woman from Texas (Ms. JACKSON-LEE). this world that we live in. somewhere else? No. She was fired from Ms. JACKSON-LEE of Texas. Mr. So that was this one aspect of her, her job. She was black-balled. She Speaker, I thank the distinguished gen- but there was another. There was in- could not get employment. And she and tleman for yielding. side her forged a set of principles of her husband and family were receiving I am moved by the gentleman’s which two were very prominent in death threats regularly. So they de- words. I want to thank him for this terms of my analysis here this evening. cided to relocate with relatives that Special Order. I want to also thank One, she was a very religious woman. were in Detroit, and so it was my good him for wisdom more than his years at She attended church with great regu- fortune to be able to get to know her. that time for the friendship and rela- larity, but, more than that, she worked She joined in my campaign. I said, tionship that he established with Mrs. in the church. She helped out. She was the first person I am going to ask to be Parks and the fact that she served and there during the week. And combined on my congressional staff when I get honored all of the congressional staff with her religious convictions was this elected would be Rosa Parks. And I by being a congressional staffer and fierce antipathy to segregation. And I asked her to join my staff. She did not working with him over the years. do not know how many people we can ask me for a job. I asked her to please I want to point out a few items rethink of that combine these two kinds come and join me, and it was a great garding Mrs. Parks and thank her so

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00266 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23945 very much for the service that she has and said words are not necessarily the When that question of greatness was given. John Hope Franklin made a best tribute. It has to be deeds. put to the great abolitionist Frederick comment that I think is very telling of So I think we stand tonight, many of Douglass, of what does it take to be a Rosa Parks: her prominence endures. us, from the Congressional Black Cau- great person, Frederick Douglass said, And she did not strike a cord for Afri- cus who happen to be Members of this in order to be a great person, you must can American women, but she struck a Congress, to hopefully say to Rosa have courage. Well, Rosa Parks cer- cord for Americans. And when we look Parks, as she flies away, for that is a tainly had courage. She was a woman at the fabric of history, American his- song we often sing in a home-going of extraordinary courage. Think about tory, world history, and particularly ceremony, she will fly away, flying up that time when the Ku Klux Klan was focus on our history, there were cer- to heaven, is that we are committed to running rampant, when black men tain volcanic historical incidents in the reauthorization of the 1965 Voter were getting lynched for barely not tip- America: the founding of Plymouth Rights Act, we are committed to the ping their hat or getting off the side- Rock, the Revolutionary War, the Civil voting rights of every single American, walk. These were tough, dark days for War, World War I, World War II, cer- that every vote counts, we are com- a woman to sit and defy the white tainly different categories, and the be- mitted to a Nation that respects the power structure. Courage, courage. ginning of the birth of the civil rights human dignity of each person, and we Finally, when that question of great- movement in the 20th century. are committed to finally breaking the ness was put to the Messiah Jesus No one can be more attributed to cycle of segregation, discrimination, Christ what a great person is, he said, that than Rosa Parks. For those of us and racism in this country. you first of all have to sacrifice your- who are the beneficiaries of that sim- We owe Rosa Parks that commit- self. And Rosa Parks sacrificed herself. ple act from a very diminutive woman, ment that we will forever be indebted She had what I call the great Isaiah in- the act of refusing to adhere to an un- to her by our words. Rosa Parks, will stinct, that instinct when God said, just law, we owe her an enormous debt you please rest in peace, and I know ‘‘Who would go for us and whom shall of gratitude. that you will fly away. we send,’’ Isaiah cried out, ‘‘Here am I, For those of us who had the pleasure Mr. CONYERS. Mr. Speaker, I am Lord, send me.’’ and opportunity of interfacing with her pleased now to recognize the distin- At that moment of history when during her lifetime, simply as any one guished gentleman from Georgia (Mr. Rosa Parks on December 1, 1955, when of us would acknowledge being in her SCOTT). God called out, ‘‘Who will go for us and presence, again we owe her a debt of Mr. SCOTT of Georgia. Mr. Speaker, who shall we send,’’ Rosa Parks said, gratitude. And, frankly, I think it is this is indeed an extraordinary time. I ‘‘Here am I, Lord, send me.’’ My God, what a woman. How much important to note that as she sat down want to thank the gentleman from gratitude we have that we must give on the bus, with intentions to be ar- Michigan (Mr. CONYERS) for allowing for her. And as an African American rested, she set off a 300-day plus move- me to participate in this great testi- sitting and standing in the well of this ment, boycott, march, walk, described monial to an extraordinary woman, House of Representatives, it is impor- by Dr. King in his words of watching Mrs. Rosa Parks. Mrs. Rosa Parks was indeed an ex- tant for us to understand that when one of the Montgomerians, if you will, traordinary lady who made extraor- Rosa Parks sat down and did not get up citizens, walk back and forth, back and dinary contributions at an extraor- to give that white man her seat on that forth. bus in Montgomery, as she so elo- Dr. King eventually asked that per- dinary time in American history. You know, sometimes at certain mo- quently stated, many people said they son who participated in the Mont- ments in life you feel that there are no thought I was sitting there because my gomery Improvement Association was words that are adequate to really tell feet were tired. Well, that was not the she not tired. And in her own words she the true story and to give the worth truth. Rosa Parks said, it was not that said, My feet is tired, but my soul is that a life like Rosa Parks deserves. my feet were tired, it was because my rested. Rosa Parks set the tone and the But the word that comes to my mind, soul was tired of being a second-class movement to empower these citizens in as I think of Rosa Parks, is that word citizen. When I sat down and would not Montgomery, Alabama to walk and ‘‘great,’’ because Rosa Parks was a give up my seat, I was standing up for walk and walk and walk. great lady. But she was a great lady of justice, for equality for all. We should not ignore the fact that greatness. So as an African American standing she was a trained member of the here, yes, I know she stood up for all of b 2145 NAACP, and she will acknowledge that us. She certainly stood up for black her courage, but also her training to It might be wise of us just to take a people. But let it be said that more accept that nonviolent approach to moment and look at that word great, than that, Rosa Parks stood up for challenging an unjust law, came greatness. The great Greek philosopher America, for black people, for white through that very effective NAACP Aristotle, when asked what did it take people, for brown people, for yellow training that was utilized across the to be a great person, said, in order to people, for everybody who believes in deep South. be a great person, you must first of all that American dream of justice, of For the NAACP was the first body know yourself, know thyself. equality, of freedom for all of us. God politic on the ground that empowered Well, Rosa Parks certainly knew her- bless Rosa Parks, and we thank God for Medgar Evers, and Rosa Parks, many self. She not only knew who she was, sending this extraordinary sojourner of others, Christy Adar in my hometown, she knew whose she was. For Rosa truth our way. to become the kind of leaders and pio- Parks more than anything else was Mr. CONYERS. Mr. Speaker, it is my neers in the civil rights movement. foremost and first of all a child of God, pleasure to recognize the gentlewoman Mr. Speaker, I want to rise today to as was so eloquently pointed out by the from Oakland, California (Ms. LEE). thank my good friend and colleague, gentleman from Michigan (Mr. CON- Ms. LEE. Mr. Speaker, first let me the gentleman from Michigan (Mr. YERS), who knew her so personally thank the gentleman from Michigan CONYERS), the ranking member of the well. She was truly a child of God. (Mr. CONYERS) for his leadership in or- Committee on the Judiciary, for his When that question was put to the ganizing this tribute to a great leader, voice and giving us the opportunity to great Roman general, Marcus Aurelius, Mrs. Rosa Parks. My heart goes out to speak, and to be able to say, as I close, what does it take to be a great person, the gentleman from Michigan (Mr. for there are many of us who want to Marcus Aurelius said, in order to be a CONYERS) in his personal loss. He is share in our commitment and purpose great person, you must first of all dis- truly a remarkable human being, and I and our celebration of Rosa Parks, cipline yourself. She was disciplined. know that his memories and the love that, Mr. Speaker, you well know, and She was focussed. She had her mind set Mrs. Parks had for the gentleman will I might imagine that someone in your on that goal of freedom and quality for sustain him during this very difficult life has spoken to you and taught you everyone. time.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00267 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23946 CONGRESSIONAL RECORD—HOUSE October 26, 2005 My deepest condolences and prayers East Bay of California still honor Mrs. Mr. Speaker, the full text of that are with Mrs. Parks’s family and her Parks’s legacy. Students enrolled at essay is as follows: friends tonight as we lift her up, lift up the Rosa Parks Environmental Science OUR WEEK WITH ROSA PARKS: HER PRESENCE her great spirit on this House floor on Magnet School in Berkeley are re- ISAGIFT THAT REMAINS PART OF OUR this very somber occasion. minded every day of her example by HEART AND HOME Mrs. Parks passing away on Monday the painting of Mrs. Parks in the front (By Daphne Muse) evening jolted the world. A giant has seat of a bus that hangs above the door Every day, history is made by people gone home. This has been a very dif- to the campus’s main office. Their whose names remain unknown as well as ficult year full of losses. Rosa Parks school anthem thanks Mrs. Parks for those who become eternal icons. In May of joins other great African American he- her role in bringing segregation to its 1980, a woman who forever changed our coun- roes who recently passed away: Shirley knees. try spent a week in our home. The East Bay Chisholm, Judge Constance Baker Mot- She also inspired my constituents to Area Friends of Highlander Research and Education Center joined with founder Myles ley, and C. Dolores Tucker, to name a create the Martin Luther King, Jr., Horton to honor two of the Civil Rights few, all who faced opposition, stood Freedom Center, on which I serve as a Movements most courageous pioneers: Rosa their ground and sacrificed so much for founding board member. The MLK Parks and Septima Clark. Clark broke freedom and for justice. Freedom Center teaches social justice, ground as a pioneering force in citizenship Mrs. Parks’s simple nonviolent act 50 equality and nonviolence in our com- training and voter education. The two years ago to refuse to give up her seat munity, especially with its outreach ef- women met at Highlander in 1955, a place on a bus changed the course of Amer- forts to our youth. In fact, the young where my own mother-in-law Margaret ica. The mother of the modern civil people from the center participated in Landes was trained during the 1930s. rights movement, Mrs. Parks shattered Founded in 1932, Highlander is a civil the 40th anniversary of the historic rights training school located on a 104-acre the walls of legal segregation and civil rights march from Selma to farm atop Bays Mountain, near New Market, opened the doors of opportunities for Montgomery, Alabama, where they vis- Tennessee. Over the course of its history, many, including myself. And, yes, I re- ited the bus stop where Rosa Parks Highlander has played important roles in member those days of the colored only protested and dared not to get up, and many major political movements, including faucets and not being able to go to the also the Dexter Avenue Baptist Church the Southern labor movements of the 1930s, theaters and on the train only being where Dr. King preached. the Civil Rights Movement of the 1940s–60s, able to ride in one car and not being It is an important historical re- and the Appalachian people’s movements of able to attend public schools. I remem- minder of where we have been, just the 1970s–80s. Through books in our home library, her teachers and my own work as a ber those days very vividly. what Rosa Parks really did for us and writer, Anyania knew about the role Ms. Let me say this act of defiance and for the country. It is a reminder of how Parks played in changing the course of his- dissent by Mrs. Parks, it toppled Jim far we have come, but also it reminds tory. Crow. Her life was recognized just this us of how far we have to go, as we have Like millions of other African Americans, past September when the House, led by been recently reminded by Hurricane Mrs. Parks was tired of the racism, segrega- the gentleman from Michigan (Mr. Katrina. tion and Jim Crow laws of the times. CONYERS), and I must remind us, we Daphne Muse, the director of the Through her commitment to freedom and unanimously passed a resolution in Women’s Leadership Institute at my training at Highlander Research and Edu- cation Center, her refusal to move to the recognition of her legacy, H. Con. Res. alma mater, Mills College in Oakland, back of a bus in Montgomery, Alabama on 208. wrote an essay entitled ‘‘Our Week December 1, 1955, spawned a movement. A recipient of this Nation’s highest With Rosa Parks—Her Presence is a Parks took a seat in the section of a Mont- honors, the Presidential Medal of Free- Gift that Remains Part of our Hearts gomery city bus designated for whites. She dom in 1996 and the Congressional Gold and Home.’’ And in this essay she was arrested, tried and fined for violating a Medal in 1999, Rosa Parks stood tall by wrote about Mrs. Parks’s visit to Oak- city ordinance. Mrs. Parks, a seamstress, sitting down. She quietly and peace- land, California, and she said, In the often had run-ins with bus drivers and had fully challenged the status quo. She course of preparing for Mrs. Parks’s been evicted from buses. Getting on the front took on, though, the entire govern- of the bus to pay her fare and then getting visit, she noted to members of the com- off going to the back door was so ment, and she took down its shameful mittee that hotels just did not suit her humiliating. There were times the driver system of segregation. spirit, and she preferred the tradition simply would shut the door and drive off. Her Personally I was so inspired by Mrs. extended through southern hospitality very conscious decision turned into an eco- Parks in some of the most difficult mo- of putting people up in your home. She nomically crippling, politically dynamic ments in my career. In fact, just 2 then asked if I would mind if she could boycott and ended legal segregation in years ago Mrs. Parks wrote me a per- be our guest during her week-long stay America. A three hundred and eighty two sonal reminder, and I read that letter in Oakland. She made only one request day bus boycott followed her morally correct again last night. And in her letter to and courageous act. of me, and that is that we keep her In the course of preparing for Ms. Parks’ me she said, Never think that you are presence a secret. She and her longtime visit, she noted to members of the com- alone when you stand for right, be- friend Elaine Steele were eager to be in mittee that hotels just didn’t suit her spirit cause God is with you. I cannot even a place where they could relax, listen and she preferred the tradition extended explain what that meant and means to to music, and eat great food without through southern hospitality of putting peo- me. being disturbed. ple up in your home. She then asked if I Rosa Parks’s quiet strength, as her Daphne Muse goes on to say, Al- would mind if she could be our guest during 1994 book is titled, shattered the walls though we had never even met, when her week long stay in Oakland. She made of legal segregation. And I had the Rosa Parks walked through our front only one request of us: that we keep her presence a secret. She and her long time friend privilege to be with her on many occa- door, she instantly became family. Elaine Steele were eager to be in a place sions in Los Angeles and in Oakland Mr. Speaker, tonight as we remember where they could relax, listen to music and and in Sacramento, California, and I this dignified, courageous and remark- eat great food without being disturbed. The was in awe of this great woman, and I able woman, let us honor her life and disturbed part was my greatest concern for could not help but notice her love for her legacy by standing up for what is between the bullet blasting drug wars and children and her commitment to edu- right, for embracing peace and non- the press, I was concerned about how to cation. violence as an effective tool in our maintain that part of the agreement. She was a humble woman, yet a giant work as public servants. And let us Our modest home in the Fruitvale commu- of a human being who loved her coun- nity of Oakland, California had served as a keep her family and her friends in our cultural center and refuge to many writers, try and insisted that it live up to its prayers and in our hearts and in our filmmakers, artists and activists including creed of liberty and justice for all. souls. Sweet Honey in the Rock, novelist Alice Three thousand miles away and 50 Thank you, Rosa Parks. May you fi- Walker and poet Gwendolyn Brooks. Al- years later, my constituents in the nally now rest in peace. though we’d never even met, when Rosa

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00268 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23947 Parks walked through our front door, she in- She was truly a woman of peace. What his long career and many accomplish- stantly became family. She and Anyania she determined that fateful day on the ments, he never lost sight of those in melted into one another’s arms like a grand- bus in Montgomery, Alabama, is that need. mother seeing her grandchild for the first My prayers and thoughts are with time. One morning as Anyania was about to she could not compromise her essential take off for school, the button on her dress humanity. Her grace and her strength the gentlewoman from California (Ms. popped off. It was a jumper filled with multi- exemplified a purity of spirit and com- ROYBAL-ALLARD), his daughter, and his cultural images of ,I children my mother had mitment to truth. family during their period of grieving made Anya. Ms. Parks asked if I had a sew- The road less traveled by Rosa Parks for the loss of a great American. Ed’s ing box, II threaded the needle and sewed the was not always smooth or kind. She strong and dedicated message will button back on. My spirit spilled over and I and her husband received numerous never be silenced. He leaves behind a just burst into tears. Anyania was so good at keeping the secret. death threats and lost their jobs in the spiritual, indelible legacy that will live I, on the other hand, wanted to blurt out to aftermath of the historic bus boycott. on. my family, friends and students at Mills Col- Her supporters’ houses were fire- Mr. Speaker, we have lost a trium- lege ‘‘Guess who’s sleeping in my bed? A few bombed. virate. Mr. CONYERS. Mr. Speaker, I thank months ago, a former neighbor came by to b 2200 pay a visit and started set searching the the gentlewoman from California for scores of photographs hanging on the walls Congress stood by and did nothing. her kind remarks and remembrances of in our living room. She stopped, turned Mrs. Parks finally moved north to De- Rosa Parks; and now, Mr. Speaker, I around and blurted out, ’’No that isn’t.’’ I in- troit where she had relatives and even- am very pleased to yield to the gen- stantly knew the photograph to which she tually ended up working for the gen- was referring. Along with pictures of Fannie tleman from North Carolina (Mr. tleman from Michigan (Mr. CONYERS), Lou Hamer, Eleanor Holmes Norton and Jim WATT), the chairman of the Congres- Forman hangs a very precious photograph of the esteemed Congressman. sional Black Caucus, a veteran member Rosa Parks surrounded by my then seven- We all grieve the loss of Rosa Parks, of the North Carolina bar and member year-old daughter and her playmate Kai and we extend our heartfelt sympathy of the Committee on the Judiciary of Beard. Dottie was simply undone that in all to her family, friends, as well as my the House of Representatives. the years she’d come into our home, she like friends and colleagues here on the floor Mr. WATT. Mr. Speaker, I thank the so many others simply thought the woman today and particularly the gentleman gentleman from Michigan (Mr. CON- sitting next to Anyania was her grand- from Michigan (Mr. CONYERS), my YERS) for yielding. mother. A few weeks after she returned to friend. We are a better Nation and peo- Detroit, Ms. Parks sent Anyania an exquisite I was trying to decide how to ap- portrait of her painted by Paul Collins. That ple because of Rosa Parks. proach this issue and decided that portrait now hangs in Anya’s home in Brent- Mr. Speaker, I also want to briefly probably there were two things I need wood, California where my grandchildren acknowledge the passing of two other to do: number one, I want to thank the Maelia and Elijah live, read and play every- heroes in the struggle for civil and gentleman from Alabama (Mr. DAVIS), day. human rights, Dr. C. Delores Tucker, my good friend and colleague, and the buried last Saturday, and the former gentleman from Michigan (Mr. CON- ROSA & RAYMOND PARKS INSTITUTE FOR Congressman, Ed Roybal. YERS), my good friend and colleague, SELF DEVELOPMENT. C. Delores Tucker was a pioneer in January 15, 2003. the two States with whom Rosa Parks Hon. Barbara Lee, the field of civil rights and politics. probably had the strongest physical U.S. Congress, She counted Martin Luther King, Jr., connections, for convening this Special Washington, DC. Rosa Parks, and many others among Order for us to pay tribute to Rosa DEAR CONGRESSWOMAN LEE: Never think the civil rights luminaries as close Parks. you are alone when you stand for right be- friends and allies. I have listened to the gentleman cause GOD is with you. We are very proud of In 1971, Pennsylvania Governor Mil- from Michigan (Mr. CONYERS) and the you. It makes us feel good that you are a ton Shapp appointed Dr. Tucker as the Congressional Member. gentleman from Alabama (Mr. DAVIS) Love, Peace and Prosperity, first Secretary of the Commonwealth. and the gentlewoman from California ROSA PARKS. Dr. Tucker had many firsts in her (Ms. LEE) and my other colleagues talk Mr. CONYERS. What a beautiful re- long public career. She was the first about some of their personal connec- membrance of a great lady. I am sure black woman to be named vice chair of tions to Rosa Parks. One would think the gentlewoman is one of the few peo- Pennsylvania’s State Democratic that maybe the chairman of the Con- ple in Congress that have a written Party and the first African American gressional Black Caucus would have communication from Mrs. Parks. I con- to serve as president of the National some personal stories, too; but when I gratulate the gentlewoman. Federation of Democratic Women. She reflect, I can only say that I never met Mr. Speaker, I am pleased to recog- was also founder and chairwoman of Rosa Parks, nor for that matter but for nize the gentlewoman from California the National Congress of Black Women. the fact that Martin Luther King spoke (Ms. WATSON). Dr. Tucker was always on the front at my high school graduation in 1963 Ms. WATSON. Mr. Speaker, Rosa lines in the struggle for civil rights and did I ever meet Martin Luther King. Parks’s life is a milestone in American the rights of African American women. So why would we be here talking history. I stand here because she sat She led with strength and dignity, al- about somebody that we have never there. Her simple defiance of refusing ways stood tall, and was concerned met? Because they have had an impact to relinquish her seat 50 years ago on a about inequities and justice for all. Her on our lives. What would compel a per- bus in Montgomery, Alabama, ignited spirit lives on. son to go visit a bus stop in Alabama? the civil rights movement that trans- Mr. Speaker, Congressman Ed Roybal Simply because you knew that there formed these United States. Without was a true pioneer in the struggle for was a particular significance to that Rosa Parks there may not have been a human and civil rights in California. bus stop, that that was the stop at Martin Luther King or a civil rights He was an advocate his whole life for which Rosa Parks got on the bus. movement. the poor, the disenfranchised, and for I cannot talk about the personal Her death at the age of 92 reminds us seniors. things about Rosa Parks that some of all that one person can make a pro- Ed stood up not only for the rights of my colleagues have talked about. I can found difference in the lives of others Latinos but all people who have been only talk about the impact that she and in the course of history. She is the denied an equal opportunity. I looked had on my life and the lives of other embodiment and exemplar of today’s to him as he served on the Los Angeles people who viewed her from a distance human rights movements around the City Council and then in Congress as a and respected and admired her gentle world. voice that could be trusted to consist- but defiant stand, the stand that she Part of Rosa Parks’s legacy was her ently respond on behalf of those who took actually by sitting down and re- quiet dignity and disdain for injustice. could not speak for themselves. During fusing to stand up, and by knowing

