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

Vol. 152 WASHINGTON, THURSDAY, JULY 20, 2006 No. 96 House of Representatives The House met at 10 a.m. that the Senate has passed with an Reverend Fulton is not only an ac- The Reverend Phil Fulton, Pastor, amendment in which the concurrence tive member of our community, but he Union Hill Church, Peebles, Ohio, of- of the House is requested, a bill of the is also a devoted member of his family. fered the following prayer: House of the following title: He has been married to his lovely wife, Almighty God, Creator of Heaven and H.R. 1036. An act to amend title 17, United Sharon, for 40 years, and they have two Earth, and all that is therein, we thank States Code, to make technical corrections children and five very energetic grand- You for this great congressional body. relating to Copyright Royalty Judges, and children. I pray You would bless them with wis- for other purposes. Mr. Speaker, I ask all of my col- dom, knowledge, and that the spirit of The message also announced that the leagues to join me in welcoming Rev- bipartisanship would prevail in all Senate has passed bills of the following erend Phil Fulton to the House of Rep- their decisions for the inherent good of titles in which the concurrence of the resentatives as our guest chaplain. this great Nation. House is requested: f I pray they would remember well the S. 418. An act to protect members of the words of President Cleveland: ‘‘That Armed Forces from unscrupulous practices ANNOUNCEMENT BY THE SPEAKER those who manage the affairs of gov- regarding sales of insurance, financial, and The SPEAKER. The Chair will enter- ernment are by this means reminded investment products. tain up to 10 one-minute requests per S. 3693. An act to make technical correc- side. that the law of God demands that they tions to the Violence Against Women and should be courageously true to the in- Department of Justice Reauthorization Act f terests of the people, and that the of 2005. PROTECTING EMBRYOS RIGHT Ruler of the Universe will require of f THING TO DO them a strict account of their steward- ship.’’ WELCOMING REVEREND PHIL (Ms. FOXX asked and was given per- In the name of our Lord Jesus Christ, FULTON mission to address the House for 1 I pray. Amen. (Mrs. SCHMIDT asked and was given minute.) Ms. FOXX. Mr. Speaker, constituents f permission to address the House for 1 minute and to revise and extend her re- throughout my district have been con- THE JOURNAL marks.) tacting my office in opposition to using The SPEAKER. The Chair has exam- Mrs. SCHMIDT. Mr. Speaker, I rise embryonic stem cells for research pur- ined the Journal of the last day’s pro- today to recognize my friend, Reverend poses. They join me today in applaud- ceedings and announces to the House Phil Fulton, who is serving as guest ing the President’s veto of the Stem his approval thereof. chaplain for the House of Representa- Cell Research Enhancement Act. Pursuant to clause 1, rule I, the Jour- tives today. As stewards of hardworking Ameri- nal stands approved. Reverend Fulton is from Adams cans’ tax dollars, we cannot ask our constituents to fund the killing of f County which is located in the district I represent. Reverend Fulton was born human embryos. It is imperative that PLEDGE OF ALLEGIANCE and raised in southern Ohio, and now we do all we can to protect the most The SPEAKER. Will the gentle- serves our community daily. vulnerable members of our society, the woman from Pennsylvania (Ms. For the last 30 years, he has worked unborn. SCHWARTZ) come forward and lead the as pastor of Union Hill Church, an Embyronic stem cells have been House in the Pledge of Allegiance. independent community church which available for research for nearly 5 Ms. SCHWARTZ of Pennsylvania led is located in Peebles, Ohio. He plays a years, and during that time research the Pledge of Allegiance as follows: very active role in our local area, help- on those stem cells has produced noth- I pledge allegiance to the Flag of the ing those around him. ing and cured no one. In the meantime, United States of America, and to the Repub- As vice president of Love, Incor- ethical biomedical treatment not de- lic for which it stands, one nation under God, porated, he has reached out to many rived from embryos, like that at the indivisible, with liberty and justice for all. folks by meeting their intimate needs Wake Forest Institute for Regenerative f in a very personal way. He is chair- Medicine in my district, has helped person of the Ten Commandments cure over 70 diseases. In this time of in- MESSAGE FROM THE SENATE Committee which is working on issues credible medical advances, unethical A message from the Senate by Ms. related to the display of the Ten Com- research is unnecessary and desecrates Curtis, one of its clerks, announced mandments in public places. the sanctity of human life.