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00269 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23948 CONGRESSIONAL RECORD—HOUSE October 26, 2005 that it had a tremendous impact on ev- State legislature, she said, I do not The three civil rights workers—Schwerner, erybody around us as we were growing want all of this. I said to her, I am Goodman and Cheney—were inspired by up, because by her sitting down and re- sorry, you have all of this, because you Rosa Parks before they set out on their jour- fusing to stand up, it allowed other have made this country a better coun- ney to register people to vote in Mississippi people to stand up and straighten their try because of one act that you did. prior to their tragic deaths. backs and raise their shoulders and All Americans should be standing up Viola Gregg Liuzzo, an Italian American De- look up and start to move in a direc- at this point, praising Rosa Parks for troit housewife who was killed driving march- tion that we had not been moving be- what she did, not only for a group of ers back to Selma after the 1965 Selma to fore, starting with a bus boycott, and people but for this country. She raised Montgomery march, knew of the witness of then sit-ins and other public accom- the consciousness of this country and Rosa Parks. modations and the entry of Martin Lu- brought it to its knees in terms of seg- In 1966 James Meredith gained strength ther King as a leader of a whole series regation. from Rosa Parks as he led a ‘‘March Against of things that started to take place. I am looking at the Washington Post Fear’’ from Memphis to Jackson, Mississippi— What does that say for us who never Style, and they say: ‘‘Appreciation. in which he was shot. met this wonderful woman, except The Thread That Unraveled Segrega- Her dignified leadership inspired those from a distance? It says that there are tion.’’ Indeed, she did. What a mighty abroad to engage in courageous acts—for ex- probably many, many, many people force she was, a woman who used ample, the young man who stood in front of who are watching us and would it not threads to make a living, and yet when the tank in Tiananmen Square. be a wonderful tribute to have some- she was about to make a dress for one Nelson Mandela knew of her actions before body someday pay tribute to us who of her persons, a person who was really he spent 27 years in a South African jail. never, ever met us in person, by saying not of her ilk, they told her, you have She burst on the scene before Pope John this person had an impact on my life. made this wedding dress so beautifully Paul II was able to use his pontifical office to I cannot think of a higher way to pay you should come to the wedding. She oppose communism. And when those in East- tribute to her. She had an impact on says, well, I would like to come to the ern Europe struggling for independence from my life, and I cannot think of a greater wedding. But then officials at St. the Soviet Union sang ‘‘We Shall Overcome,’’ challenge to issue to my colleagues in John’s Episcopal Church told Lucy, the they were paying tribute to Rosa Parks, not this body, to people who may be watch- young woman for whom she was mak- Ronald Reagan. ing around the Nation, than to say ing the wedding dress, that if Rosa Believing in American democracy she af- what a wonderful tribute to have some- Parks was to attend this wedding, she firmed that one person—without money or body think that you could impact their would have to wear a uniform like a military might—could make a difference. lives by simply sitting down or taking servant or sit in the balcony. She re- In the face of danger, entrenched racism, a a stand for what you know is right. fused to do that. She was a woman of ‘‘states’ rights’’ philosophy—and a belief by We have that opportunity every sin- such great spirit, great soul. many that any effort toward civil rights for ‘‘Ne- gle day, and I am delighted to pay trib- I know the time is passing, but I just groes’’ was communist inspired—this graceful ute to Rosa Parks for exercising that want to say to my dear sister, she has woman acted with the courage of a lion, and opportunity and for allowing me to made us all proud. My daughters met out of a grassroots bus boycott in Mont- stand taller on her shoulders, on that her. I am sorry my granddaughters gomery, Alabama, came a young man, Dr. giant commitment that she made. Ayanna, Ramia, and Blair did not meet Martin Luther King, Jr., and a mass movement Mr. CONYERS. Mr. Speaker, I thank her, nor my grandson Myles; but they to end legal apartheid in America. the gentleman from North Carolina will know her because their grand- Rosa Parks took the legal principle of (Mr. WATT) for his eloquent statement. mother will tell them how she stood ‘‘equal protection under the law’’ for all Ameri- Mr. Speaker, I am now pleased to tall in spite of her small frame. cans in the 1954 Brown decision and applied yield to the gentlewoman from Cali- So thank you, Rosa Parks, for the it to public transportation—which eventually fornia (Ms. MILLENDER-MCDONALD), distinction of becoming the mother of led to a 1964 Civil Rights Act, a 1965 Voting who has been a strong supporter of a civil rights movement and having the Rights Act and a 1968 Open Housing Act, all civil rights, affirmative action, and the courage to act on behalf of all man- of which helped to build a more perfect union Voter Rights Act. and womankind. among the states and make America better. Ms. MILLENDER-MCDONALD. Mr. Mr. CONYERS. Mr. Speaker, I thank Do we memorialize her with tributes like this Speaker, I thank the gentleman from the gentlewoman from California (Ms. around the nation? Absolutely. Michigan (Mr. CONYERS) so much for MILLENDER-MCDONALD) for those re- But it also occurred to me that there are few yielding, and I am absolutely privi- membrances, and we had no idea that statues of people of color and women in the leged to stand here today on the shoul- she and Rosa Parks had so much in Capitol. I think Rosa Parks deserves to be ders of a woman who stood so proud, common. honored with a statue in Statuary Hall in the though her frame was so small. One Mr. Speaker, that concludes our list U.S. Capitol and, therefore, today I introduced act, infused with courage, changed this of people that wanted to speak tonight. H.R. 4145, legislation to design, sculpture and world. The celebrations of her life and legacy place her among the greats who have helped Her act was a spark that ignited a go on, though we will be observing me- to make America and the world a better place movement that altered the course of morial activities in Montgomery, Ala- in which to live. I think that is the most appro- history for America. She sat down in bama; in the Nation’s capital; and in priate way to permanently memorialize Rosa order for America to stand up and look Detroit, Michigan, as well. I want to Parks. at itself, look at herself, and to see the thank you for the privilege of allowing Mr. SCOTT of Virginia. Mr. Speaker, it was atrocities that they were doing on a me and other Members to come forward with great sadness that I learned of the pass- group of people, we African Americans. this evening for this round of tributes ing of Mrs. Rosa Parks on October 24, 2005. I am so privileged to have had the op- to the life and legacy of Rosa Louise I rise today along with my colleagues to cele- portunity to meet this great woman. Parks. brate and remember the life of a remarkable She came to California; and while she Mr. JACKSON of Illinois. Mr. Speaker, it is woman. I know that I speak for my colleagues came to California, she and I both my privilege to pay tribute to the life and work here today when I say that America has lost hailed from Alabama. Yes, she was a of Rosa Lee Parks, a quiet but courageous one of its greatest citizens. native Alabaman and so am I. woman who, by sitting down against injustice Mrs. Rosa Parks became one the Nation’s Rosa Parks, a seamstress who refused allowed a mass civil rights movement to stand first heroes of the Civil Rights Movement. Her to get up from her seat to give to it a up for justice. refusal to give up her seat on a Montgomery white man, that is the type of courage She was a small woman who had a large Alabama bus solely because of her race that she displayed; and yet she did not impact. sparked a result that no one could have pre- want anyone to showcase her. In Cali- Rosa Parks was more than the ‘‘Mother of dicted. The 381-day boycott of the Mont- fornia, when we showcased her in the the Civil Rights Movement.’’ gomery Alabama bus system and Mrs. Parks’

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00270 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23949 court case were the first nationally recognized and I rise today to pay tribute to this exem- U.S. history was cemented when she was battles of the Civil Rights Movement. This plary woman who dynamically changed the awarded the Nation’s highest civilian honor, movement eventually brought about legislation 20th Century. the Presidential Medal of Freedom by Presi- to end segregation in public accommodations, Rosa Parks became a major catalyst for ra- dent Bill Clinton. Mrs. Parks passed away Oc- to secure the voting rights of all citizens, and cial reform in December 1955 when she re- tober 24th at the age of 92, at her home in to eliminate discriminatory housing practices, fused to give up her seat to a white man on Detroit. effectively changing the face of American soci- a public bus in Montgomery, Alabama, defying Rosa Parks will be remembered for her last- ety forever. the racial standards of that time. As a result, ing contributions to society. Her legacy lives Although Mrs. Parks’ actions were pivotal in she was arrested and fined for violating a city on in the continued struggle for civil rights creating laws, her actions also galvanized ordinance. But this arrest began a bus boycott around the world. She will be missed. public support for the equal treatment of Afri- movement that ended legal segregation in Mr. WEINER. Mr. Speaker, in 1913, a little can Americans. It’s important to remember America, and made Ms. Parks an inspiration girl name Rosa Louise McCauley was born in that Mrs. Parks’ actions did not exist in a vac- to those who longed for freedom for everyone. Alabama. As she grew up, her mother, Leona uum. Less than a year had passed since the Although the boycott was a success, Rosa McCauley, encouraged her daughter to ‘‘take grisly lynching death of Emmett Till in Mis- Parks later lost her job. But, despite of this advantage of the opportunities, no matter how sissippi. Violence was a constant threat to mistreatment she still held on to what she be- few they were,’’ and she did just that. In 1932, anyone, black or white, who spoke out against lieved in ‘‘freedom and equality.’’ she married Raymond Parks, an active partici- the status quo. Mrs. Parks’ actions resulted in Ms. Parks’ valor, on that particular day, pant in civil rights causes. The couple joined death threats against her and her husband, helped to make Americans aware of the his- the Voters League in the 1940s. threats which caused her to leave Alabama. tory of the civil rights struggle. She was truly On December 1, 1955, Rosa Parks’ life The fact that people could harbor such hatred an example of courage, determination and in- changed forever and she became an icon of against Mrs. Parks solely for her desire to be spiration to all Americans and for her coura- the civil rights movement when she refused to treated as an equal person exposed to much geous deed, Rosa Parks was hailed ‘‘the give up her seat on a public bus to make extra of the country the cruel and ignorant practices mother of the civil rights movement.’’ There- room for white passengers. She was arrested of Jim Crow. The images from the fight for fore, on June 15, 1999, we in Congress hon- and convicted of disorderly conduct for vio- civil rights filled television screens throughout ored Ms. Parks’ bravery by awarding her the lating a local ordinance. Parks’ arrest led to the world and were central in changing public Congressional Gold Medal in an historic cere- the formation of the Montgomery Improvement opinions. mony at the Capitol Rotunda. Association, which organized a boycott of pub- I had the honor and pleasure to meet Mrs. It was truly an honor to meet such an out- lic buses until the U.S Supreme Court ruled Parks when I was a fifth grade student in the standing woman, and I will never forget her that Montgomery’s policy of segregation on late 1950’s. She worked at Hampton Institute, action and dedication that led to the end of buses was unconstitutional. now Hampton University, with my grandmother segregation. Her heroism inspired the freedom Later, Parks moved to Michigan, where at the Holly Tree Inn. After leaving Hampton, and equality that African Americans so rightly Rosa initially worked as a seamstress and she moved to Detroit, Michigan where she deserve. later as an aide to the gentleman from Michi- found work as a seamstress. In 1965, she Mr. Speaker, I hope that Rosa Parks’ legacy gan, Mr. CONYERS, from 1965 to 1988. She went on to serve in the office of our distin- will be carried forward by future generations cofounded the Rosa and Raymond Parks In- guished colleague, the gentleman from Michi- so that African Americans will continue to ex- stitute for Self Development in 1987 with, gan, Mr. Conyers. Her 23 years of service to perience equality amongst all mankind. which sponsors a summer bus tour for teen- him and to this body are also worthy of com- Mr. COSTA. Mr. Speaker, I rise today in agers that were interested in learning the his- mendation. honor and memory of the civil rights icon Rosa tory of America and civil rights. I want to express my condolences to the Louise Parks. Almost half a century ago, Mrs. Yesterday, at the age of 92, Rosa Parks Parks family. Rosa Parks’ act of non-violent Parks’ refusal to surrender her bus seat trig- passed away. Her contributions to American resistance showed the world the power of one gered the first organized actions in the civil history will never be forgotten. Her dedication person in the face of injustice. Her name right- rights movement. Because of her action that to the cause of civil rights will be sorely ly belongs in the pantheon of individuals who day, Mrs. Parks will always be remembered as missed, but her legacy will live on forever. have put the civil rights of all above their own the ‘‘mother of the civil rights movement.’’ Mr. ROTHMAN. Mr. Speaker, I rise today to personal safety. We have lost a national treas- Rosa Parks was born in Tuskegee, Ala- pay tribute to a courageous American hero, ure. bama on February 4, 1913. As a girl, she Rosa Parks. Mrs. Parks passed away on Mon- Mr. HENSARLING. Mr. Speaker, today, wrote, ‘‘I had a very strong sense of what was day evening at the age of 92 in her home in Americans honor the life and legacy of Rosa fair.’’ She led a life dedicated to improving civil Detroit, Michigan. Parks. Born in Tuskegee, Alabama, in 1914, rights and acted as an inspiration to many On February 4, 1913, Rosa Louise Rosa Parks would become one of the most in- Americans. McCauley was born in Tuskegee, Alabama. fluential names in America’s Civil Rights On December 1, 1955, Mrs. Parks sat in an The daughter of a carpenter and a teacher, movement. unreserved section of a city bus. When asked Rosa was home schooled until the age of 11 In December 1955, in Montgomery, Ala- to give up her seat for a white man she po- when she attended Industrial School for Girls bama, after a long day of work at a local de- litely refused. It is a common misconception in Montgomery. She obtained her high school partment store, Rosa Parks paid her fare and that Rosa Parks was unwilling to give up her diploma from Alabama State Teachers Col- took a seat on the bus. When she was asked seat because she was tired from a long day lege, while caring for her ailing grandmother. to move to the back of the bus so that white at work. As she told it, ‘‘the only tired I was, Rosa married Raymond Parks in 1932 and passengers could take her seat, she refused. was tired of giving in.’’ volunteered for the National Association for Through her quiet yet courageous action, Mrs. Parks’ act of civil disobedience is the the Advancement of Colored People, NAACP Rosa Parks will forever remain a lasting exam- popular inspiration that led to Martin Luther from 1943 to 1966 while she worked as a ple of dignity and nonviolent protest in the King Jr.’s decision to lead a bus boycott that seamstress and housekeeper. She and her quest for equality. By refusing to go to the lasted an amazing 381 days. On November family eventually moved to Detroit and joined back of the bus, she moved America forward. 13, 1956, in an important victory for the civil the staff of Congressman JOHN CONYERS (D– And by refusing to stand up and yield, she rights movement, the Supreme Court outlawed MI) in 1965, where she worked for 23 years. empowered future generations to stand up for segregation on buses. The civil rights move- Mrs. Parks’ finest hour occurred on Decem- themselves and their civil liberties. ment would experience many important vic- ber 1, 1955, when four black passengers on a Rosa Parks not only helped change the tories, but Rosa Parks will always be remem- bus were asked to give up their seats for a laws of our country, she helped transform the bered as its catalyst. single white man. Three of the passengers hearts and minds of the American people, Mrs. Parks was a shy, soft spoken woman complied, one did not. It was at that moment which has helped lead America closer toward who was uncomfortable being revered as a that Rosa Parks changed the course of history the goal of a truly colorblind society. symbol of the civil rights movement. She only forever. What seemed like a simple gesture Mr. NEAL of Massachusetts. Mr. Speaker, I hoped to inspire young people to achieve made a huge impact on the character of our am saddened by the death of Rosa Parks, great things. However, in 1996 her place in Nation then—and continues to affect our lives

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00271 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23950 CONGRESSIONAL RECORD—HOUSE October 26, 2005 now. Following Mrs. Parks’ brave gesture, December 1st this year will mark the day 50 old African American seamstress named Rosa residents of Montgomery then began a boycott years ago when one brave, great American Parks was ordered to get up and give her seat of the city’s bus system, in order to protest the took a stand that, while resulting in many chal- to a white passenger on a city bus in Mont- treatment as second class citizens that Afri- lenges, would spur a civil rights movement gomery, Alabama. For many years, countless can-Americans were subjected to on seg- that shaped a growing country in a very posi- times, all day, every day, all throughout the regated buses. tive way. American South, African Americans had sub- Her courage, and the 380-day Montgomery, In 1955, when Rosa Parks boarded that bus mitted to that humiliating demand. But that Alabama bus boycott that followed her heroic on her way home from work, she may not one December day, Rosa Parks simply re- stand, culminated in the United States Su- have been seeking to start a revolution; she fused to get up. It is true, she volunteered for preme Court decision in Browder v. Gayle, may not have been looking to change the the local NAACP chapter in Montgomery, but which declared segregation on buses to be world; she may not have been hoping to lead she had not planned a protest that day. She unconstitutional. Her refusal to ‘‘move to the a noble cause. Rosa Parks was presented was just trying to get home. She was tired, back of the bus’’ ultimately helped spark the with a choice: to accept the restrictions forced and she had had enough. civil rights movement of the 1960s, which on her by false values or to take advantage of Through that one simple act, Rosa Parks achieved stronger civil rights guarantees for the opportunity to do the right thing. displayed nothing short of raw courage. It was Americans in all areas of life, including hous- Rosa Parks, right then and there in Mont- dangerous—very dangerous—to defy the cusing, employment, schools, and places of public gomery Alabama, decided she would not give toms, traditions, and laws of racial discrimina- accommodation. up her seat that day because as a leader in tion and segregation in the South. The Brown One of Mrs. Parks’ main concerns was her the NAACP, she understood that by accepting v. Board of Education decision had been desire that Americans understand their rights. the restrictions imposed on her under seg- issued by the Supreme Court only 18 months The day she refused to give up her seat, she regation she was only enabling it further. Al- before. In reaction, violence arid intimidation was fed up with being treated as an inferior though she was weary from a hard day at erupted all across the South. There was so human being and simply wanted to be treated work as a seamstress, Rosa Parks found the much tension, so much hate. In August of with dignity. She taught us that we must al- strength to challenge that plague of conformity 1955, a 14-year-old African American boy, ways defend our rights. We must continue the so that she and others might no longer have named Emmett Till had been murdered and great work spurred on by Mrs. Parks. As she to endure another day under its agonizing cre- mutilated by two white men while he was vis- said later in life, ‘‘[W]ithout courage and inspi- dence. iting his uncle in Money, Mississippi. ration, dreams will die—the dream of freedom In making the choice to stand up to the I believe there is a force—call it God or the and peace.’’ monstrous ill of segregation, Rosa Parks spirit of history—that tracks us down and se- On May 21, 1983, as Mayor of the City of joined heroes that have adorned legendary lects us to participate in a cause much greater Englewood, New Jersey, I had the distinct stories throughout the centuries when a com- than ourselves. Rosa Parks followed her own honor to meet Mrs. Parks and personally be- mon individual displays uncommon valor in the compass that day, and she allowed herself to stow upon her a key to that city. In addition, name of righteousness and against all odds. be used for good. She could have been killed. two of our Nation’s highest honors have been Rosa Parks set off a chain of events that, Instead she was arrested, booked, and taken awarded to Rosa Parks. In 1996, President over time, would slay that dragon of segrega- to jail because she would not give up her seat Clinton bestowed upon Mrs. Parks the Presi- tion. Her bravery would inspire other common on a public bus. When the African American dential Medal of Freedom, which recognizes individuals moved by the desire to promote community of Montgomery heard what had meritorious service and outstanding contribu- equal rights to ban together to form an army happened to the demure and beautiful woman tions to American life. Three years later, I had committed to a mission. Their mission would they knew as Rosa Parks, the news spread the privilege to vote for the bill that awarded force a society that had accepted an immoral like wildfire. And people began to say, ‘‘If a Congressional Gold Medal, our Nation’s practice to stop and reevaluate its priorities Rosa Parks can do it, so can I.’’ highest civilian honor, to Mrs. Parks on June and values. By sitting down, Rosa Parks was standing 15, 1999 for her ‘‘quiet dignity [that] ignited the That day, Rosa Parks did start a revolution. up, and with her she carried the hopes, most significant social movement in the history That day, she inspired the Civil Rights move- dreams, aspirations, and yearnings of hun- of the United States.’’ ment that changed the world. That day she led dreds and thousands of oppressed people. I have also supported two recent pieces of a noble cause that she spent her entire life She inspired an entire generation to take a legislation that pay tribute to Mrs. Parks. I dedicated to seeing that we all have a seat of stand by sitting-in at lunch counters and res- voted in favor of H. Con. Res. 208, a resolu- our choice at mankind’s table. It all began with taurants, by standing-in at theaters, by inte- tion which commemorates the 50th anniver- Rosa Parks making the choice to stand up for grating public transportation on the Freedom sary of Rosa Parks’ refusal to give up her seat what she knew, in her heart, was right. Amer- Rides, and by organizing voter registration on the bus and the subsequent desegregation ica has reaffirmed that Rosa Parks was ‘‘right’’ campaigns in the deepest and most dan- of American society. This resolution was in Montgomery, Alabama and ‘‘right’’ still today gerous part of the South. It was also in re- unanimously approved by the House of Rep- and in the future. sponse to Rosa Parks’ protest that a new, resentatives on September 14, 2005. Another On October 25th, 2005, our great American young minister named Martin Luther King, Jr. resolution that I support, which will be intro- hero, Rosa Parks, died at the age of 92 in her was called upon to be the spokesperson and duced this week by my colleague, Congress- adopted home of Detroit, Michigan. While our leader of the movement that would ultimately man MIKE ROGERS, will honor the 50th Anni- country grieves for the loss of one of its most become the Montgomery Bus Boycott. versary of the Montgomery Bus Boycott, which treasured patriots, we can rest assured that That one simple, elegant act ignited a pow- resulted from Mrs. Parks’ heroic actions and the stand Rosa Parks took nearly 50 years erful non-violent movement that changed ultimately led to the Supreme Court decision ago and the contributions she made there- America forever. So when we pay tribute to in Browder. It is my hope that this bill will also after, continues to shape and change the val- Rosa Parks, we are saluting more than the be unanimously approved. ues of this growing country. We are reminded mother of the modern day civil rights move- Mr. Speaker, I rise with sadness today as that we must evaluate our priorities and values ment. We are honoring one of the founders of our Nation has lost a cherished historical fig- each day if we are to protect the equal rights the New America, perhaps ultimately a found- ure and civil rights hero. However, we can all endowed to us by our Creator. Most of all, as er of the Beloved Community, a truly inter- take comfort in knowing how much Rosa common individuals, we are reminded that racial democracy where we lay down the bur- Parks changed the course of history and, by each of us has the uncommon valor to stand den of race and class. doing so, improved the lives of us all. up for what is right no matter the con- The story of Rosa Parks reminds us that we Mr. STUPAK. Mr. Speaker, we all have the sequences because, just like Rosa Parks, are all one people, one family—the American opportunity to make choices in our lives. We each of us has a hero within. family, the human family. And she reminds us have the choice to take the easy route, to Mr. LEWIS of Georgia. Mr. Speaker, there that the actions of one single person have blindly follow societal values no matter how are many today who may not understand power, power to inspire a generation to great- false they may be. Or, we have the choice to today why December 1, 1955, will long be re- ness, power to make presidents, governors take a stand and do what is right no matter membered throughout American history. That and members of Congress do what is right, how challenging the consequences may be. was the day a quiet, somewhat shy, 42-year even if they had not intended to. Rosa Parks

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00272 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23951 teaches us that no matter what the challenge, on the fact that they were, as Dr. Martin Lu- To see these places through their eyes, to even in the face of death, sometimes each of ther King, Jr., said, not fulfilling our Nation’s hear them describe what it was like when the us is called upon to stand up, speak up, and promise of equality and justice. And so we very church we were sitting in was under speak out against the injustice of our day and note the passing of Rosa Parks at the age of siege by an angry mob of segregationists, to time. And if we do, maybe, just maybe it might 92. She made an extraordinary contribution, witness tears come down their cheeks as they change a nation. And if we are as lucky as not just to our country, but to the concept of thought of where they had been and where we Rosa Parks, maybe it might even change the equality and dignity of human beings around were standing. world. the world. As we reflected on the moving events of the Mr. ROGERS of Alabama. Mr. Speaker, I Rosa Parks was a civil rights icon and a na- pilgrimage, the Members of Congress—many rise today to help pay tribute to one of Ala- tional treasure. Her simple, dignified act nearly like me, too young to remember well the civil bama’s great Civil Rights leaders, Rosa Parks. half a century ago—defiance of a racist law rights movement—kept asking ourselves two Nearly 50 years ago, Rosa Parks started a that denied her humanity—helped galvanize questions: What would I have done? Would I quiet, but determined, protest against the sta- the civil rights movement and delivered a have been an activist, or, like so many Ameri- tus quo. moral body blow to segregationist laws that cans, simply indifferent? And what about What began as a principled refusal to give stain our Nation’s history. today? What is the contemporary relevance of up her seat, grew into a movement that has Ms. Parks’ life is a testament to the truth the civil rights movement? helped change the world. that one person with courage and an The more we pondered what we would have All of us assembled here today are bene- unshakable will can change a Nation and done, black or white, had we been born into ficiaries of her courage, regardless of our begin to right wrongs. Her legacy will endure 1960’s Alabama, and the more we asked our- race. We’re deeply saddened by her passing, not only through her personal acts of courage selves about what we could do to advance the but we’re also humbled by her life and legacy. and strength, but also through the thousands civil rights movement today, the more I began Our Nation is stronger because of her actions. of activists who were inspired by her. to realize that the two questions were really Mr. Speaker, yesterday I introduced a reso- Ms. Parks risked everything, including her interconnected. lution recognizing the 50th Anniversary of the life, for a cause that she knew in her heart The best window into what we would have Montgomery Bus Boycott. was right. We are a better Nation today as the done, the best insight into what might have Over 60 members of this chamber are co- result of her courage and vision. And, we been, can be gleaned from what we do in the sponsors of that resolution, including all of my should honor her memory by continuing the future. While America today provides all of its colleagues from Alabama. fight for equality, decency and basic human citizens with more opportunities and better It is my hope that resolution will also help rights. protects those most vulnerable, too many still honor Rosa Parks, and help pay tribute to Mr. SCHIFF. Mr. Speaker, I rise today to face vestiges of bigotry. We can look to the those who laid the foundations for the modern- honor the life of Ms. Rosa Parks who died on Civil Rights Movement to inspire us to build a day Civil Rights movement. October 24, 2005 at the age of 92. greater and more just society, but we must I thank Mr. CONYERS for leading this tribute In 1955, Rosa Parks was a seamstress, learn from the example set by Rosa Parks that today, and thank my colleagues for their atten- housekeeper and volunteer at the local each of us must take an affirmative step to en- tion to the life and legacy of Rosa Parks. NAACP chapter in Montgomery, Alabama. sure that our country remains faithful to the Mr. FILNER. Mr. Speaker and colleagues, I One winter evening, the 42-year-old was riding ideals of its founding. If we dedicate ourselves rise today to acknowledge the passing of a a city bus home after a long day of work. to the cause of racial justice, arm ourselves great American, the venerable Rosa Louise Rather than give up her seat to a white per- with an appreciation of history, and commit Parks. son, she chose to be arrested, setting off a ourselves to the provision of equal opportunity On a cold afternoon in December 1955, 381-day boycott of the bus system organized to all, we will stand on the frontier of the new Rosa Parks could not have known she would by a young Rev. Martin Luther King, Jr. Her civil rights movement. And that would be the soon become a national symbol and civil simple act of defiance was an important cata- most fitting pilgrimage of all. rights icon. But in standing her ground and de- lyst in the Civil Rights Movement. She was ar- Mr. CUMMINGS. Mr. Speaker, when Mrs. manding her fair and equal treatment on that rested and later found guilty by a local court Rosa Parks, ‘‘mother of the civil rights move- bus in Montgomery, Alabama, Rosa Parks be- of violating segregation, but her case eventu- ment’’ died last Monday at the age of 92, she came the first lady of civil rights and the moth- ally went to the U.S. Supreme Court which left America an inspiring legacy—a vision that er of the freedom movement. overturned the Jim Crow-era laws. can transform this country if we have the wis- Her simple action and committed resolve Many civil rights pioneers would fight dom and courage to grasp it as our own. that day empowered a people, ignited a move- against injustice, helping advance genuine December 1 will mark the 50th anniversary ment and changed the course of American equality among citizens. Yet Rosa Parks was of that bus ride in Montgomery when Rosa history. unique; a true American icon who embodied Parks refused to give up her seat to a white The events that followed Ms. Parks’ protest the notion that one person can make a dif- man, as then required by the laws of segrega- that day—her arrest, the Montgomery bus ference, that a snowball can turn into an ava- tion. boycott, and the eventual integration of the lanche. She was the anonymous victim of dis- ‘‘I felt that I had a right to be treated as any bus system—set the stage for Dr. Martin Lu- crimination whose fame quickly spread; a other passenger,’’ Mrs. Parks recalled in 1992. ther King and the Civil Rights Act. woman of profound inner-strength and deep ‘‘We had endured that kind of treatment too As a young college student, I was inspired conviction who selflessly volunteered herself long.’’ by the stories of Ms. Parks’ courageous ac- for the greater cause of liberty. Her bravery Rosa Parks was jailed and fined for defying tion. I traveled to the south as a ‘‘freedom galvanized thousands to use non-violent the Jim Crow laws—a principled act of human ride’’ in support of the emerging civil rights means to move Congress to pass landmark dignity and determination that sounded an movement. civil rights and voting rights legislation. alarm that carried far beyond her home of Rosa Parks’ courage, determination, and te- Two years ago, I joined a civil rights pilgrim- Montgomery, Alabama. nacity continue to be an inspiration to all those age to Selma, Montgomery and Birmingham, Rosa Parks’ action was the genesis of the committed to non-violent protest and change Alabama. Led by Representative JOHN LEWIS Civil Rights Movement. Without Rosa Parks’ nearly half a century later. She will be remem- and the Faith in Politics Institute, the pilgrim- heroic act of principle, there would have been bered as an everlasting symbol and advocate age took Members of the House and Senate no Montgomery bus boycott in 1955. A min- for justice and equality throughout America. to the sites of many of the civil rights struggles ister named the Rev. Dr. Martin Luther King, Thank you Rosa, America will forever be in- of the 1950s and 1960s. It was an unforget- Jr., may not have been thrust upon the na- debted to you. table experience. All of the Members of Con- tional stage. Mr. HOYER. Mr. Speaker, in February of gress felt as I did, how lucky we were to visit Mr. Speaker, Mrs. Parks, one woman—one 1913, an extraordinary lady was born and 42 these sites: the Edmund Pettus Bridge, the demure, diminutive and determined woman al- years later she refused to give her seat up on Dexter Avenue King Memorial Church, the tered American history. It is important that we a bus in Montgomery, Alabama. Her actions 16th Street Baptist Church, the Civil Rights In- all remember that one person can make a dif- had an extraordinarily positive impact on stitute and the Rosa Parks Museum, with ference during the difficult and dangerous America and on focusing Americans’ attention some of the activists who led the movement. times that we now must face and overcome.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00273 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23952 CONGRESSIONAL RECORD—HOUSE October 26, 2005 President Clinton affirmed the truth of this On December 1, 1955 in Montgomery, Ala- She sat down when the world told her to get proposition when he presented Rosa Parks bama, Mrs. Parks was riding the bus home up, inspiring millions to demand equality. She with the Presidential Medal of Freedom in from work. On that December evening Rosa leaves a legacy built upon strength, pride, and 1996. The Congress concurred in 1999, when Parks was asked, along with other African- hope. She was the beginning of a movement I was proud to join my colleagues in awarding Americans, to give up her seat to a white pas- that sought tolerance and equality not only be- her the Congressional Gold Medal—America’s senger. Mrs. Parks was the only one that re- tween blacks and whites, but also between highest civilian honor. fused to do so and she was subsequently ar- people of all backgrounds. Mr. Speaker, these honors were well-de- rested and fined. Her actions that day put the Rosa Parks remains a role model for us all, served. Yet, a desire for public acclaim was civil rights movement into motion and changed having demonstrated the importance of perse- not the foremost objective in Rosa Parks’ the direction of our nation. Her arrest inspired verance and principle. I was and always will mind. a young minister named Martin Luther King, be proud to say that she was, for at least a ‘‘I am leaving this legacy to all of you,’’ she Jr. to organize a boycott of the city’s buses. portion of her life, a Michigander. She will be declared during a 1988 celebration in her The 381 day boycott eventually lead to a Su- missed, but her memory will never fade. honor, ‘‘. . . to bring peace, justice, equality, preme Court ruling that struck down the Mont- Mr. MEEHAN. Mr. Speaker, I rise in honor love and a fulfillment of what our lives should gomery ordinance and outlawed racial seg- of Rosa Louise Parks, a woman whose life be.’’ regation on public transportation. was exemplified by quiet courage, strength ‘‘Without vision, the people will perish,’’ she Rosa Parks was a humble woman who and conviction. continued, quoting Scripture, ‘‘and without never wanted recognition, only equality. She During her 92 years, Ms. Parks impressed courage and inspiration, dreams will die—the continued to fight for equality through her local all that all of us with a sense of the possible. dreams of freedom and peace. ‘‘ NAACP chapter. Her mother always told her It was possible to change Alabama segrega- Rosa Parks was pleading with us to stand to take advantage of opportunities no matter tion law by refusing to give up a bus seat, it up for what is right when we are faced with how few they are. She heeded that advice and was possible to change Jim Crow across the challenges to our shared humanity that, all seized opportunities and also provided a mul- America, and it was possible to do all this in too often, confront us in our daily lives. titude of opportunities for others. Mrs. Parks a non-violent fashion. To win these struggles, it is readily apparent will be remembered not only for her actions Her refusal to rise from her seat and subse- that we first must address the issue of the but for her courage. She did what so many quent arrest led to the 381-day Montgomery continuing disparities that plague our national others yearned to do. Her story catapulted the Bus Boycott and to the eventual repeal of the progress. segregation laws of the South. Her individual Consider the findings of the National Urban civil rights movement to the national stage and act of defiance is considered by many to be League’s ‘‘State of Black America for 2005,’’ inspired many others to join the fight to end the beginning of the civil rights movement. the annual report that so graphically contrasts segregation. Later in her life, Rosa Parks co-founded an It would be easy to remember Rosa Parks the health, education and general welfare of organization for young people, the Rosa and solely for this event. However, her legacy is so African Americans in relationship to the major- Raymond Parks Institute, which enables youth much more. I will remember her as someone ity Caucasian population of this country. who was deeply committed to equality. I will Fifty years after Rosa Parks boarded that to pursue educational opportunities, registers remember her as someone who never sought Montgomery bus, African Americans still are them to vote, and works toward racial peace. out personal attention, yet whose great actions twice as likely to die before our time—reflect- Mrs. Parks also hosted a special program or- attracted admiration from all quarters. I will re- ing the unequal treatment that African Ameri- ganized through the Rosa and Rymond Parks member her as a role model and as a great cans receive from this nation’s disparate sys- Institute called Pathways to Freedom. This American. tem of health care. student program gives tours across the coun- African American unemployment rates re- try that follows the Underground Railroad and However, without a doubt the best way that main twice those of White Americans. Our av- highlights the events that spearheaded the we can honor the life of Rosa Parks is not by erage net worth is ten times less, and our rate civil rights movement. In 1996, President Clin- erecting monuments or parading up and down of home ownership (a critical component of ton honored Rosa Parks with the presidential the main streets of American towns and cities. wealth creation in this country) still lags far be- Medal of Freedom and in 1999, she received This is not to say that we shouldn’t honor her hind. the Congressional Gold Medal. in this manner, but rather, we should continue Inexperienced teachers are twice as likely to Although parts of our history are marred her life’s work and try to live by the ideals that be teaching our children in minority schools. with inequality, discrimination, and hate, it is she shared with all of us. We need not belabor the connection be- also filled with individual courage, persever- We should encourage grassroots democ- tween these harsh facts of everyday life for ance, and hope. We must learn from it so that racy for positive change in our districts. We Americans of color and the reality that our vot- we can continue to progress as a nation. We should encourage non-violent action, to resist ing rights continue to be disproportionately at- must never forget our history and we must intolerance and discrimination much as Ms. tacked and denied. never forget Rosa Parks. Parks did. Above all, we should encourage For any nation that proclaims ‘‘liberty and Mr. KNOLLENBERG. Mr. Speaker, I rise Americans to continue the fight for civil rights justice for all,’’ there is something fundamen- today to mourn the passing of Rosa Parks. and equality. tally wrong with these pictures. Rosa Parks took a stand by refusing to The freedoms we enjoy today are because Mr. Speaker, if we are to advance Rosa leave her seat for a white man on a bus in of the sacrifice of exceptional individuals like Parks’ vision of justice, equality and oppor- Montgomery, Alabama. She forever changed Rosa Parks who stood up to oppression and tunity, we must remain vigilant in creating a the course of our nation with one simple act changed history. But Rosa Parks’s greatest color-blind level playing field for all Americans. of courage and stubbornness. By keeping her legacy is that she taught generations that acts That would be America’s way of keeping alive seat in the front of the bus she started a of courage can precipitate great change. the legacy of the great Rosa Lee Parks. movement which would ensure that African- Let us celebrate the lifetime achievements I thank my friend and Mrs. Parks’ friend, Americans and other minorities would never of a truly remarkable woman. Rep. JOHN CONYERS, for leading this effort to again be required to take a back seat to big- Mr. HASTINGS of Florida. Mr. Speaker, I honor this exceptional American heroine. I ex- otry, prejudice, and racism. rise today to honor the life of one of the most tend my sincerest condolences to her family The significance of Rosa Parks’ life was not important figures in our Nation’s history: Mrs. and loved ones. limited to the civil rights movement, as can be Rosa Parks. In 1955, this courageous and gal- Mr. SCOTT of Georgia. Mr. Speaker, I rise evidenced by her reputation with people of all lant young lady took a stand. Or more cor- to address this chamber in honor of a civil ages. She is just as important to children rectly, took a seat, on a public bus in Mont- rights hero, Rosa Parks. Mrs. Parks passed today as she was to the millions she inspired gomery, Alabama. Her refusal to give up her away on Monday evening but her legacy will with her singular act of defiance in 1955. She seat to a white man may have resulted in a continue to inspire us all. Her story is not just led the life of a true heroine, refusing to bow disorderly conduct conviction and a $14 fine. a civil rights story it is an American story. I am down to intolerance, inequality, and nar- But her refusal to move to the back of the bus pleased to honor her here today and as a co- rowmindedness. ignited a flame that started a revolution. She sponsor of legislation that recognizes her cou- She was the voice of courage, the personi- brought forth change among the American rageous contributions to our nation. fication of bravery, and the catalyst of change. people. The consequences and significance of

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00274 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23953 her stand makes her a true hero in American wardly she appeared to be a plain ordinary cit- Leadership Conference with the goal of pro- history. izen but inside the small lady was a magnifi- viding local leaders with the necessary tools to We always hear how Mrs. Parks refused to cent giant with great courage and tenacity. mount successful campaigns for justice. give up her seat because she was tired from She was a spark plug who set the soul of It is because of the many sacrifices of peo- a long day of work, but this is only a half truth. Martin Luther King on fire. A blazing powerful ple like Ms. Parks, the personal risks they Yes, she was tired. But Rosa Parks’ weari- movement was born from this union in Mont- took, that I, as an African American, can stand ness came not only from a hard day’s work, gomery, Alabama. Rosa Parks became the before my fellow Americans as a United but also from years of discrimination that she mother of the Civil Rights Movement which States Congressman. While we have made and our people faced daily due to the racist changed America to make our Nation more great strides in the past 50 years, yet there is and segregationist laws of our country. She like God and the constitution meant for it to still progress to be made. I want to thank all knew that blacks were required to give their be. of those that are continuing the fight for justice seats to white passengers if there were no Mr. AL GREEN of Texas. Mr. Speaker, civil and equality as they honor the legacy of Rosa more empty seats. But Rosa Parks made a disobedience is the foundation of our democ- Parks. conscious decision to fight. All of us here racy. Rosa Parks showed us that it was our Mrs. MALONEY. Mr. Speaker, I rise today today, white, brown, black and blue, are better duty, not just our right, to demand equal treat- to honor the life and work of Rosa Parks, a off today because Rosa Parks said, ‘‘No.’’ ment and equal opportunity. pioneer of the civil rights movement, who Rosa Parks’ arrest served as a catalyst for When this Montgomery resident decided to passed away on October 24, 2005. She will a massive 381 day boycott of the public buses remain seated and actively resist, she cata- not soon be forgotten. In a moment of defi- in Montgomery, which was led by another pulted the civil rights movement into a new ance, America’s history forever changed. On great individual, Dr. Martin Luther King Jr. kind of decisive action. one December day in 1955, Rosa Parks de- During this time, African Americans would car- Ms. Parks, working as a seamstress, initially fied the social injustices that were plaguing the pool, walk, bike, taxi, or do whatever else they became involved with the civil rights move- United States and made a statement by refus- had to do to get to their various destinations. ment through her work as a secretary for the ing to surrender her bus seat to a white man. They did everything, but ride the bus. Despite Montgomery branch of the National Associa- This historic day in Montgomery, Alabama the harassment that everyone involved in the tion for the Advancement of Colored Persons gave a spark to the civil rights movement. In civil rights movement faced, the boycott con- (NAACP). Her involvement heightened when a time and place of great danger, Rosa Parks tinued and was successful. Resolution was fi- she declined to give up her seat on a bus for was a leader among those brave individuals nally achieved in 1956 when the case was a white man. In Ms. Parks’ autobiography, My who sought to overcome racial discrimination brought to court, and the segregation of buses Story, she says that she was ‘‘tired of giving and bigotry. was ruled unconstitutional. As we all know, in’’ that day she decided not to give up her Rosa Parks knew the dangers and potential what Rosa Parks jump started in 1955, even- seat. consequences of her actions, but she also had tually led to passage of the Civil Rights Act of I am thankful that Ms. Parks was tired. She a greater sense of what was right and what 1964 and the Voting Rights act of 1965. was tired of being treated as a second class was just. Her passion for freedom and equality During her lifetime, Mrs. Parks worked for citizen; tired of seeing her friends, family and should serve as an inspiration for generations the equality of not just black people, but all fellow brothers and sisters being put upon by to come, just as it did during the uncertain people. She was elected secretary of the dogs and hoses; and most importantly, tired of times of the 1950s and 1960s. When she re- Montgomery branch of the National Associa- being silenced in her own country. fused to give away her seat, Mrs. Parks was tion for the Advancement of Colored People, It was due to her desire for social justice not looking for any sort of attention or fame. unsuccessfully attempted to vote many times and her longing for equality that she chose to She was simply asserting her fundamental to prove her point of discrimination, and found- make a statement by refusing to rise. Her ac- rights as a woman and an American that ed the Rosa and Raymond Parks Institute for tions, along with those of many, awakened serve as the foundation of the United States. Self Development, an organization which aids this Nation. It is because of their unwavering Today, and forever, we will honor the mem- in the social and educational development of commitment to fighting against injustice and to ory of Rosa Parks. History will remember her our youth. realize the dream and vision of this nation’s as one of the greatest Americans. Rosa Parks Rosa Parks demonstrated that one person forefathers—that this country was forced to will forever walk among the heroes of justice can help so many other people by standing up look at itself in the mirror and change what it and freedom. for what they believe in. While we grieve her saw. Mr. LARSON of Connecticut. Mr. Speaker, I death, we also celebrate her life. We must re- Mr. Speaker, I am particularly aware of the rise today to honor and celebrate the life of member her actions inspired others to dream contribution Ms. Parks’ made by this act of the distinguished Civil Rights leader, Rosa more, learn more, and do more. With that, we civil disobedience. Rosa Park’s actions were Parks who died Monday, October 24, 2005 at all become more. A great man once said, ‘‘All the spark. The spark that allowed the civil the age of 92. A woman of great character of the great leaders have had one char- rights movement to progress and move for- and conviction, Rosa Parks inspired a genera- acteristic in common; it was the willingness to ward under the leadership of a relatively un- tion to change the course of history. confront unequivocally the major anxiety of known minister of the Dexter Avenue Baptist For half a century, the story of Rosa their people in their time. This, and not much Church, the Rev. Martin Luther King, Jr. Parks—of a woman with the courage to chal- else, is the essence of leadership.’’ Great Up until that point, litigation was the primary lenge an unjust system, has been marked in leaders of the time, such as Rosa Parks, were method the civil rights movement employed, history as a lesson for both young and old. tired of the inequality, and tired of the disparity but Rosa Parks marked the beginning of a While riding a bus home from her job in Mont- that African Americans were facing at that new strategy, one of civil disobedience. Bus gomery, Alabama on December 1, 1955, Rosa time. boycotts, sit-ins, and freedom rides were just Parks defied the segregation laws of the time She challenged; she led; she served; and some of the tactics. While the Montgomery and refused to give up her seat to a white she inspired. Rosa Parks died with honor and Bus Boycott was not the first boycott, it was passenger. She was then arrested and fined principle. We have, but no other option, to live the first to last as long as it did, over one year, $14. Her bold and single act of defiance our lives in a manner which honors and mir- resulting in a monumental court ruling and set- sparked a 381-day boycott of the Montgomery rors the virtues she pursued with absolute ting the civil rights movement on a new bus system by the African American commu- courage and bravery. course. nity and ultimately the breakdown of segrega- Mr. OWENS. Mr. Speaker, along with all the Ms. Parks’ landmark Supreme Court case tion in the south. constituents of the 11th Congressional District resulted in the ruling that segregated bus serv- Born Rosa Louise McCauley on February 4, I mourn the death of Rosa Parks on October ice was unconstitutional, unconstitutional not 1913 in Tuskegee, Alabama, she married Ray- 24, 2005. From that band of anonymous great just because segregation on transportation af- mond Parks in 1932 after briefly attending Ala- angels who always come forward to rescue fected interstate commerce, but segregation bama State College in Montgomery. As the America in times of great stress and decline was unconstitutional in itself. first female member of the Montgomery chap- Rosa Parks marched forth. She sat down in After the boycott, non-violence became the ter of the National Association for the Ad- order to stand up for the basic rights of mil- central tenet of the movement as civil rights vancement of Colored People (NAACP), Rosa lions of oppressed African Americans. Out- leaders organized at the Southern Christian Parks worked tirelessly with her husband to

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00275 Fmt 0688 Sfmt 9920 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23954 CONGRESSIONAL RECORD—HOUSE October 26, 2005 encourage and increase voter participation in closely with Mrs. Rosa Parks. I know stance, that did not happen. I want to the African American community. Following she is smiling on the gentleman and thank the National Guard for doing ev- the couple’s move to Detroit, Rosa Parks this Congress tonight for recognizing erything they could do, but the coordi- began her 20-year service to the 14th district her contributions. I thank the gen- nation is still not where it should be. of Michigan as an administrative assistant in tleman for standing up at a time it was I wanted to talk tonight about what Congressman JOHN CONYERS, Jr.’s office. She not popular to stand up for Rosa Parks just happened, what has happened in also founded the Rosa and Raymond Parks and allow her to be a part of your oper- the past, and how we can correct it in Institute for Self Development to encourage ation. And obviously she allowed you the future. I think that is something leadership among Detroit’s youth in 1987. to be a part of her life. Thank you for very, very important, especially as Although modest about the pivotal role she keeping her memory alive. Members of Congress. I am joined by played in the Civil Rights movement, Rosa Mr. Speaker, I entered my comments the gentlewoman from Florida (Ms. Parks has been recognized with some of the for the CONGRESSIONAL RECORD of con- WASSERMAN SCHULTZ). Both of us rode most prestigious awards and honors in the dolences to not only her family, but the storm out and both of us live in country. Among her many awards, she was recognizing Rosa Parks’s contributions communities where the lights are out. the recipient of the Presidential Medal of Free- to our great country, and to the world. Both of us called directly to the di- dom, which is our Nation’s highest civil award Many leaders are not revered until rector of FEMA to recommend to the for merit and integrity, and the Congressional they have passed on, and I can tell you White House that we be granted indi- Gold Medal, which is the highest expression of that many Members of this Congress, vidual assistance for households. In national appreciation for distinguished especially in the Congressional Black Hurricane Katrina, that was not grant- achievements and contributions. She was also Caucus, let Rosa Parks know how ed. Many Floridians in south Florida awarded the Springarn award by the NAACP much we appreciated her contribu- lost their homes. They did not meet that recognizes the highest achievements tions. I have read many letters to the the quote/unquote 800 threshold for amongst African Americans and the Martin Lu- editor from around the country from damage to their homes, something that ther King Jr. Award that recognizes those who people from all backgrounds com- was a discretionary call. The entire work for social change through nonviolent mending the life and memory of Mrs. Florida delegation asked, with the means. Rosa Parks. leadership of the gentlewoman from The longest journey begins with the smallest Mr. Speaker, I would like to come Florida (Ms. WASSERMAN SCHULTZ), for step. Rosa Parks’ actions seemed small on under regular order in the 30-Some- the White House and FEMA to recon- that December day, but they accelerated the thing Working Group to come to this sider. It was denied both times. Civil Rights movement and enkindled a pas- floor once again and talk about some of This time we assumed nothing and sion for equality in a generation. I had the the issues that are working in our Fed- worked very hard to make it happen. It honor of joining our colleague from Georgia, eral Government and some of the was very obvious, and I am sure people Mr. LEWIS, in March to celebrate the 40th an- issues that we need to continue to in Washington, D.C. could watch the niversary of the Voting Rights March in Ala- work on. news and see that the need was there. bama and the many heroes who were inspired My State was hit recently by Hurri- We needed to meet it, but the Federal by Mrs. Parks. I was moved by their struggles cane Wilma, closely following damage response is not what it should be at and motivated by their strength. However, the wrought by hurricanes Katrina and this particular time. I can tell you as I journey towards true equality remains unfin- Rita, and there is a lot of work we have yield to my colleague, I was very, very ished and the most fitting tribute to Mrs. Parks to do. I want to commend those first disturbed by the fact that a person that would be for us to continue that fight in her responders trying to save lives and I communicate with that I think is a memory. making sure that we prevent accidents very decent individual, and I still feel And so today, I join the country in bidding and future accidents. I want to thank he is a decent individual, but when you farewell to a true American hero and inspira- Florida Power & Light and light com- come down to Florida, the Secretary of tional leader. Mrs. Rosa Parks will be greatly panies from throughout the country for Homeland Security says, you just need missed by her family, the Nation and the coming down to south Florida to try to to be patient. We know you just went world. restore power to so many Floridians. through a storm, but be patient. Mr. CONYERS. Mr. Speaker, I yield But I can tell you it was very dis- I can tell you before that, the State back the balance of my time. heartening that yesterday, and I just director, the Governor of Florida was got back this afternoon, there were saying, make sure you have what you f thousands of people waiting on ice and need to have, water, ice, 24 hours after b 2215 water. Whatever the issue is as it re- the event. Then when folks ran out, lates to the communication lines, we they waited in lines for hours. In some 30-SOMETHING WORKING GROUP are going to have to work on those instances, water did not show up, ice The SPEAKER pro tempore (Mr. issues. I know that in south Florida we was not there, and food was not there; MCCAUL of Texas). Under the Speaker’s have the most populated area in the and folks were promised it was going to announced policy of January 4, 2005, State. We have the west coast hit, but be there and it did not happen. the gentleman from Florida (Mr. MEEK) we never can tell what Mother Nature There are a number of comments is recognized for half the time until is going to do. The east coast ended up going back and forth between State, midnight. being hammered quite a bit. A number local, and Federal governments. This Mr. MEEK of Florida. Mr. Speaker, it of individuals were left without elec- goes back to the importance of the is an honor to be here on the floor once tricity. Roofs were ripped off. Things independent Hurricane Katrina com- again. I thank the minority leader, the like that happen in category 2 and cat- mission so we can have folks that can gentlewoman from California (Ms. egory 3 hurricanes. Water lines were sit down and evaluate what happened PELOSI), and the minority whip, the ruptured, but hats off to the local gov- in Hurricane Katrina, what happened gentleman from Maryland (Mr. HOYER), ernment for making sure that we have in Rita and Wilma. What happened in and our Democratic Caucus leadership, potable water in many parts of Miami- other storms, so we can come out with the gentleman from New Jersey (Mr. Dade County and parts of Broward and best practices, not just for hurricanes MENENDEZ) and the gentleman from Palm Beach counties. but even if there is a terrorist attack. South Carolina (Mr. CLYBURN). But what we have to do is go back to This is a perfect example to show I was moved by my colleagues that what we were talking about originally, how the people who sent us here will came to the floor to honor the late a Hurricane Katrina commission to not get what they need from the local, great Rosa Parks, and also the gen- make sure that we are able to work the State, or Federal Government that is tleman from Michigan (Mr. CONYERS) kinks out so we can provide Americans overwhelmed by the event that took who is a Member of this body for a very what they need in their time of need. place. That is why we have a FEMA, long time, and actually worked very Unfortunately in this particular in- and I think that it is important that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00276 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23955 we work on these issues. I am glad to days, 6 or 7 days’ progress that Wilma model, and we have already seen what be here with my colleagues. We are made across the continent and saw the the model is not, if we are the model, quote/unquote evacuees. The airports lines in advance of the storm. And you we have a lot of work to do. know what, if you do not have money, just opened in south Florida, and I am b 2230 glad to be here. if you cannot buy gas for your car or Mr. Speaker, I yield to the gentle- get to a store, it is going to be a little Mr. MEEK of Florida. Mr. Speaker, I woman from Florida (Ms. WASSERMAN difficult to stock up on 72 hours’ worth feel very strongly also there is a lot of SCHULTZ). of food. work to be done. What I am disturbed Ms. WASSERMAN SCHULTZ. Mr. When I went on this preliminary about, I was at the emergency oper- Speaker, it has been stressful, and that damage assessment, I will be honest, I ation center last night in Miami-Dade is the mildest word I can use, last sev- am quite certain that a lot of these County speaking with the county man- eral days. We both rode out the storm people could not afford to buy 72 hours’ ager and several of the county commis- in our houses in south Florida. worth of food and water. So the insen- sioners. The mayor was on his way I have to say, if I had not been im- sitivity between the Governor’s com- back from Homestead Air Force Base pressed by looking at the aftermath of ments and the President’s comments meeting with National Guard personnel Andrew, and I live in Broward County after Hurricane Katrina. The President and management, and the bottom line and so Andrew did not devastate said something similar after Hurricane is that they did not get the supplies Broward County like it did Miami- Katrina. He said in advance of the that they were supposed to get. The ice Dade County, we got grazed, but if I did storm, we warned people and it is our was not coming, Mr. Speaker. The not appreciate the kind of power Moth- responsibility to get people prepared; water was not on the way, and it is not er Nature has after observing the after- but if they did not listen, there is not the Kendrick Meek report. It was on math of Andrew and Hurricane Katrina too much we can do about it. I guess the Weather Channel. It was on CNN. It on TV, I can tell you, being hit by an like brother like brother. was on Fox. It was on MSNBC. It was category 3 storm is awe inspiring. But what is the most disappointing, on all the major news networks saying When you are cowering with your really, as someone who went through we are prepared because we are Florid- kids and husband and your family in the storm myself and now have had lit- ians, and we are used to doing this. your home and you are boarded up in erally thousands and thousands of con- Well, I can tell the Members that we your house, it feels like God is literally stituents whose lives are affected who are never perfect. throwing bowling balls on the roof. It are sitting in the dark tonight as we And I am holding up just one picture is an emotional, stressful situation. speak who cannot hear our voices un- here, Mr. Speaker, from the New York For those of us who live in structures less they are listening to C–SPAN Times of the Orange Bowl. Everyone that have been built under the south Radio, honestly, it is just unbelievable knows about the Orange Bowl through- Florida building code since Hurricane that last week when we had our Flor- out the country, but it is not known Andrew and have a sturdy structure in ida delegation meeting, to listen to the for what it was known for, for a num- which to live, where we were not wor- supposedly organized and well-prepared ber of championship games, a number ried about our homes caving in around preparations that FEMA and the State of professional football games. It is a us, and then yesterday when I had an of Florida were putting in place to pre- place of chaos and a place of frustra- opportunity to ride with FEMA on position supplies that people needed. tion right now. And I use the word You would have thought that there their preliminary damage assessment ‘‘chaos,’’ and I do not use that loosely. would not be a kink in the works after review and saw the mobile home parks I can tell the Members I happened to the hurricane went through. Honestly, in my district and across south Florida be with the National Guard yesterday. the reports that I am getting are so spanning the gentleman’s district, and I wanted them to take me to all of disturbing, price gouging of over $6 a literally see that the walls caved in these distribution centers by a gallon for gas in our districts. Where is around the foundations of these homes Blackhawk, and we had an opportunity the accountability? Where is the pro- and just furniture was left. Massive to see them. There were lines around, tection from the State government? literally if we were to go out the front trees fell, falling completely over or We have trucks that have been lost door of the Capitol, we can go clear snapping in half and falling on people’s for 2 days that they still cannot find, houses. We can urge people to leave that they bragged to us last week that across the street to the Cannon Build- their homes as much as possible, but they were pre-positioning ice and water ing and around, all the way around human nature often motivates people and meals ready to eat in Jacksonville that building. People were waiting for 7 to stay with their belongings and pro- and Homestead, but then they lost the and 8 hours to get 1 bag of ice and 3 tect their home base. trucks because the only means of com- jugs of water. I just could not believe what might munication they had available to con- I do not blame the local government have happened. The fact that we avoid- tact the trucks was cell phones. Maybe officials. I do not even know if it was ed a huge loss of life is just a miracle. they did not notice, but cell phone tow- the truck driver that needed someone It really is. I have to say, the insen- ers are tall; and the tall things in to sign a paper before they released the sitivity on the part of the Governor as south Florida when they got hit by a ice. What I do know is that Americans well as the President, both spanning category 3 hurricane fell down or were count on this government for them in from Hurricane Katrina to Wilma is damaged. their time of need. Local government just shocking. Governor Bush literally So that means communication went can only go so far. State government said today in our newspaper that he did down. No water, no ice, no diesel fuel. can only go so far. The Federal Govern- not understand, and I will quote him: Senior citizens older than 85 years old ment, as far as we are concerned as it ‘‘We had a lot of people standing in line in Hallandale Beach stuck in their con- relates to the Federal Emergency Man- yesterday that we did not like to see. dominiums, the glass blown out of agement Agency, this is what that That is why we tell people to have 72 their places, no power, no food. The Agency does 24–7. They plan for cata- hours of food and water so you do not generators operating their power run- strophic events. And as far as I am con- have to stand in line.’’ That was Sec- ning out of diesel fuel. The mayor of cerned, as it relates to catastrophic, retary Paulison. Then the Governor Hallandale Beach had to call an emer- comparing Wilma to Katrina, it is very said he did not understand why people gency session of the city council and hard to compare it, but I can tell the did not heed the warning and get 72 declare a state of emergency within her Members that many of the Floridians hours’ worth of food and water in ad- city so she could get ready to com- that are being rationed for gas, we are vance of the storm. That is an easy mandeer gas from a gas station to help not saying it is the government’s prob- thing to do. those people. lem for all of that. We are just saying Well, I do not think Governor Bush This is the model State for natural that we need to manage our part of was in south Florida for the several disaster preparation. If we are the this thing. We need to make sure that

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00277 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23956 CONGRESSIONAL RECORD—HOUSE October 26, 2005 if we tell someone that ice is going to my district. Not a truck of ice, water, day, we need to talk about it. We need be somewhere at a particular time, I anything. We had to argue with the to critical of one another so we can be can see a truck an hour late or 2 hours emergency management people. We better. And, unfortunately, it is now late, but 7 and 10 hours late? had to argue with the State. And fi- our constituents. This is not the Kendrick Meek re- nally it took an act of Congressmen But I feel half all right about this port. This is in the papers throughout getting involved for that to happen. thing because we have been about the Florida and throughout this country What happened then? Well, I believe solution and trying to bring about over and on several of the news outlets. And they ended up getting ice and food be- 190 Members of this House. Unfortu- I have this here from the Sun-Sentinel, cause there was no water to send over nately, Mr. Speaker, on this side of the after the Governor made the comments there. aisle, it is not politics. It is just busi- about they should have been ready. So the bottom line is we do have peo- ness. And guess what? It is reality. And it is not about the Governor and ple in the real world that cannot afford We are calling for an Independent the State of Florida. This is about re- to buy a generator to keep their refrig- Katrina Commission, along with 81 per- sponding to Americans in need, and we erator and food fresh. We have people cent of the American people that are have a pattern. in our country, the working poor and calling for it. What has to happen next? In Rita we heard the same com- some middle-class folks, that are work- Do we need to have a terrorist attack? plaints from some members of the ing from paycheck to paycheck, that Do we need to have a horrific event Texas delegation and some of the folks cannot afford to have ice reserved for somewhere to say maybe we need to re- that came up here from Rita about 72 hours. view what we are doing because what what should have happened did not That is an interesting number be- we are doing we are not doing right? It happen. We definitely heard those com- cause it keeps sliding. I heard we need is almost like taking a carton of milk plaints in Katrina. So we know that we to have enough to preserve ourselves out of the refrigerator and saying, oh, are having complaints, and we know for 24 hours. I heard this come out of it is spoiled, let me put it back in, and that we have a problem, but we are not the mouth of the Governor, the chief maybe it will be fresh tomorrow. It is doing the things that we need to do to emergency management person, the just not going to happen. And until we correct those problems. We are not FEMA people. And now we have prob- leader up and until we work in a bipar- doing it. And that is the problem. That lem. Now that number has slid to 72 tisan way, it is just not going to hap- is the main problem that we are not hours. What is it going to be next, 150 pen. learning from recent events. We are hours because we cannot respond? So, I mean, I do not know how to talking about within the last 2 to 3 So I am very serious about this be- make it any more plain of what we months. This is not like 1967. We do not cause it is our job. Even before Wilma, need to do and what we have to do, be- have to go back that far. Just this year I am so glad that we were on this floor, cause Americans are suffering, and we should learn from it. and someone said, oh, it is just politics. now, as we stand here today, a super- And the reason why I am alarmed by And it is a perfect example. And, Mr. majority of our constituents cannot this, thank God we are in a hurricane Speaker, I have said this time after even see us here on this floor rep- season, but I do not know what these time again. I have shared with the resenting them. And guess what? Other terrorists are thinking about. I really Members. We come to this floor. We Americans that now are sitting at do not. I do not know if they are going say we need an Independent Katrina home saying, oh, that is just a shame, to plan to hit a city in the Midwest or Commission to evaluate the local, or Members sitting in their office, that the east coast or the west coast. We State, and Federal response to these definitely know that we are not able to is a shame what happened in their dis- events, and folks said, oh, it is just pol- respond in a way that we are supposed trict, we are going to pray about it, we itics. Guess what? Now it is us. Now it to respond throughout the country no know prayer without works is dead. We is Congresswoman WASSERMAN matter where it is. know that, and we know that we have So it is important that we have this SCHULTZ. Now it is me. Now it is Con- to have action. And that is the reason Independent Katrina Commission that gressman LINCOLN DIAZ-BALART, Con- why we have it in our hearts and in our many papers throughout this country gressman MARIO DIAZ-BALART, Con- minds to do the right thing. But guess has endorsed. It is important that 81 gresswoman ROS-LEHTINEN, Congress- what is standing in front of it? Poli- percent of Americans have said that man FOLEY, Congressman SHAW, Con- tics; the politics of saying I have your they want an Independent Katrina gressman HASTINGS of Florida. Now it back, you do not have to worry about Commission. It is named Independent is us. Now it is Senator MARTINEZ. Now it. Katrina Commission because so many it is Senator NELSON. Now it is Florida. This majority over here in Congress issues happened during that event. And Who is next? is saying, do not worry, we are going to then we had Rita, and then we had And when are we going to be able to do a partisan commission. You do not Wilma, and no telling, we may have say, regardless of how it may look on have to worry about it. We are not something else. the Federal Emergency Management going to be critical of you, White But what happens when we get a Agency, the Department of Homeland House. White House, do not be critical dirty bomb? What happens when we Security, the White House, the Con- of us, and we will get through this have to evacuate a whole U.S. city and gress, individuals, we have to work this thing. Let us just ride it out. But some- we have to find not only housing, but out? That is why people sent us up how, some way, there is a constant re- shelter for folks? What happens when a here. They did not send us up here to minder of the disorganization of emer- local government sends out an SOS? be friends and hug and tell each other, gency management, and it starts from Obviously they are sending out an SOS ‘‘I have got your back if you have the Federal, and they will blame the in south Florida. I do not want us to be mine.’’ People sent us up here for us to State, or they will blame the local gov- too proud to beg, but if we need help, have their back. And unless we are ernment, and the local government will we need to say it. And if we are all col- willing to do that, then we might as blame the State, or the State will located with FEMA, and everyone is well just stay in our districts and say, blame the Federal. We are not into the talking to everyone, we cannot be con- call me when you want me to do some- blame game. We are getting down to cerned about this is my friend and I do thing. Somebody calls me from the how we can get a system that will not want to say anything about him, or back of the Chamber and says, this is work for all Americans. this is my brother and I do not want to the way you are supposed to vote. If Ms. WASSERMAN SCHULTZ. Mr. say anything about him. The bottom they are one of those kind of folks and Speaker, will the gentleman yield? line is it is not personal, it is just busi- they come and put their card in be- Mr. MEEK of Florida. I yield to the ness. cause someone else told them how to gentlewoman from Florida. And I had constituents that were told vote, and they say do not talk about Ms. WASSERMAN SCHULTZ. Mr. to be at Hadley Park in the middle of that because this is the message for the Speaker, the gentleman is so right, and

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00278 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23957 his comments have brought up so many This is for the model State in terms it was just so frustrating. This is what different things that I want to say. of preparation and the prepositioning people are talking about when they say But let us go back to what we have of hundreds of trucks to be able to be they do not feel their government is re- been talking about on this floor lo distributed as soon as the storm is sponsive to their needs, when they are these last few weeks. We have been over. frustrated beyond belief with the red talking about the three or four Cs that Mr. MEEK of Florida. And over 2,000 tape. are the real issue in this administra- FEMA employees there prior to the I mean, it is so simple. It is very dif- tion and in this government. We have storm. ficult to respond to natural disasters, been talking about corruption. We have Ms. WASSERMAN SCHULTZ. In ad- there is no question about that. We been talking about cronyism. We have vance of the storm, 2,000 FEMA em- lived through the chaos in the last few been talking about competence. I think ployees who were supposed to be ready days. But, come on, if you are going to what has happened in our community to be dispatched to get this stuff dis- hold yourself up as a competent model in the last few days just points arrows tributed. We had the Miami Beach dis- and you are going to say that you are in the direction of every one of those C tribution center supplied. Metro Zoo in the example to which all others should words. South Dade, no water, partial ice. be held, then you have to live up to Let us talk about competence. The Homestead Sports Complex, which is that example. Governor can say, golly gee, our goal near where the trucks were prepo- Before I turn it back over to the gen- was to get up and running and be ready sitioned, no supplies. None. I mean, in tleman, I just want to make sure we with all this water and ice and re- Homestead they did not have water or are not only talking about the one C, sponse and trucks and generators in 24 ice, and the trucks were right there to competence, we are talking about the hours, and we will just have to work a start with. The Orange Bowl was sup- cronyism too. little bit harder. Honestly, if they plied, but we had massive chaos in I was interested to come across an point to themselves as the model, if terms of the thousands of people that article today that talked about how FEMA points to Florida as the model, showed up to try to get access to that. Mr. Brown, ‘‘Brownie,’’ who was eject- and says that we are the most prepared We have Miami-Dade College North, ed because of his incompetence from State in terms of natural disasters, which is in the north part of the coun- FEMA, Secretary Chertoff, the Home- then they are owning up and saying, ‘‘I ty, no water, partial ice. Miami-Dade land Security Secretary, extended Mi- am competent.’’ We are competent. We College Kendall, which is more towards chael Brown’s contract for another 30 are ready to do the job. days. For what? I think if we traveled through South south Dade, partially supplied, mean- The gentleman is on the Committee Florida tonight and asked people on ing they did not have enough water or on Homeland Security. We had this the street, whom the gentleman and I ice for the people that showed up. And partisan, dependent committee asking have talked with, and asked them if let us keep in mind that what they the right questions, supposedly, or at they think their government is com- were distributing to people when they petent, I think the answer would be a were able to get it were six bottles of least that is what it was set up to do. resounding no, because these are some water and a bag of ice. I mean, that is How are they letting this happen? That of the things that our constituents are what people were able to take home is why we need an independent com- having to deal with tonight, that our while they are sitting in the dark with mission. If we had an independent com- families are having to deal with to- no ability to cool their food and keep it mission, this would not have happened night. the reality of getting hit by a fresh. because there would be some accountability. Category 3 storm and not having the b 2245 government respond to their needs is Our constituents want answers. I A.D. Barns Park, no supplies. that in Broward County there is no po- want to go home and make sure that Tamiami Park, no supplies. The Mall table water. The entire county is under FPL has the ability as much as they at 163rd Street, in both your and my a boil water order, which means that can humanly do to get those lights district, no supplies. And Landmark when I had to give my 2-year-old a bath turned on. They are telling our people Property, no water, partial ice. This is the other day, I could not pour water they are not going to be able to get the model State for natural disasters. over her head because the water could those lights turned on possibly until Let us talk about the IA, the grant- give her pinkeye. That is what I was November 22 at the earliest. cautioned about. We have to make sure ing of individual assistance or lack The other thing really disturbing that our children do not rinse their thereof. Why did the State of Florida, that I heard and read in the Governor toothbrushes with the water because it why did Governor Bush, not request and the State and FEMA’s comments can make them sick. automatic individual assistance for today was that they did not anticipate We have a myriad of issues. We have both the East Coast and the West the intensity of the storm and they water and ice and food needs. We have Coast? He asked for that assistance im- made a mistake in their calculations. people in high-rises who have had win- mediately in advance of the storm for The director of the State EOC, Emer- dows blown out. We have trucks that the West Coast, as if Wilma was going gency Operations Center, said today in have been lost. How could the trucks to hit a wall when she crossed over the the paper that they made a mistake in get lost? If they prepositioned them in West Coast and not cross over south- their calculations and did not account strategic portions of the State so as to east Florida too. for the size of our population in South ensure that they could be moved out I mean, it took literally until 7:30 Florida when calculating how much ice and sent to places that they know they last night with the gentleman talking and water was going to be needed. are going to be needed, how is it that to Secretary Paulison, me talking to We have the biggest media market in they could not find them and in some Secretary Paulison, who, by the way the State. There are more than 6 mil- cases still have not been able to find lives in my district and is a con- lion people, 7 million people that live them? stituent, and obviously knows the dev- in our three counties, if you count Today in Miami-Dade County, which astation, and he was in Washington, Palm Beach too? we both represent, although now I am and much to his wife’s dismay, he told Mr. MEEK of Florida. Mr. Speaker, told that Miami-Dade County does me. But we even have the acting direc- reclaiming my time, 3.8 million in both have drinkable water, except for Miami tor of FEMA living in our area, and of our counties. Beach, which I represent about half of, they still were not able to get indi- Mr. Speaker, I am going to tell you, these are the water and ice distribution vidual assistance granted. being a part of the solution is what we centers, Mr. Speaker, that we were sup- They literally went out on prelimi- do. We are a part of the solution, Mr. posed to be set up and fully equipped nary disaster assessments yesterday, Speaker, and I think it is important with water and ice. So let us peruse the as if you had to drive through a neigh- that even when it comes down to the availability of the supplies today. borhood to see the devastation. I mean, individual assistance, I mean, you just

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00279 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23958 CONGRESSIONAL RECORD—HOUSE October 26, 2005 had to turn on the television and see nyism and incompetence, I have a prob- think the first responders should be that there were over 800 homes dam- lem with that. I do not think I need to commended. They are the individuals aged in Florida. That would automati- be a Democrat or Republican to have a that do what they are supposed to do. cally allow the people of the State of problem with that. I just need to be an I think the FEMA folks on the ground Florida to be able to call FEMA for in- American taxpayer that has a big prob- are trying to do the best they can. dividual assistance. But, no, we lem with that. They were going out, trying to do watched the sun rise and set twice in How does this happen? It happens be- whatever they have to do to make it Florida. cause it bubbles up from the bottom to happen. Let us be happy for them, po- Ms. WASSERMAN SCHULTZ. Mr. the top, or I am going to say from the lice officers, National Guard. Speaker, if the gentleman will yield top it bubbles down from the top to the But, you know something? It comes further, let us not even let people be- bottom. If the President is doing it, it down to the management of making it lieve that now that individual assist- is okay for the department heads to do work. If you go to a Burger King or ance has been granted and that it is it; if the department heads can do it, McDonald’s, I am not picking on them, being supplied. They do not even have assistant secretaries can do it; if as- a fast food establishment, and things the registration sites set up now. sistant secretaries can do it, area re- are not moving the way it is supposed I was driving through the district gional coordinators can do if; if re- to be moving, I cannot be mad at the with the FEMA folks yesterday and gional coordinators can do it, it can go guy on fries. I have to be upset with people were coming up with their all the way down to the person that is the manager standing there with a tie houses crushed in saying, I have got to making the decision in FEMA to foot on looking important. Either you are have some help here. I have a baby. I drag or not, because they are okay. going to be a part of the solution or have a grandmother who needs medi- Because if you are going to preserve you are part of the problem. Appar- cine. When is FEMA coming? a Michael Brown in the Federal Emer- ently you have a management problem. The poor guy who I was riding with, gency Management Agency, then guess And that is what we have. Unfortu- he does not know what to tell people. who also is being preserved around nately, it is the response to cata- He said, ‘‘This is why we are doing this here? I mean, I cannot even imagine for strophic events or a possible terrorist assessment, ma’am. I understand we the folks not under the spotlight that attack. This is real stuff. So what we are going to try to get help to you as are being preserved and rewarded under are seeing here on the Floor, just like soon as possible.’’ this culture of corruption and cro- well were fighting not only on behalf of Now we are 72 hours out. Every day nyism. And I do not use this corruption the people of Louisiana, Texas, Mis- the Governor says it is going to get one and cronyism lightly, because there is sissippi, Alabama, but we are fighting day better. It does not feel that way. a big cloud over Washington, D.C. right on behalf of Americans about the fact Mr. MEEK of Florida. Mr. Speaker, now about outing CIA agents, and not that, guess what? We are not prepared. reclaiming my time, that is the only a mumbling word from the Congress And all of the paperwork and docu- way we are going to get better. We about it. Not a mumbling word. ments we have that say, oh, we are were calling directly to the FEMA di- I can tell you one thing: If there was ready. We have this plan here, and rector about this individual assistance. a Democrat in the White House and the when it is time, we are going to imple- You call the 800 number, and the folks Republican Congress, as it is right now, ment this plan. of Texas and Louisiana and Mississippi we would have to hold Members of Con- Guess what? Diddly-squat. Because and Alabama, I think they kind of gress back from the gates of the White people are not ready to do what they know about that FEMA 1–800 number. House, under this whole thing of outing need to do. What is the bad part about I am going to put it to you this way. a clandestine agent working to find out it is we have people covering for one We had to talk to the director. Obvi- more about weapons of mass destruc- another. Now, the President is going ously, I am going to tell you some- tion to harm this country. down there tomorrow, and I am glad thing, I am going to be the first one to So, I say to the Congresswoman, this the President is going down. He is tell you, when Michael Brown left, goes a lot deeper than just the regular going to fly around and he will take a well, he did not leave, he is still on, Potomac two-step that is going on in look at what happened and then he is and I want to talk about that, when Washington. It has gone to a whole going to go back to the Hurricane Cen- Michael Brown was removed, it is al- other level. ter and he is going to have a discussion most humorous, but it is sad, when he The reason why we were on him on with State and local folk. was moved from the director to what- individual assistance to get better, it is Okay. That is good. I am glad the ever job he has now, at the same pay because we are a part of trying to President is going. He should have been rate, okay, you are rewarded for not make FEMA right. We are a part of down there today, but I am glad he is doing your job under this whole culture trying to make our government work. going. of corruption and cronyism. Because I When we work and when we call and But I am going to tell you this: I told can tell you right now, folks know that when we plead with Members of Con- my people back home, and I told the if you were at the helm of the ship and gress and we talk to the department State folks, if you do not tell the Presi- you did not know what to do or how to heads and say, listen, grant individual dent the truth, then you are buying in do it and you did not have the creden- assistance. We already know we are eli- to cronyism. You cannot sit there and tials, that you were not only fired, but gible. Just do it so folks will know we go through the whole this is the script, you were fired yesterday; not, hey, you are responding. ‘‘Well, we are doing as- and I do not even want to talk about know something, you are doing a hor- sessments of the assessments, and I scripts as it relates to press con- rible job, but we are going to pay you haven’t heard back from the people ferences with the President and the at the same rate the day before we that went out in the field.’’ troops selected to speak at that press knew that you were not capable of Let me tell you, Mr. Speaker, thank conference. But I am going to tell you doing the job, and not only that, we are God for the National Guard. I talked to this right now: The business of I have going to extend you, because under this them. They said listen, anyone from got your back and you have my back whole thing of cronyism, this is what FEMA, who needs to do anything about and we are elected or appointed and we do. getting us more, we will fly you down, what have you, and you watch out for It will be okay if it was a private we will do whatever we have to do. You me, and if I end up getting removed company somewhere that decided to do could go up in a helicopter in 5 minutes from a location, I just want us to be that for a member of that company, be- and counts 800 homes and it is over. okay so I can get a 90 day contract or cause it was in their prerogative. It is But, no, this Congresswoman here can continue to go 6 months for doing their money, they make their own had to get in a car with a gentleman, a bad job. Those days are over. money. But when you are using the and I commended those frontline work- And, guess what? As it relates to the taxpayer’s money to commend cro- ers when I first started this hour. I 30-Something Working Group on this

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00280 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23959 side of the aisle, we are going to call it When there were issues with President and our opinion about the aftermath of the way it is. Bottom line: It is not Clinton or issues with President Car- Katrina and how disturbed we were, be- personal, it is just business. That is the ter, it was a democratic Congress that cause we said, and I remember using bottom line. We are not going to allow called them to the mat. Because we are these words: there but for the grace of this to happen. Americans, and that is our role con- God go I, and now we have. Now it has It is a shame, it is a real shame, that stitutionally in making sure that this happened to us. So it is our responsi- there is not an outrage, there is no out- country operates in a good way, be- bility. rage from this Congress, this Repub- cause we are the representatives of the Mr. Speaker, there are those on the lican Congress, Republican Senate, the people of this country. A Senator can Majority side of the aisle that will ac- White House, the fact that, you know be appointed, but if you are a Member cuse us of doing this on a nightly basis something, it is not working, we are of the House, you have to be elected, to be political and to be partisan. No. going to get it right. The Secretary of and we are elected by the people to It is the fact that particularly with Homeland Security went down and said what? Lead and have oversight. And if natural disasters, natural or manmade you all be patient. What is the prob- you are not willing to do that, and I disasters, you just know that at some lem. What is going on here? What are say this to the Majority side, I guar- point, especially where we live and in you crying about? Why are you upset? antee you, Democrats, Republicans, other parts of the country that are Oh, you were waiting for a day-and-a- Independents, white, black, veteran, more prone to natural disasters, you half for ice, or whatever the case may nonveteran, they want people to lead just know it is going to happen to you be, or were out there at 7 o’clock and and they are going to get it. And I am at some point. I have talked to con- we were supposed to be there at 12 and going to tell you right now, I would stituents, I have read constituents’ we did not show up until 7 o’clock? much rather see some correction take comments in the paper, that it is all I was at the 163rd Street location, got place in the very near future so that well and good that they come in and there at 10 o’clock. There is the ice lives are not lost and individuals are they do this review and this assess- trucks, pallets of them. Guess what? A not told one thing and it is another, ment, but it is only good if they learn few people there were frustrated be- turn right, I meant left. We do not something. cause they left after waiting 10 or 15 have time for that. We need account- One of the things, when I was at the hours for ice. And these are the victims ability. Broward Emergency Operations Center of Wilma. These are not the folks com- Ms. WASSERMAN SCHULTZ. Mr. yesterday, Tony Carper, the director, ing in here saying, hey, listen, I want Speaker, we absolutely need account- was talking about how they are trying to suck off the government because I ability. There are people’s lives at to find generators, both the big genera- understand you all have milk. No. stake here. We are not here to be par- tors that can help run the power grid They came down there for help. We tisan. while they are trying to get the power told them to come, and we were not I remember a few weeks ago when lines up and running again, and the there for them. And we had 2,000 FEMA Katrina hit and after Katrina hit, and small ones that people are going to people, let FEMA tell you, the Gov- you and I and the gentleman from Ohio need to run their facilities, and I asked ernor, oh, we have trucks, and trucks had been on this floor day after day, him, I said, why, if we knew this storm and trucks as far as the eye can see of week after week, and talking about was coming for so many days in ad- ice and water. No ice and water. They what the government’s response needed vance, why did we not get those in po- lost trucks in Broward County. I do not to be and should have been and what sition ahead of time? He said, because know how trucks can get lost. our process should have done, which is we do not have enough flexibility in Thank God for the National Guard. establish an independent Katrina com- our homeland security funding, be- They put helicopters in the air trying mission so that we could get some of cause we get a lot of money for ter- to find the trucks. This is serious busi- these things resolved. Because it is rorism, but they are not able to use ness. very nice that the President is going to that money to respond to natural dis- Let us just say it. If we have to evac- come down and land his helicopter or asters. Well, we are much more certain uate Washington, D.C., what is going fly Air Force One or whatever he is on a regular basis that we are going to to happen with the people of the Dis- going to do because the airports have get hit with natural disasters than we trict of Columbia? What is going to not been open so, hopefully, he is going are, God forbid, going to get hit by a happen to the people in Sioux City, to have a place to land. That is very manmade disaster. Iowa, if they say you have to clear that nice. I remember the movie ‘‘The Can- That is the kind of responsiveness town now? We are all going to be didate,’’ and Robert Redford’s char- that could have been fixed several standing around here saying, oh, my acter is running against another guy storms ago. I mean, we have our eighth goodness. What are we going to do? for the U.S. Senate, and there is a big storm in 15 months. How is it that that Because you know something? We fire, and his opponent flies the heli- was not fixed already? How is it that were not critical of our failures, and we copter down into the disaster area to we still have people sitting in the have to be critical of our failures so we survey the damage. And you know, the dark? How is it that we were denied in- can have better days in the future. whole thing is a fiery mess and the guy dividual assistance after Katrina in flies in, surveys the damage, and flies Florida, when you had people looking b 2300 out, looks important and impressive, through the roof at sky, both in Flor- It just does not get better. If you and that is great. But what help did he ida and in Louisiana, and then the very take it out of the refrigerator and it is provide to the people who were there? next time that we get hit by a storm, sour, you put it back in and say maybe Did he grab a hose and start spraying? we have to fight to get individual as- it will be fresh tomorrow. It just is not I am glad that the President is com- sistance granted when all you have to going to happen, and it does not make ing because he is the symbol of the do is walk out your front door or turn sense, doing the same thing expecting United States of America, and there is on the television and you can see 100 or different results. It is beyond partisan- one person in this country who every- 800 homes damaged, severely damaged. ship. It comes down to leadership. one looks to, but it is only helpful if, Do they not care? I mean, have they no I will say this to the majority: if you when he sits down at the hurricane shame? Have they no heart? are not willing to lead, the American center and goes through that briefing, It feels like that. It feels like they people will allow individuals that are it is only helpful if he learns some- are up on high in the White House and willing to lead and are willing to call thing, if the Federal Government and Capitol Hill and it is not me, it is in, even if it is the same party in the the administration learn something them. They are 1,100 miles from here White House, the party that is in con- and change it for the next time. Be- and: my roof is not caving in, so I am trol of the White House or in control of cause we were on this floor weeks ago okay. And I have money, I have water, this Congress, and it has been proven. offering our advice and our suggestions I have ice, my kids are not going to get

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00281 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23960 CONGRESSIONAL RECORD—HOUSE October 26, 2005 pink eye when I give them a bath and ardy, and we have lost someone who to make sure that you are okay and run water over their heads. I just, I do had the opportunity to go to the other you look good, because we are friends, not understand. I do not understand side where many of our intelligence of- and what time are we going to play why we had to spend the last 72 hours ficers could not go to find out where or golf? We are not going to participate in pounding on people, pounding on this how individuals possessed weapons of turning our backs on those victims of government to get our folks some help. mass destruction to what? To protect Katrina and storms after Katrina who It is just inexcusable. It is incom- our country, and someone thought be- are counting on some assessment, true petence. It is corruption, it is a crisis. cause of politics, that they should out assessment, an independent assessment We are going to have a whole collec- her. Okay? It would be okay, Congress- of what took place so it would never tion, a whole necklace full of seeds by woman, but guess what? It is not. happen again. The fact that water, ice, the time we are done with this year. We have one of the highest deficits in and food cannot be distributed in Flor- God forbid. I hope that somebody de- the history of the republic as we stand ida right now or is spottily distributed cides to read the book, ‘‘Everything I here in the 109th Congress. We have an in Florida right now, and yes, I am Needed to Know I Learned in Kinder- emergency management agency/home- pretty sure things are getting better garten’’ and start remembering that we land security agency that cannot per- before they get worse, but I am going need to care about each other and that form in the way that it is supposed to to tell you, if we cannot do that, then we need to be responsive and put par- perform, let alone the public assistance how in the world can we sit here with tisan politics aside. It is not about the that is supposed to go to local govern- a straight face and say, well, the White next election; it is about taking care of ments after these disasters to be able House is doing a review of what went each other. to replenish their dollars so that they wrong with Katrina so that we can cor- Mr. MEEK of Florida. Congress- can provide for who? The people that rect the future, when it is not even woman, the issue is the fact that if we represent and the Americans that stated on their website of who is on folks would say, well, why are the are counting on us to respond in their this committee or what is going to Democrats not doing something? They time of need, let alone the fact that happen with the findings, or where are may well, I do not know, maybe they goodness, we cannot even get water we going to go from there? And in the are saying what they should be doing and ice right and food. If we cannot get House, we have a partisan committee and they are not doing. Guess what? I that right, then how can we count on, that is calling folks up, that is sup- just want to remind the Members just if we are under the gun of a terrorist posed to put together a report by Feb- in case, Mr. Speaker, someone bumped attacks, and we do not know what area ruary, Congresswoman. So I guess we their head and has a little amnesia is safe, can we breath the air, can you are supposed to take that and say, we going on, the Republican-controlled drink the water, when is the next at- have it right now. Oh, I am sorry, I go Senate, Republican-controlled House, a tack taking place, at least we have an back to my example. My name is majority, okay? A Republican-con- opportunity with a natural disaster to KENDRICK MEEK and I know we had trolled White House. That is legislative say, we can see a storm coming, we can some missteps and I have done possibly and executive branch, all right? They prepare for it as best we can, and say something wrong or something, but are in control of this government. this is what we need to do and folks get maybe I need to, I will tell you what, I The bottom line is in the minority, in place. You get a terrorist attack, am going to do a review of myself and as it relates to the rules, they cannot you do not get a warning. The terrorist I will be back and I will give you a re- agenda bills here on the Floor, they did not call you up and say hey, guess port of where I went wrong. It is just cannot call committee meetings. They what? We are going to carry out a ter- not going to happen. And even on the cannot even get votes to take place rorist attack in maybe another month other side of the building here, they here on this floor, and within the time so we want to make sure you guys are are having some sort of evaluation of that it is supposed to take place, espe- ready. what took place. We need an inde- cially when the majority is not on the So unless we scrutinize our system pendent Katrina commission. prevailing side, because it is bad policy that we have now, it will not be better Congresswoman, I just want to share that they are passing. All we can do is and we will not be prepared. That is far this. USA Today said we need an inde- make sure that not only the Members beyond politics. And it should be far pendent commission. Let me put my know exactly what they are doing, not beyond cronyism. And you would say, little chart up here, right here. These only fight them in committee as it reas much as we talk about cronyism major papers throughout the country, lates to amendments to try to make which is, in reality, we do not need to and these are just the major ones. I am bills better and shame the majority paint a picture there; just open your not talking about the small paper that into accepting those amendments so local paper. Just turn on the tele- said it is the right thing to do. The that the bill and the legislation could vision. It is covered with corruption News Observer in North Carolina; the be better, or we can have better over- and cronyism. I mean I do not even Capital Times, Madison, Wisconsin; the sight over Federal agencies to make need to waste time on that. I just need Atlanta Constitutional Journal; the sure what? That the American people to say that for us to get better, either Courier Journal, Louisville, Kentucky; get their taxpayer dollars’ worth of ac- the majority is going to say, you know St. Petersburg Times in Florida; Salt countability out of those Federal agen- something, we are going to do what we Lake Tribune in Utah; Denver Post in cies, and even sometimes out of indi- are supposed to do, even if it embar- Colorado; the San Antonio Express viduals that are within the Federal rasses some of our friends in and out- News, that is in Texas; Houston Chron- Government. side of our party, because this is what icle, they have all said, and that is just So when that does not happen, we are we have to do. And that is not hap- to name a few, that we need an inde- at the point that we are now: a brick pening right now. pendent Katrina commission to evalu- wall. A brick wall of just saying, listen, We have a committee right now, a ate what went wrong and how it went I am in the majority, and guess what? partisan committee that has been cre- wrong so that we can be better. Live with it. It is not personal, it is ated, more Republicans than Demo- just business. And believe it or not, it crats, that is are supposed to be as- b 2315 would be okay if things were properly signed to the committee. I am glad the They are not saying, well, we need to managed in the Federal Government. It democratic leader and other folks here do it so we cam figure out who was would be okay if we did not have White on this side of the aisle have said, you wrong. No, we need to have an inde- House folks outing, or rumors of well, know something? We are not going to pendent Katrina Commission so they the Vice President told his chief of participate in Operation I Have Your can put together a report and so that staff who the agent was, the CIA agent Back, You Have Mine. We are not going we can correct our wrongs. was, and somehow it got out to a re- to participate in, you know something? Unless we are willing to do that, be- porter, and then now her life is in jeop- We have lunch together and I am going cause I guarantee you right now, it is

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00282 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23961

not going to happen under normal cir- Mrs. SCHMIDT, for 5 minutes, today. Intelligence, transmitting a report pursuant cumstances. Mr. MCHENRY, for 5 minutes, Novem- to the Federal Vacancies Reform Act of 1998; I think we must, on behalf of Ameri- ber 2. to the Committee on Government Reform. 4771. A letter from the Executive Sec- cans not only our constituents that are f retary/Chief of Staff, U.S. Agency for Eco- Americans too, continue to push and nomic Development, transmitting a report fight and get in the face of folks who SENATE BILL REFERRED pursuant to the Federal Vacancies Reform are supposed to be doing the right A bill of the Senate of the following Act of 1998; to the Committee on Govern- thing and allowing an independent title was taken from the Speaker’s ment Reform. commission to come about so that we table and, under the rule, referred as 4772. A letter from the Executive Sec- can have this kind of change that is retary/Chief of Staff, U.S. Agency for Inter- follows: national Development, transmitting a report needed in our country, so that we can S. 443. An act to improve the investigation pursuant to the Federal Vacancies Reform have a better America and a safer of criminal antitrust offenses; to the Com- Act of 1998; to the Committee on Govern- America. mittee on the Judiciary. ment Reform. Ms. WASSERMAN SCHULTZ. Mr. f 4773. A letter from the Executive Sec- Speaker, if I can close us out by saying retary/Chief of Staff, U.S. Agency for Inter- that their priorities are wrong. It is ADJOURNMENT national Development, transmitting a report not an independent Katrina Commis- Mr. MEEK of Florida. Mr. Speaker, I pursuant to the Federal Vacancies Reform Act of 1998; to the Committee on Govern- sion; it is Katrina, Wilma, Rita. We move that the House do now adjourn. ment Reform. have got to do better. The motion was agreed to; accord- 4774. A letter from the Acting Director, Of- Mr. MEEK of Florida. Mr. Speaker, I ingly (at 11 o’clock and 16 minutes fice of Sustainable Fisheries, NMFS, Na- want to let you know that we did not p.m.) the House adjourned until tomor- tional Oceanic and Atmoshperic Administra- try to pass the time. But we want to row, Thursday, October 27, 2005, at 10 tion, transmitting the Administration’s final thank the Democratic leader and a.m. rule—Fisheries of the Exclusive Economic thank you for your indulgence here. Zone Off Alaska; Pollock in Statistical Area f 620 of the Gulf of Alaska [Docket No. f EXECUTIVE COMMUNICATIONS, 041126333-5040-02; I.D. 091505B] received Octo- LEAVE OF ABSENCE ETC. ber 19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. By unanimous consent, leave of ab- Under clause 8 of rule XII, executive 4775. A letter from the Acting Director, Of- sence was granted to: communications were taken from the fice of Sustainable Fisheries, NMFS, Na- Mr. BISHOP of Georgia (at the request Speaker’s table and referred as follows: tional Oceanic and Atmospheric Administra- tion, transmitting the Administration’s final of Ms. PELOSI) for today on account of 4763. A letter from the Acting Assistant a death in the family. rule—Fisheries of the Exclusive Economic Secretary for Legislative Affairs, Depart- Zone Off Alaska; Pollock in Statistical Area Mr. MEEK of Florida (at the request ment of State, transmitting a Memorandum 630 of the Gulf of Alaska [Docket No. of Ms. PELOSI) for today before 4:40 of Justification for drawdown under sections 041126333-5040-02; I.D. 090605F] received Sep- p.m. 552(c)(2) of the Foreign Assistance Act to au- tember 19, 2005, pursuant to 5 U.S.C. Ms. WASSERMAN SCHULTZ (at the re- thorize Department of Defense commodities 801(a)(1)(A); to the Committee on Resources. quest of Ms. PELOSI) for today before and services as part of the mission to sup- 4776. A letter from the Office of Protected 1:30 p.m. port the deployment of AU forces to Darfur, Resources, National Oceanic and Atmos- Sudan; to the Committee on International Mr. FOLEY (at the request of Mr. pheric Administration, transmitting the Ad- Relations. ministration’s final rule—Sea Turtle Con- BLUNT) for today and the balance of the 4764. A letter from the Acting Assistant servation; Excemptions to Taking Prohibi- week on account of assessing damage Secretary for Legislative Affairs, Depart- tions for Endangered Sea Trutles [Docket from Hurricane Wilma. ment of State, transmitting pursuant to sec- No. 050224044-5185-02; I.D. 092304A] received f tion 36(c) of the Arms Export Control Act, October 7, 2005, pursuant to 5 U.S.C. certification regarding the proposed license 801(a)(1)(A); to the Committee on Resources. SPECIAL ORDERS GRANTED for the export of defense articles and services 4777. A letter from the Acting Director, Of- By unanimous consent, permission to to the Government of Canada (Transmittal fice of Sustainable Fisheries, NMFS, Na- address the House, following the legis- No. DDTC 031-05); to the Committee on Inter- tional Oceanic and Atmospheric Administra- national Relations. lative program and any special orders tion, transmitting the Administration’s final 4765. A letter from the White House Liai- rule—Fisheries of the Exclusive Economic heretofore entered, was granted to: son, Department of Justice, transmitting a Zone Off Alaska; Pelagic Shelf Rockfish in (The following Members (at the re- report pursuant to the Federal Vacancies Re- the West Yakutat District of the Gulf of quest of Mr. DEFAZIO) to revise and ex- form Act of 1998; to the Committee on Gov- Alaska [Docket No. 041126333-5040-02; I.D. tend their remarks and include extra- ernment Reform. 080305A] received August 23, 2005, pursuant to neous material:) 4766. A letter from the Acting Assistant 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. GEORGE MILLER of California, for Secretary for Legislative Affairs, Depart- Resources. 5 minutes, today. ment of State, transmitting the Depart- 4778. A letter from the Acting Director, Of- ment’s Annual Report for 2005 on the Imple- fice of Sustainable Fisheries, NMFS, Na- Mr. DEFAZIO, for 5 minutes, today. mentation of the Federal Financial Assist- tional Oceanic and Atmospheric Administra- Ms. CARSON, for 5 minutes, today. ance Management Improvement Act of 1999, tion, transmitting the Administration’s final Ms. WOOLSEY, for 5 minutes, today. pursuant to Public Law 106–107, section 5 (113 rule—Magnuson-Stevens Fishery Conserva- Mr. EMANUEL, for 5 minutes, today. Stat. 1488); to the Committee on Government tion and Management Act Provisions; Fish- Mr. RYAN of Ohio, for 5 minutes, Reform. eries of the Northeastern United States; today. 4767. A letter from the Deputy General Northeast Multispecies Fishery; Prohibition Ms. CORRINE BROWN of Florida, for 5 Counsel, Executive Office of the President, of the use of Regular B Days-at-Sea in the minutes, today. transmitting a report pursuant to the Fed- Georges Bank Cod Stock Area [Docket No. eral Vacancies Reform Act of 1998; to the 040804229-4300-02; I.D. 071305B] received Au- Mr. DOGGETT, for 5 minutes, today. Committee on Government Reform. gust 2, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Ms. WATERS, for 5 minutes, today. 4768. A letter from the Deputy General to the Committee on Resources. (The following Members (at the re- Counsel, Executive Office of the President, 4779. A letter from the Acting Director, Of- quest of Mr. GINGREY) to revise and ex- transmitting a report pursuant to the Fed- fice of Sustainable Fisheries, NMFS, Na- tend their remarks and include extra- eral Vacancies Reform Act of 1998; to the tional Oceanic and Atmospheric Administra- neous material:) Committee on Government Reform. tion, transmitting the Administration’s final Mr. HENSARLING, for 5 minutes, 4769. A letter from the Assistant General rule—Fisheries of the Exclusive Economic today. Counsel, Office of the Director of National Zone Off Alaska; Pacific Ocean Perch in the Intelligence, transmitting a report pursuant Western Aleutian Disrict of Bering Sea and Mr. GUTKNECHT, for 5 minutes, No- to the Federal Vacancies Reform Act of 1998; Aleutian Islands Management Area [Docket vember 2. to the Committee on Government Reform. No. 041126332-5039-02; I.D. 071805A] received Mr. HAYES, for 5 minutes, November 4770. A letter from the Assistant General August 2, 2005, pursuant to 5 U.S.C. 2. Counsel, Office of the Director of National 801(a)(1)(A); to the Committee on Resources.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00283 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23962 CONGRESSIONAL RECORD—HOUSE October 26, 2005 4780. A letter from the Depty Assistant to 5 U.S.C. 801(a)(1)(A); to the Committee on 2005-22540; Directorate Identifier 2004-NM-137- Adminstrator for Regulatory Programs, Transportation and Infrastructure. AD; Amendment 39-14301; AD 2005-20-08] (RIN: NMFS, National Oceanic and Atmospheric 4788. A letter from the Program Analyst, 2120-AA64) received October 6, 2005, pursuant Administration, transmitting the Adminis- FAA, Department of Transportation, trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on tration’s final rule—Magnuson-Stevens Fish- mitting the Department’s final rule—Air- Transportation and Infrastructure. ery Conservation and Management Act Pro- worthiness Directives; Airbus Model A330-200 4796. A letter from the Program Analyst, visions; Fisheries of the Northeastern United Series Airplanes [Docket No. FAA-2005-22483; FAA, Department of Transportation, trans- States; Northeast Multispecies Fishery; Directorate Identifier 2004-NM-236-AD; mitting the Department’s final rule—Air- Framework Adjustment 41 [Docket No. Amendment 39-14292; AD 2005-19-27] (RIN: worthiness Directives; Airbus Model A300 B2 050630174-5234-02; I.D. 062005B-X] (RIN: 0648- 2120-AA64) received October 6, 2005, pursuant and A300 B4 Series Airplanes; Model A300 B4- AT08) received September 19, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on 600, B4-600R and F4-600R Series Airplanes, to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. and Model A300 C4-605R Variant F Airplanes Resources. 4789. A letter from the Program Analyst, (Collectively Called A300-600 Series Air- 4781. A letter from the Program Analyst, FAA, Department of Transportation, trans- planes); and Model A310-200 and -300 Series FAA, Department of Transportation, transmitting the Department’s final rule—Air- Airplanes [Docket No. FAA-2005-20796; Direc- mitting the Department’s final rule—Air- worthiness Directives; BAE Systems (Oper- torate Identifier 2004-NM-160-AD; Amend- worthiness Directives; Various Transport ations) Limited Model ATP Airplanes and ment 39-14299; AD 2005-20-06] (RIN: 2120-AA64) Category Airplanes Manufactured by McDon- Model HS 748 Airplanes [Docket No FAA- received October 6, 2005, pursuant to 5 U.S.C. nell Douglas [Docket No. FAA-2005-20881; Di- 2005-22482; Directorate Identifier 2003-NM-009- 801(a)(1)(A); to the Committee on Transpor- rectorate Identifier 2004-NM-253-AD; Amend- AD; Amendment 39-14291; AD 2005-19-26] (RIN: tation and Infrastructure. ment 39-14302; AD 2003-17-07 R1] (RIN: 2120- 2120-AA64) received October 6, 2005, pursuant 4797. A letter from the Program Analyst, AA64) received October 6, 2005, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. mitting the Department’s final rule—Air- Transportation and Infrastructure. 4790. A letter from the Program Analyst, worthiness Directives; Boeing Model 767-200 4782. A letter from the Program Analyst, FAA, Department of Transportation, trans- and 767-300 Series Airplanes [Docket No. FAA, Department of Transportation, transmitting the Department’s final rule—Air- FAA-2005-21170; Directorate Identifier 2002- mitting the Department’s final rule—Sec- worthiness Directives; Boeing Model 737-100, NM-124-AD; Amendment 39-14298; AD 2005-20- ond-in-Command Pilot Type Rating [Docket -200, -200C, -300, -400, and -500 Series Air- 05] (RIN: 2120-AA64) received October 6, 2005, No. FAA-2004-19630; Amendment No. 61-108] planes [Docket No. FAA-2005-20657; Direc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 2120-AI38) received September 23, 2005, torate Identifier 2004-NM-39-AD; Amendment mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 39-14290; AD 2005-19-25] (RIN: 2120-AA64) re- ture. mittee on Transportation and Infrastruc- ceived October 6, 2005, pursuant to 5 U.S.C. 4798. A letter from the Program Analyst, ture. 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- 4783. A letter from the Program Analyst, tation and Infrastructure. mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- 4791. A letter from the Program Analyst, worthiness Directives; Boeing Model 747-100, mitting the Department’s final rule—Modi- FAA, Department of Transportation, trans- 747-100B, 747-100B SUD, 747-200B, 747-200C, 747- fication of Class D and Class E Airspace; Sa- mitting the Department’s final rule—Air- 200F, 747-300, 747SR, and 747SP Series Air- lina Municipal Airport, KS. [Docket No. worthiness Directives; Boeing Model 707 Air- planes [Docket No. FAA-2005-22413; Direc- FAA-2005-21873; Airspace Docket No. 05-ACE- planes, and Boeing Model 720 and 720B Series torate Identifier 2005-NM-167-AD; Amend- 27] received September 23, 2005, pursuant to 5 Airplanes [Docket No. FAA-2005-20785; Direc- ment 39-14271; AD 2005-19-06] (RIN: 2120-AA64) U.S.C. 801(a)(1)(A); to the Committee on torate Identifier 2005-NM-002-AD; Amend- received October 6, 2005, pursuant to 5 U.S.C. Transportation and Infrastructure. ment 39-14295; AD 2005-20-02] (RIN: 2120-AA64) 801(a)(1)(A); to the Committee on Transpor- 4784. A letter from the Program Analyst, received October 6, 2005, pursuant to 5 U.S.C. tation and Infrastructure. FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- 4799. A letter from the Program Analyst, mitting the Department’s final rule—Air- tation and Infrastructure. FAA, Department of Transportation, trans- worthiness Directives; Airbus Model A330- 4792. A letter from the Program Analyst, mitting the Department’s final rule—Air- 322, -341, and -342 Airplanes; and Airbus FAA, Department of Transportation, trans- worthiness Directives; Airbus Model A340-200 Model A340-200 and -300 Series Airplanes mitting the Department’s final rule—Air- and -300 Series Airplanes [Docket No. FAA- [Docket No. FAA-2005-22486; Directorate worthiness Directives; Boeing Model 737-100, 2005-22405; Directorate Identifier 2002-NM-243- Identifier 2004-NM-219-AD; Amendment 39- -200, -200C, -300, -400, and -500 Series Air- AD; Amendment 39-14269; AD 2005-19-04] (RIN: 14287; AD 2005-19-22] (RIN: 2120-AA64) received planes [Docket No. FAA-2005-18788; Direc- 2120-AA64) received October 6, 2005, pursuant October 6, 2005, pursuant to 5 U.S.C. torate Identifier 2003-NM-203-AD; Amend- to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- ment 39-14296; AD 2005-20-03] (RIN: 2120-AA64) Transportation and Infrastructure. tation and Infrastructure. received October 6, 2005, pursuant to 5 U.S.C. 4800. A letter from the Program Analyst, 4785. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- tation and Infrastructure. mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- 4793. A letter from the Program Analyst, worthiness Directives; Aerospatiale Model worthiness Directives; Airbus Model A330- FAA, Department of Transportation, trans- ATR42-500 Airplanes [Docket No. FAA-2005- 202, -223, -243, and -343 Airplanes; and Model mitting the Department’s final rule—Air- 22406; Directorate Identifier 2002-NM-242-AD; A340-313 Airplanes [Docket No. FAA-2005- worthiness Directives; Boeing Model 737-100, Amendment 39-14270; AD 2005-19-05] (RIN: 22484; Directorate Identifier 2003-NM-270-AD; -200, -200C, -300, -400, and -500 Series Air- 2120-AA64) received October 6, 2005, pursuant Amendment 39-14286; AD 2005-19-21] (RIN: planes [Docket No. FAA-2005-20356; Direc- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2120-AA64) received October 6, 2005, pursuant torate Identifier 2004-NM-115-AD; Amend- Transportation and Infrastructure. to 5 U.S.C. 801(a)(1)(A); to the Committee on ment 39-14294; AD 2005-20-01] (RIN: 2120-AA64) 4801. A letter from the Program Analyst, Transportation and Infrastructure. received October 6, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 4786. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- tation and Infrastructure. worthiness Directives; BAE Systems (Oper- mitting the Department’s final rule—Air- 4794. A letter from the Program Analyst, ations) Limited Model ATP Airplanes [Dock- worthiness Directives; Boeing Model 767- 200, FAA, Department of Transportation, trans- et No. FAA-2005-22404; Directorate Identifier -300, and -300F Series Airplanes Powered by mitting the Department’s final rule—Air- 2005-NM-018-AD; Amendment 39-14268; AD General Electric or Pratt & Whitney Engines worthiness Directives; Teledyne Continental 2005-19-03] (RIN: 2120-AA64) received October [Docket No. FAA-2005-21355; Directorate Motors GTSIO-520 Series Reciprocating En- 6, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Identifier 2005-NM-037-AD; Amendment 39- gines [Docket No. FAA-2005-20850; Direc- the Committee on Transportation and Infra- 14288; AD 2005-19-23] (RIN: 2120-AA64) received torate Identifier 2005-NE-05-AD; Amendment structure. October 6, 2005, pursuant to 5 U.S.C. 39-14297; AD 2005-20-04] (RIN: 2120-AA64) re- 4802. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- ceived October 6, 2005, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- tation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- 4787. A letter from the Program Analyst, tation and Infrastructure. worthiness Directives; Airbus Model A330- FAA, Department of Transportation, trans- 4795. A letter from the Program Analyst, 301, -321, -322, -341, and -342 Airplanes; and mitting the Department’s final rule—Air- FAA, Department of Transportation, trans- Model A340-200 and A340-300 Series Airplanes worthiness Directives; Boeing Model 727 Se- mitting the Department’s final rule—Air- [Docket No. FAA-2005-22485; Directorate ries Airplanes [Docket No. 2002-NM-66-AD; worthiness Directives; Airbus Model A330-200 Identifier 2001-NM-337-AD; Amendment 39- Amendment 39-14289; AD 2005-19-24] (RIN: and -300 Series Airplanes; and Model A340-200 14293; AD 2005-19-28] (RIN: 2120-AA64) received 2120-AA64) received October 6, 2005, pursuant and -300 Series Airplanes [Docket No. FAA- October 6, 2005, pursuant to 5 U.S.C.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00284 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23963

801(a)(1)(A); to the Committee on Transpor- CLEAVER, Mr. CLYBURN, Mr. CUM- other purposes; to the Committee on Agri- tation and Infrastructure. MINGS, Mr. DAVIS of Alabama, Mr. culture. 4803. A letter from the Program Analyst, FATTAH, Mr. FORD, Mr. AL GREEN of By Mr. INSLEE (for himself, Mr. FAA, Department of Transportation, trans- Texas, Mr. HASTINGS of Florida, Ms. REICHERT, Mr. SMITH of Washington, mitting the Department’s final rule—Air- JACKSON-LEE of Texas, Mr. JEFFER- Ms. DELAURO, Mr. DICKS, Mr. GOR- worthiness Directives; Airbus Model A330-300 SON, Ms. EDDIE BERNICE JOHNSON of DON, Mr. HASTINGS of Washington, Series Airplanes [Docket No. FAA-2005-22539; Texas, Mrs. JONES of Ohio, Mr. LEWIS Miss MCMORRIS, Mr. FORD, Mr. VAN Directorate Identifier 2004-NM-08-AD; of Georgia, Ms. MCKINNEY, Mr. MEEK HOLLEN, Mr. LARSON of Connecticut, Amendment 39-14300; AD 2005-20-07] (RIN: of Florida, Mr. MEEKS of New York, Mr. PETERSON of Minnesota, Mr. 2120-AA64) received October 6, 2005, pursuant Ms. MILLENDER-MCDONALD, Ms. SANDERS, and Mr. LARSEN of Wash- to 5 U.S.C. 801(a)(1)(A); to the Committee on MOORE of Wisconsin, Ms. NORTON, Mr. ington): Transportation and Infrastructure. OWENS, Mr. PAYNE, Mr. RANGEL, Mr. H.R. 4150. A bill to amend title XXI of the 4804. A letter from the Program Analyst, RUSH, Mr. SCOTT of Georgia, Mr. Social Security Act to permit qualifying FAA, Department of Transportation, trans- SCOTT of Virginia, Mr. THOMPSON of States to use a portion of their allotments mitting the Department’s final rule—Air- Mississippi, Mr. TOWNS, Ms. CORRINE under the State children’s health insurance worthiness Directives; Airbus Model A330- BROWN of Florida, Ms. WATSON, Mr. program for any fiscal year for certain Med- 243, -341, -342, and -343 Airplanes [Docket No. WYNN, Mr. LYNCH, Mr. LEVIN, Mr. icaid expenditures; to the Committee on En- FAA-2005-22563; Directorate Identifier 2004- THOMPSON of California, Mrs. TAU- ergy and Commerce. NM-177-AD; Amendment 39-14304; AD 2005-20- SCHER, Mr. STARK, Mr. EVANS, Mr. By Mr. LEWIS of Kentucky (for him- 10] (RIN: 2120-AA64) received October 6, 2005, ISRAEL, Mr. BOYD, Mr. HONDA, Mr. self, Mr. ROGERS of Kentucky, Mr. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- MCGOVERN, Mrs. MCCARTHY, Mr. CHANDLER, Mr. WHITFIELD, and Mr. mittee on Transportation and Infrastruc- NADLER, Mr. KUCINICH, Mr. BERMAN, DAVIS of Kentucky): ture. Mrs. NAPOLITANO, Mr. HOYER, Mr. H.R. 4151. A bill to amend the Internal Rev- 4805. A letter from the Program Analyst, WAXMAN, Mrs. LOWEY, Ms. SCHAKOW- enue Code of 1986 to provide for the tax FAA, Department of Transportation, trans- SKY, Mr. MENENDEZ, Mr. DOYLE, Mr. treatment of horses, and for other purposes; mitting the Department’s final rule—Air- EMANUEL, Mrs. DAVIS of California, to the Committee on Ways and Means, and in worthiness Directives; BAE Systems (Oper- Mr. DINGELL, Mr. RYAN of Ohio, Mr. addition to the Committee on Agriculture, ations) Limited Model ATP Airplanes [Dock- KENNEDY of Rhode Island, Mrs. MALO- for a period to be subsequently determined et No. FAA-2005-22562; Directorate Identifier NEY, Mr. ACKERMAN, Ms. LINDA T. by the Speaker, in each case for consider- ´ 2004-NM-60-AD; Amendment 39-14303; AD SANCHEZ of California, Mr. MCNULTY, ation of such provisions as fall within the ju- 2005-20-09] (RIN: 2120-AA64) received October Mr. VISCLOSKY, Mr. COSTELLO, Mr. risdiction of the committee concerned. 6, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to GUTIERREZ, Mr. ROTHMAN, Mr. DELA- By Mr. MCGOVERN (for himself, Mr. the Committee on Transportation and Infra- HUNT, Mr. ABERCROMBIE, Ms. MCCOL- FRANK of Massachusetts, Mr. OLVER, structure. LUM of Minnesota, Ms. DELAURO, Mr. Mr. MEEHAN, Mr. MARKEY, Mr. DELA- 4806. A letter from the Program Analyst, ROSS, and Mr. MEEHAN): HUNT, Mr. CAPUANO, Mr. NEAL of Mas- FAA, Department of Transportation, trans- H.R. 4145. A bill to direct the Architect of sachusetts, Mr. TIERNEY, and Mr. mitting the Department’s final rule—IFR Al- the Capitol to obtain a statue of Rosa Parks LYNCH): titudes; Miscellaneous Amendments [Docket and to place the statue in the United States H.R. 4152. A bill to designate the facility of No. 30453; Amdt. No. 456] received September Capitol in National Statuary Hall; to the the United States Postal Service located at 23, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to Committee on House Administration. 320 High Street in Clinton, Massachusetts, as the Committee on Transportation and Infra- By Mr. BAKER (for himself and Ms. the ‘‘Raymond J. Salmon Post Office’’; to structure. WASSERMAN SCHULTZ): the Committee on Government Reform. H.R. 4146. A bill to facilitate recovery from f By Mr. STEARNS: the effects of Hurricane Rita and Hurricane REPORTS OF COMMITTEES ON Wilma by providing greater flexibility for, H.R. 4153. A bill to amend title XIX of the PUBLIC BILLS AND RESOLUTIONS and temporary waivers of certain require- Social Security Act to permit Medicaid beneficiaries the choice of self-directed per- Under clause 2 of rule XIII, reports of ments and fees imposed on, depository institutions, credit unions, and Federal regu- sonal assistance services through a cash and committees were delivered to the Clerk latory agencies, and for other purposes; to counseling program under the Medicaid Pro- for printing and reference to the proper the Committee on Financial Services. gram; to the Committee on Energy and Com- calendar, as follows: By Ms. BORDALLO (for herself, Mr. merce. By Mr. UDALL of New Mexico: Mr. BONILLA: Committee of Conference. MANZULLO, Ms. VELA´ ZQUEZ, Mr. Conference report on H.R. 2744. A bill mak- ABERCROMBIE, Mr. BURTON of Indiana, H.R. 4154. A bill to require the Consumer ing appropriations for Agriculture, Rural De- Mrs. CHRISTENSEN, Mr. FALEOMA- Product Safety Commission to issue safety velopment, Food and Drug Administration, VAEGA, and Mr. FARR): standards for lead-containing dishware; to and Related Agencies for the fiscal year end- H.R. 4147. A bill to amend the Immigration the Committee on Energy and Commerce. ing September 30, 2006, and for other pur- and Nationality Act to increase the period of By Mr. DAVIS of Florida (for himself, poses. (Rept. 109–255). Ordered to be printed. authorized stay under the Guam visa waiver Mr. KING of New York, Ms. ROS- program to be the same as the period of au- LEHTINEN, Mr. ACKERMAN, Mr. LAN- f thorized stay under the United States visa TOS, Mr. SMITH of New Jersey, Mr. PUBLIC BILLS AND RESOLUTIONS waiver program; to the Committee on the BURTON of Indiana, Mr. BERMAN, Mr. ENGEL, Mr. WEXLER, Mr. DELAHUNT, Under clause 2 of rule XII, public Judiciary. By Mr. CONYERS (for himself, Mr. Mr. BROWN of Ohio, Mrs. JO ANN bills and resolutions were introduced EMANUEL, Mr. DEFAZIO, Mr. GRIJAL- DAVIS of Virginia, Mr. MEEKS of New and severally referred, as follows: VA, Mr. HINCHEY, Ms. KILPATRICK of York, Mr. TANCREDO, Mr. CROWLEY, By Mr. ENGLISH of Pennsylvania (for Michigan, Mr. SERRANO, Mr. Ms. WATSON, Ms. BERKLEY, Mr. CHAN- himself, Mr. HOLDEN, Ms. HART, and MCDERMOTT, Mrs. MALONEY, and Mr. DLER, Mr. SHAYS, Mr. SAXTON, Mrs. Mr. PLATTS): SANDERS): TAUSCHER, Ms. SLAUGHTER, Ms. HAR- H.R. 4144. A bill to eliminate the require- H.R. 4148. A bill to amend title 18, United MAN, Mr. WELDON of Pennsylvania, ment that States collect Social Security States Code, to prohibit profiteering and Mr. ISRAEL, Mr. KIND, Mr. WAMP, numbers from applicants for recreational li- fraud relating to relief or reconstruction ef- Mrs. MALONEY, Mrs. MCCARTHY, Mr. censes; to the Committee on Ways and forts provided in response to a presidentially HINCHEY, Mr. CRAMER, Ms. ESHOO, Means. declared major disaster or emergency, and Mr. SKELTON, Mr. FOLEY, Mr. HAS- By Mr. JACKSON of Illinois (for him- for other purposes; to the Committee on the TINGS of Florida, Mr. NADLER, Mr. self, Mr. ROGERS of Alabama, Mr. Judiciary. MARKEY, Mrs. LOWEY, Mr. BOYD, and CONYERS, Mr. WATT, Mr. SHIMKUS, By Mr. FORTENBERRY (for himself Mr. MCNULTY): Mr. CARDIN, Mr. LINCOLN DIAZ- and Ms. HERSETH): H. Con. Res. 275. Concurrent resolution ex- BALART of Florida, Mr. LANTOS, Mr. H.R. 4149. A bill to require the prompt pressing the sense of Congress regarding the SCHWARZ of Michigan, Ms. WATERS, issuance by the Secretary of Agriculture of education curriculum in the Kingdom of Mr. HULSHOF, Ms. KILPATRICK of regulations to restore integrity to the pay- Saudi Arabia; to the Committee on Inter- Michigan, Mr. PORTER, Mr. DAVIS of ment limitation requirements applicable to national Relations. Illinois, Ms. LEE, Mr. BISHOP of Geor- commodity payments and benefits, to reduce By Mr. KUHL of New York: gia, Mr. BUTTERFIELD, Ms. CARSON, waste, fraud, and abuse related to the receipt H. Con. Res. 276. Concurrent resolution re- Mrs. CHRISTENSEN, Mr. CLAY, Mr. of commodity payments and benefits, and for questing the President to return to the

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00285 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23964 CONGRESSIONAL RECORD—HOUSE October 26, 2005

House of Representatives the enrollment of Mr. BERRY, Mr. BISHOP of New York, standing contributions to the New York Gi- H.R. 3765 so that the Clerk of the House may Mr. BLUMENAUER, Mr. BRADY of Penn- ants Football Club, the National Football reenroll the bill in accordance with the ac- sylvania, Ms. CORRINE BROWN of Flor- League, and the United States; to the Com- tion of the two Houses; considered and ida, Mr. BROWN of Ohio, Mr. mittee on Government Reform. agreed to. BUTTERFIELD, Mrs. CAPPS, Mr. CAPU- By Mr. PUTNAM (for himself and Mr. By Mr. CLEAVER: ANO, Mr. CARDO- THOMPSON of Mississippi): H. Con. Res. 277. Concurrent resolution des- ZA, Ms. CARSON, Mrs. CHRISTEN- H. Res. 518. A resolution honoring profes- ignating the Negro Leagues Baseball Mu- SEN, Mr. CLEAVER, Mr. CLYBURN, Mr. sional surveyors and recognizing their con- seum in Kansas City, Missouri, as America’s CONYERS, Mr. CROWLEY, Mr. CUM- tributions to society; to the Committee on National Negro Leagues Baseball Museum; MINGS, Mr. DAVIS of Illinois, Mr. Government Reform. to the Committee on Resources. DAVIS of Tennessee, Mr. DEFAZIO, Ms. f By Mr. MOORE of Kansas (for himself, DEGETTE, Ms. DELAURO, Mr. DICKS, Mr. BAIRD, Ms. MILLENDER-MCDON- Mr. DOGGETT, Mr. DOYLE, Mr. ENGEL, MEMORIALS ALD, Mr. BERMAN, Mrs. NAPOLITANO, Mr. ETHERIDGE, Mr. EVANS, Mr. FARR, Under clause 3 of rule XII, memorials Mr. BACA, Mr. HINCHEY, Mr. SCHIFF, Mr. FATTAH, Mr. FILNER, Mr. FORD, were presented and referred as follows: Mr. HONDA, Mr. FILNER, Ms. MATSUI, Mr. GENE GREEN of Texas, Mr. GRI- 182. The SPEAKER presented a memorial Mr. DICKS, Mr. PAYNE, Mr. DAVIS of JALVA, Mr. GUTIERREZ, Mr. HASTINGS of the General Assembly of the State of Colo- Tennessee, Ms. LEE, Mr. RADANOVICH, of Florida, Ms. HERSETH, Mr. HIN- rado, relative to Senate Joint Resolution No. Mr. LANTOS, Mr. COSTA, and Mrs. CHEY, Mr. HINOJOSA, Mr. HONDA, Ms. 05-015 concerning opposition to the ‘‘Federal DAVIS of California): HOOLEY, Mr. INSLEE, Mr. ISRAEL, Mr. Lands Recreation Enhancement Act’’; to the H. Con. Res. 278. Concurrent resolution ex- JACKSON of Illinois, Ms. JACKSON-LEE Committee on Agriculture. pressing the sense of Congress that Congress of Texas, Mr. KANJORSKI, Ms. KAP- 183. Also, a memorial of the Senate of the should raise awareness about the importance TUR, Mr. KENNEDY of Rhode Island, State of Michigan, relative to Senate Reso- of social worker and case worker safety; to Mr. KILDEE, Ms. KILPATRICK of Michi- lution No. 33 memorializing the Congress of the Committee on Education and the Work- gan, Mr. KIND, Mr. LANGEVIN, Mr. the United States to review the sale of vio- force. LARSEN of Washington, Mr. LARSON lent video games to children; to the Com- By Ms. ROS-LEHTINEN: of Connecticut, Ms. LEE, Mr. LEVIN, mittee on Energy and Commerce. H. Con. Res. 279. Concurrent resolution ex- Mr. LEWIS of Georgia, Mrs. LOWEY, 184. Also, a memorial of the General As- pressing the sense of Congress with respect Mrs. MALONEY, Mr. MARKEY, Ms. sembly of the State of Colorado, relative to to the 2005 presidential and parliamentary MATSUI, Mrs. MCCARTHY, Ms. MCCOL- Senate Joint Memorial No. 05-007 memori- elections in Egypt; to the Committee on LUM of Minnesota, Mr. MCDERMOTT, alizing the Congress of the United States to International Relations. Mr. MCGOVERN, Ms. MCKINNEY, Mr. propose an amendment to the United States By Mr. NEY: MCNULTY, Mr. MEEHAN, Mr. MEEK of Constitution requiring that the total H. Res. 511. A resolution honoring and Florida, Mr. MEEKS of New York, Mr. amount of all federal appropriations made by thanking United States Capitol Police As- MENENDEZ, Mr. MICHAUD, Ms. Congress for any fiscal year not exceed the sistant Chief of Police James Patrick Rohan MILLENDER-MCDONALD, Mr. MOORE of total of all estimated federal revenue for on the occasion of his retirement; to the Kansas, Ms. MOORE of Wisconsin, Mr. that fiscal year; to the Committee on the Ju- Committee on House Administration. MORAN of Virginia, Mr. NADLER, Mrs. diciary. By Ms. KILPATRICK of Michigan (for NAPOLI- 185. Also, a memorial of the General As- herself, Mr. CONYERS, Mr. COOPER, TANO, Mr. NEAL of Massachusetts, sembly of the State of Colorado, relative to Mr. MCDERMOTT, Mr. CLEAVER, Mr. Mr. OLVER, Mr. OWENS, Mr. PALLONE, Senate Joint Memorial No. 05-004 memori- SERRANO, Ms. LEE, Mr. SHIMKUS, Mr. Mr. PASCRELL, Mr. PASTOR, Mr. alizing the Congress of the United States to MURPHY, Mr. HOLT, Mrs. MALONEY, PAYNE, Mr. POMEROY, Mr. PRICE of reauthorize the Federal Temporary Assist- Ms. MCCOLLUM of Minnesota, Mr. North Carolina, Mr. RANGEL, Mr. ance to Needy Families Program; to the CAPUANO, Mr. VAN HOLLEN, Ms. HAR- ROTHMAN, Mr. RUPPERSBERGER, Mr. Committee on Ways and Means. MAN, Ms. WATSON, Mr. GRIJALVA, Mr. RUSH, Mr. RYAN of Ohio, Mr. SABO, 186. Also, a memorial of the General As- MORAN of Virginia, Mr. SANDERS, Mr. Ms. LINDA T. SA´ NCHEZ of California, sembly of the State of Colorado, relative to HIGGINS, Ms. KAPTUR, Mr. KENNEDY of Ms. LORETTA SANCHEZ of California, Senate Joint Memorial No. 05-006 memori- Rhode Island, Mr. SHERMAN, Ms. Mr. SANDERS, Mr. SERRANO, Ms. alizing the Congress of the United States to EDDIE BERNICE JOHNSON of Texas, Mr. SCHAKOWSKY, Mr. SCHIFF, Ms. oppose the privatization of Social Security; CROWLEY, Mr. HONDA, Mrs. JONES of SCHWARTZ of Pennsylvania, Mr. to the Committee on Ways and Means. Ohio, Mr. DAVIS of Alabama, Mr. SHERMAN, Ms. SLAUGHTER, Mr. SMITH f PALLONE, Mr. BLUMENAUER, Mr. of Washington, Ms. SOLIS, Mr. STARK, ROTHMAN, Ms. BERKLEY, Ms. WASSER- Mr. STRICKLAND, Mrs. TAUSCHER, Mr. ADDITIONAL SPONSORS MAN SCHULTZ, Ms. ROYBAL-ALLARD, TAYLOR of Mississippi, Mr. THOMPSON Under clause 7 of rule XII, sponsors Mr. CASE, Mr. DOGGETT, Mr. NADLER, of Mississippi, Mr. THOMPSON of Cali- were added to public bills and resolu- Mr. SCOTT of Georgia, Mr. DINGELL, fornia, Mr. TIERNEY, Mr. TOWNS, Mrs. Mr. FARR, and Ms. CARSON): JONES of Ohio, Mr. UDALL of Colo- tions as follows: H. Res. 512. A resolution honoring the life rado, Mr. UDALL of New Mexico, Mr. H.R. 147: Mr. REGULA, Mr. CAMP, Mr. and accomplishments of Rosa Parks and ex- VAN HOLLEN, Ms. VELA´ ZQUEZ, Mr. WELDON of Pennsylvania, and Mr. THOMPSON pressing condolences on her passing; to the VISCLOSKY, Ms. WASSERMAN SCHULTZ, of Mississippi. Committee on Government Reform. Ms. WATERS, Ms. WATSON, Mr. WATT, H.R. 269: Mr. CONAWAY. By Mr. OXLEY: Mr. WEXLER, Mr. WEINER, Ms. WOOL- H.R. 313: Mr. CLEAVER. H. Res. 513. A resolution electing a certain SEY, Mr. WU, and Mr. WYNN): H.R. 314: Mr. CLEAVER and Mrs. MUSGRAVE. Member to a certain standing committee of H. Res. 515. A resolution of inquiry request- H.R. 475: Ms. BALDWIN, Ms. ZOE LOFGREN of the House of Representatives; considered and ing the President of the United States to California, and Mrs. DAVIS of California. H.R. 503: Mr. CLEAVER. agreed to. provide to the House of Representatives cer- H.R. 558: Mr. BISHOP of New York. By Ms. MCCOLLUM of Minnesota (for tain documents in his possession relating to H.R. 567: Mrs. NAPOLITANO. herself, Mr. GILCHREST, Mrs. CHRIS- the anticipated effects of climate change on H.R. 654: Ms. SCHAKOWSKY. TENSEN, Mr. SNYDER, and Mr. the coastal regions of the United States; to H.R. 688: Mr. BOOZMAN. SCHWARZ of Michigan): the Committee on Science. H.R. 772: Mr. BUTTERFIELD, Mr. WAMP, Mr. H. Res. 514. A resolution supporting the ob- By Mr. MELANCON: RUPPERS- servance of a Month of Global Health; to the H. Res. 516. A resolution providing for con- BERGER, and Mr. DINGELL. Committee on International Relations. sideration of the bill (H.R.3763) to reinstate H.R. 864: Mr. SIMMONS and Ms. MCCOLLUM By Mr. KUCINICH (for himself, Mr. the application of the wage requirements of of Minnesota. MURTHA, Mr. GORDON, Mr. EMANUEL, the Davis-Bacon Act to Federal contracts in H.R. 923: Mr. KUHL of New York, Mr. DEAL Mr. GEORGE MILLER of California, Mr. areas affected by Hurricane Katrina; to the of Georgia, Mr. SHADEGG, Mr. GRIJALVA, Ms. WAXMAN, Mr. DELAHUNT, Mr. HOYER, Committee on Rules. SCHAKOWSKY, Mr. RUPPERSBERGER, Mr. Mr. HOLT, Mr. CLAY, Mr. OBERSTAR, By Mr. PASCRELL (for himself, Mrs. HAYWORTH, and Mr. SCHIFF. Mr. ABERCROMBIE, Mr. ACKERMAN, LOWEY, Mrs. MCCARTHY, Mr. PAL- H.R. 987: Ms. MATSUI, Mr. ORTIZ, Mr. Mr. ALLEN, Mr. ANDREWS, Mr. BACA, LONE, Mr. SERRANO, and Mr. FER- MCNULTY, Ms. JACKSON-LEE of Texas, Mr. Mr. BAIRD, Ms. BALDWIN, Mr. GUSON): SCOTT of Georgia, and Mr. HINOJOSA. BECERRA, Ms. BERKLEY, Mr. BERMAN, H. Res. 517. A resolution recognizing the H.R. 1018: Mr. VAN HOLLEN, Mr. ACKERMAN, Ms. EDDIE BERNICE JOHNSON of Texas, life of Wellington Timothy Mara and his out- Mr. SERRANO, and Mr. MEEKS of New York.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00286 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 CONGRESSIONAL RECORD—HOUSE 23965

H.R. 1124: Mr. LYNCH. H.R. 3137: Mr. REHBERG and Mr. WHITFIELD. H.R. 4133: Ms. WASSERMAN SCHULTZ and Ms. H.R. 1141: Mr. CROWLEY and Mr. TANCREDO. H.R. 3145: Mr. PLATTS, Mr. RUPPERSBER- HARRIS. H.R. 1246: Mr. BOEHNER. GER, and Ms. WOOLSEY. H. Con. Res. 138: Mr. ENGEL. OOPER ELDON H.R. 1259: Mr. C , Mr. W of H.R. 3151: Mr. ABERCROMBIE. H. Con. Res. 190: Mr. DEAL of Georgia. Pennsylvania, Mr. MCCOTTER, Mr. CRAMER, H.R. 3255: Mr. HOLDEN and Mr. STUPAK. H. Con. Res. 228: Ms. HERSETH, Mr. MOORE and Mr. FORTUN˜ O. ILSON H.R. 3304: Mr. W of South Carolina. of Kansas, Mr. DAVIS of Illinois, Mr. H.R. 1322: Mr. ABERCROMBIE, Ms. KAPTUR, H.R. 3307: Mr. MCINTYRE. FITZPATRICK of Pennsylvania, Mr. FARR, Mr. Mr. OBERSTAR, Mr. HINCHEY, Ms. JACKSON- H.R. 3334: Mr. NEAL of Massachusetts, Mr. EMANUEL, Ms. HARMAN, Mr. DOGGETT, Mr. LEE of Texas, Mr. SANDERS, Mr. STRICKLAND, JINDAL, Ms. VELA´ ZQUEZ, and Mr. WOLF. HIGGINS, Mr. STARK, Mr. ROTHMAN, Mr. Mrs. CHRISTENSEN, and Mr. ENGEL. H.R. 3337: Mr. SANDERS. MCCAUL of Texas, Mrs. CAPITO, Ms. NORTON, H.R. 1357: Mr. FEENEY. H.R. 3367: Mr. MCCOTTER and Mr. ENGLISH Mrs. TAUSCHER, Ms. MILLENDER-MCDONALD, H.R. 1498: Mr. ROTHMAN, Mr. OLVER, Ms. of Pennsylvania. Mr. INSLEE, Ms. CARSON, Mrs. LOWEY, and MCCOLLUM of Minnesota, and Mr. PITTS. H.R. 3476: Mr. MCGOVERN. Mr. PASCRELL. H.R. 1548: Mr. GRAVES, Mr. MENENDEZ, Ms. H.R. 3479: Mr. RUPPERSBERGER. H. Con. Res. 268: Mr. STEARNS, Mr. KEN- BALDWIN, Mr. NORWOOD, Mr. RAHALL, and Mr. H.R. 3547: Mr. PRICE of Georgia, Mr. NEDY of Minnesota, Ms. GINNY BROWN-WAITE ENGEL. MCDERMOTT, and Mr. WU. H.R. 1588: Mr. HINCHEY and Mr. CLEAVER. H.R. 3612: Mr. CASTLE. of Florida, Mr. MCHUGH, Mr. LUCAS, Mr. H.R. 1595: Mr. ACKERMAN, Mr. BISHOP of H.R. 3616: Mrs. MALONEY, Mr. HONDA, and FRANKS of Arizona, Mr. TIAHRT, Mr. ˜ New York, Mr. BUTTERFIELD, Mr. COSTA, Ms. Mr. MARSHALL. FORTUNO, Mr. SODREL, Mr. MANZULLO, Mr. JACKSON-LEE of Texas, and Mr. STUPAK. H.R. 3630: Mr. CULBERSON and Mr. GER- WELDON of Florida, Mr. SHADEGG, Mr. KING- H.R. 1671: Mr. MCHUGH. LACH. STON, Mr. GINGREY, and Mr. RAHALL. H.R. 1704: Mr. BRADY of Pennsylvania and H.R. 3639: Mr. HOLT. H. Con. Res. 273: Ms. CARSON, Mr. MURPHY, Mr. WATT. H.R. 3684: Mr. PAUL. Mr. KING of New York, Mr. YOUNG of Alaska, ´ H.R. 1714: Ms. LINDA T. SANCHEZ of Cali- H.R. 3813: Mr. GARY G. MILLER of Cali- Mr. CLAY, Mr. DAVIS of Florida, and Mr. CAL- fornia. fornia, Mr. RUPPERSBERGER, Ms. HART, and VERT. H.R. 1736: Mr. WILSON of South Carolina Mr. SOUDER. H. Res. 97: Mr. WAMP and Mr. JINDAL. and Mr. HOEKSTRA. H.R. 3817: Mr. DEFAZIO. H. Res. 196: Mr. HONDA, Mr. MCDERMOTT, H.R. 1741: Mr. MCHUGH. H.R. 3870: Mr. FEENEY and Mr. BARRETT of Mr. MORAN of Virginia, Ms. WATSON, Mr. H.R. 1849: Mr. CLEAVER. South Carolina. SERRANO, and Mrs. MALONEY. H.R. 1951: Mr. RUPPERSBERGER, Mr. DAVIS H.R. 3883: Mr. OTTER, Mrs. CUBIN, Mr. SIMP- of Tennessee, and Ms. JACKSON-LEE of Texas. H. Res. 438: Mr. GARRETT of New Jersey and SON, Mrs. CAPITO, Mr. BAKER, Mr. ROGERS of H.R. 1973: Ms. WATSON, Mr. SHIMKUS, Mr. Mr. CHANDLER. Kentucky, and Mr. BOREN. LAHOOD, Mr. GUTIERREZ, Mr. COSTELLO, Mr. H. Res. 449: Mr. HOLT. H.R. 3900: Mr. CALVERT. TOM DAVIS of Virginia, and Mr. WAMP. H. Res. 458: Ms. MCKINNEY. H.R. 3909: Mr. FOLEY. H.R. 1994: Mr. CLAY, Mr. KUCINICH, Mr. H. Res. 466: Mr. VAN HOLLEN, Ms. H.R. 3923: Mr. MCHUGH. LEWIS of Georgia, Mrs. CHRISTENSEN, and Ms. WASSERMAN SCHULTZ, and Mr. KIND. H.R. 3924: Mr. MCHUGH. JACKSON-LEE of Texas. H. Res. 477: Mr. FRANK of Massachusetts, H.R. 3948: Mr. BARROW, Mrs. CAPPS, and Mr. H.R. 2121: Mr. MCKEON, Mr. NEY, Mr. Mr. MCNULTY, Mr. CLEAVER, Mr. EVANS, and GRIJALVA. HAYWORTH, Ms. VELA´ ZQUEZ, Mr. ISRAEL, Mr. Mr. WAXMAN. H.R. 3969: Mr. BOUSTANY, Ms. BORDALLO, FEENEY, Mr. LINDER, and Ms. PRYCE of Ohio. and Mr. MILLER of Florida. H. Res. 483: Mr. RANGEL, Mr. GRIJALVA, and H.R. 2211: Mr. BARRETT of South Carolina. H.R. 3974: Mr. ROSS. Mr. MCNULTY. H.R. 2409: Mr. BERMAN. H.R. 3984: Mr. TERRY. H.R. 2682: Mr. JINDAL. H.R. 3997: Mr. KENNEDY of Minnesota, Ms. H.R. 2684: Mr. BOUCHER. f H.R. 2739: Mr. BROWN of Ohio. HARRIS, Mr. JONES of North Carolina, Mr. GILLMOR, and Mr. TIBERI. H.R. 2803: Mr. NUSSLE and Mr. TIBERI. PETITIONS, ETC. H.R. 2933: Mr. MILLER of Florida. H.R. 4008: Mr. MORAN of Virginia, Mr. H.R. 2939: Mr. ANDREWS. SANDERS, and Mr. WAXMAN. Under clause 3 of rule XII, petitions H.R. 2943: Ms. ESHOO. H.R. 4015: Mr. GRIJALVA. and papers were laid on the clerk’s H.R. 2952: Mr. EDWARDS. H.R. 4032: Mr. SAM JOHNSON of Texas, Mr. desk and referred as follows: H.R. 2990: Mr. CASTLE. MICA, and Mr. BURTON of Indiana. H.R. 3050: Ms. LORETTA SANCHEZ of Cali- H.R. 4044: Mr. CUELLAR. 75. The SPEAKER presented a petition of fornia. H.R. 4045: Mr. MCHUGH. the Cook County Board of Commissioners, Il- H.R. 3098: Mr. HOSTETTLER, Mr. JONES of H.R. 4047: Mr. HENSARLING. linois, relative to a resolution dated Sep- North Carolina, Mr. CAMP, Mr. HERGER, Mr. H.R. 4073: Mr. NADLER, Mr. MCCAUL of tember 8, 2005 supporting the Community PICKERING, Mr. LEVIN, Mr. DEAL of Georgia, Texas, Mr. SODREL, and Mr. BURGESS. Reinvestment Act; to the Committee on Fi- Ms. BEAN, Mr. OTTER, and Mr. BARROW. H.R. 4086: Mr. TAYLOR of Mississippi. nancial Services. H.R. 3127: Mr. MICHAUD, Mr. PETERSON of H.R. 4089: Mr. PAUL and Mrs. SCHMIDT. 76. Also, a petition of the Board of Chosen Minnesota, Mr. COSTA, Mr. HEFLEY, Mr. ING- H.R. 4090: Mr. BROWN of Ohio. Freeholders of the County of Atlantic, New LIS of South Carolina, Mr. FARR, Mrs. MALO- H.R. 4110: Mr. CUMMINGS, Mr. TIERNEY, Ms. Jersey, relative to Resolution No. 481, sup- NEY, Mr. SNYDER, Mr. MARKEY, Mr. MORAN of EDDIE BERNICE JOHNSON of Texas, Ms. porting House Bill H.R. 3052 (The Southern Virginia, and Mr. CLAY. HOOLEY, Mr. SANDERS, Mr. REYES, Mr. RAN- New Jersey Veterans Comprehensive Health H.R. 3135: Mr. GENE GREEN of Texas and GEL, and Ms. WOOLSEY. Care Act); to the Committee on Veterans’ Mr. MURPHY. H.R. 4121: Mr. FILNER. Affairs.

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00287 Fmt 0688 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE 23966 EXTENSIONS OF REMARKS October 26, 2005 EXTENSIONS OF REMARKS

SENATE COMMITTEE MEETINGS tration, Ellen G. Engleman Conners, of NOVEMBER 3 Indiana, to be Chairman of the Na- Title IV of Senate Resolution 4, 10 a.m. tional Transportation Safety Board, Energy and Natural Resources agreed to by the Senate on February 4, Mark V. Rosenker, of Maryland, to be 1977, calls for establishment of a sys- To hold hearings to examine a status re- a Member of the National Transpor- port on the Environmental Protection tation Safety Board, and Kathryn Hig- tem for a computerized schedule of all Management programs of the Depart- gins, of South Dakota, to be a Member meetings and hearings of Senate comment of Energy. of the National Transportation Safety mittees, subcommittees, joint commit- SD–366 tees, and committees of conference. Board. SD–562 Veterans’ Affairs This title requires all such committees Energy and Natural Resources To hold hearings to examine the rebuild- to notify the Office of the Senate Daily National Parks Subcommittee ing of VA assets on the Gulf Coast. Digest—designated by the Rules Com- To hold hearings to examine the Na- SR–418 mittee—of the time, place, and purpose tional Park Service’s Draft Manage- 10:30 a.m. of the meetings, when scheduled, and ment Policies, including potential im- Agriculture, Nutrition, and Forestry any cancellations or changes in the pact of the policies on park operations, To hold hearings to examine agricultural transportation and energy issues. meetings as they occur. park resources, interaction with gate- SH–216 As an additional procedure along way communities, and solicitation and collection of donations. 2:30 p.m. with the computerization of this infor- SD–366 Energy and Natural Resources mation, the Office of the Senate Daily 2:30 p.m. To hold hearings to examine the nomina- Digest will prepare this information for Judiciary tions of Jeffrey D. Jarrett, of Pennsyl- printing in the Extensions of Remarks To hold hearings to examine pending ju- vania, to be Assistant Secretary for section of the CONGRESSIONAL RECORD dicial nominations. Fossil Energy, and Edward F. Sproat on Monday and Wednesday of each SD–226 III, of Pennsylvania, to be Director of week. the Office of Civilian Radioactive Meetings scheduled for Thursday, Oc- NOVEMBER 2 Waste Management, both of the De- tober 27, 2005 may be found in the Daily 9:30 a.m. partment of Energy. Environment and Public Works SD–366 Digest of today’s RECORD. To resume hearings to examine the re- MEETINGS SCHEDULED sponse to Hurricane Katrina. NOVEMBER 7 SD–406 12:30 p.m. OCTOBER 31 Indian Affairs Judiciary To hold an oversight hearing to examine To hold hearings to examine the nomina- 1 p.m. In Re Tribal Lobbying Matters, Et Al. tion of Harriet Ellan Miers, of Texas, Homeland Security and Governmental Af- SH–216 to be an Associate Justice of the Su- fairs 10 a.m. preme Court of the United States. Investigations Subcommittee Homeland Security and Governmental Af- To resume hearings to examine corrup- fairs SH–216 tion in the United Nations Oil-for-Food To hold hearings to examine why the lev- program, focusing on recent reports ees failed relating to Hurricane NOVEMBER 8 relative to illegal payments to individ- Katrina. 10 a.m. uals, investigations of the United Na- SD–342 Energy and Natural Resources tions Office of Internal Oversight Serv- 2 p.m. To hold hearings to examine the progress ices and the United Nations Procure- Energy and Natural Resources made on the development of interim ment System, Bayoil oil diversions, Public Lands and Forests Subcommittee and long-term plans for use of fire re- and progress toward implementing To hold hearings to examine S. 1548, to tardant aircraft in Federal wildfire United Nations management reforms, provide for the conveyance of certain suppression operations. including the oversight by the U.S. Of- Forest Service land to the city of Coff- SD–366 fice of Foreign Assets Control to stop man Cove, Alaska, S. 1541, to protect, 2:30 p.m. misconduct by U.S. persons doing busi- conserve, and restore public land ad- Agriculture, Nutrition, and Forestry ness under the Oil-for-Food program. ministered by the Department of the Research, Nutrition, and General Legisla- SD–342 Interior or the Forest Service and adja- tion Subcommittee cent land through cooperative cost- To hold hearings to examine the Pet Ani- NOVEMBER 1 shared grants to control and mitigate mal Welfare Statute. 10 a.m. the spread of invasive species, S. 1552, SDG–50 Commerce, Science, and Transportation to amend Public Law 97–435 to extend To hold hearings to examine the nomina- the authorization for the Secretary of NOVEMBER 9 tions of Shana L. Dale, of Georgia, to the Interior to release certain condi- be Deputy Administrator of the Na- tions contained in a patent concerning 11:30 p.m. tional Aeronautics and Space Adminis- certain land conveyed by the United Energy and Natural Resources tration, Ellen G. Engleman Conners, of States to Eastern Washington Univer- Business meeting to consider pending Indiana, to be Chairman of the Na- sity until December 31, 2009, H.R. 482, calendar business. tional Transportation Safety Board, to provide for a land exchange involv- SD–366 and Mark V. Rosenker, of Maryland, ing Federal lands in the Lincoln Na- and Kathryn Higgins, of South Dakota, tional Forest in the State of New Mex- NOVEMBER 10 each to be a Member of the National ico, and S. 405, to provide for the con- 10 a.m. Transportation Safety Board. veyance of certain public land in Clark Commerce, Science, and Transportation SD–562 County, Nevada, for use as a heliport. Aviation Subcommittee Homeland Security and Governmental Af- SD–366 To hold hearings to examine the impact fairs 2:30 p.m. of the Wright amendment, which re- To hold hearings to examine the nomina- Commerce, Science, and Transportation stricts travel into and out of Dallas tions of Shana L. Dale, of Georgia, to Business meeting to consider pending Love Field for commercial flights with be Deputy Administrator of the Na- calendar business. more than 56 seats. tional Aeronautics and Space Adminis- SH–216 SD–562

● 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 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00288 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE October 26, 2005 EXTENSIONS OF REMARKS 23967 10:30 a.m. NOVEMBER 17 CANCELLATIONS Agriculture, Nutrition, and Forestry 10 a.m. To hold hearings to examine the nomina- Commerce, Science, and Transportation NOVEMBER 1 tions of Charles R. Christopherson, Jr., Aviation Subcommittee 9:30 a.m. of Texas, to be Chief Financial Officer, To hold hearings to examine aviation Judiciary and James M. Andrew, of Georgia, to safety. To hold hearings to examine Department be Administrator, Rural Utilities Serv- SD–562 of Justice and the Weapons of Mass De- ice, both of the Department of Agri- struction Commission Recommenda- culture. tions. SR–328A SD–226

VerDate Sep 11 2014 10:45 Mar 01, 2017 Jkt 000000 PO 00000 Frm 00289 Fmt 0689 Sfmt 0634 E:\FDSYS\2005BOUNDRECORD\BOOK17\NO-SSN\BR26OC05.DAT BR26OC05 ejoyner on DSK30MW082PROD with CONG-REC-ONLINE