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

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VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5494 CONGRESSIONAL RECORD — HOUSE July 20, 2006 PREPARE FOR PEACE And that’s just the way it is. As the Secretary of Transportation, (Mr. KUCINICH asked and was given f Norman Mineta oversaw an agency with almost 60,000 employees and a $62 permission to address the House for 1 SUPPORT EMBRYONIC STEM CELL billion budget. Created in 1967, the de- minute and to revise and extend his re- RESEARCH marks.) partment brought under one umbrella Mr. KUCINICH. Mr. Speaker, how is (Ms. SCHWARTZ of Pennsylvania air, maritime, and surface transpor- it that even with the constant moral asked and was given permission to ad- tation missions. Today, I honor his and financial support of our Nation, dress the House for 1 minute and to re- service to the American people and our friend and ally, Israel, is still not vise and extend her remarks.) wish him and his wife, Deni, the best in Ms. SCHWARTZ of Pennsylvania. Mr. safe and secure. If we insist upon the their future endeavors. Speaker, I rise disappointed and an- security and survival of Israel, and we In conclusion, God bless our troops gered by the President’s veto of the must, then we must also insist upon and we will never forget September 11. Stem Cell Research Enhancement Act, the security and survival of the Pal- f and I rise in solidarity with my 237 col- estinians and the Lebanese. PRESIDENTIAL VETO WRONG We say we will never negotiate with leagues and the 63 Senators who voted those who have sworn to destroy us or to overturn the Bush administration’s (Mr. INSLEE asked and was given our allies, but history shows us that policies that have stifled the promise permission to address the House for 1 every conflict was resolved by doing of stem cell research and sound and minute and to revise and extend his re- exactly that. We prepare for war so ethical science. marks.) Since 2001, stem cell research in the grandly; let us prepare for peace grand- Mr. INSLEE. Mr. Speaker, when I United States has been thwarted by the ly by looking fearlessly and deep into voted to override President Bush’s veto Bush administration’s misguided poli- the hearts of those who wish us harm, of stem cell research, I was thinking of cies. And yesterday, President Bush and find that spark of recognition that ex-Governor Booth Gardner of Wash- once again let politics, not science, not connects us to a common humanity ington State. I saw Governor Gardner the health and well-being of American and from that draw a flicker of hope to in the Sea-Tac Airport Monday as I families, and not the will of the major- enkindle the warm glow of peace. was flying back here. He was flying to ity of Americans, dictate his decision After 9/11, we asked, Why do they San Francisco for advanced treatment making. hate us? Isn’t it time for us to ask, for Parkinson’s, a disease he has been It is a sad day when the President of Why do we hate them? battling for some time with great cour- the United States acts to impede life- Do we think about what hate does to age and grace. saving medical research. And with this our own hearts? Isn’t it time to put on And yet this promising research, we veto, President Bush failed to give the invincible armor of human compas- have a President who decided he is not American families the promise of this sion to explore human relations as the going to let Americans have because research. American families want science of the human heart, in which he, from his exalted realm on Pennsyl- cures, not politics. And they want we always have the capacity through vania Avenue, has taken it upon him- hope, not lost opportunities. courage, communication, patience and self to dictate to Americans what our I, along with millions of Americans, morals should be. understanding to turn hate into love, am outraged, but we are not deterred. and to beat our swords into plowshares. Let me suggest that the President We will keep fighting and we will suc- who started the war in Iraq based on f ceed in fighting the President’s restric- false information, the President that LONE STAR VOICE: CHARLES tions on stem cell research. mishandled Hurricane Katrina relief, HAMILTON Those of us who voted to override the presi- the President who has created the larg- (Mr. POE asked and was given per- dential veto, voted: est deficit in the history of the solar to maintain the United State’s stance as the mission to address the House for 1 system, is not entitled by any law, reli- world leader in medical research and scientific minute and to revise and extend his re- gion, morality, ethics or common sense advancement; to dictate to the American people one marks.) to advance scientific discovery in an ethi- Mr. POE. Mr. Speaker, Americans sense of morality, much less any oth- cally and responsible manner; pay millions a year of their money in to enhance the ability of medical profes- ers. health care costs for illegals. Now it is sionals to care for their patients; It was wrong for him to deny Booth time for those renegade businesses that to fulfill our obligation to use our human re- Gardner treatment, it is wrong for him hire illegals and the Mexican Govern- sources and capital for the greater good; and to take it away from millions of Amer- ment to pay. most importantly, to benefit the millions bat- icans. Charles Hamilton of Spring, Texas, tling disease and injury. f writes me: ‘‘Texas taxpayers should f not be made to pay the brunt for the SUPPORT HOMEOWNERS TAX high concentration of illegals here that TRIBUTE TO SECRETARY NORMAN RELIEF ACT the Feds won’t stop from coming into MINETA (Mrs. KELLY asked and was given our country. It might be an incentive (Mr. WILSON of South Carolina permission to address the House for 1 for employers not to hire illegals if a asked and was given permission to ad- minute and to revise and extend her re- tax was levied on each illegal hired. dress the House for 1 minute and to re- marks.) Employee rosters showing names and vise and extend his remarks.) Mrs. KELLY. Mr. Speaker, I rise Social Security numbers should be Mr. WILSON of South Carolina. Mr. today to urge passage of the Home- checked for each company each year. Speaker, for more than 5 years, we owners Tax Relief Act. I have intro- Companies with illegals would pay a have been honored to have Norman Mi- duced this act to help bring much-need- tax to cover the illegals’ hospital neta serve as Secretary of Transpor- ed property tax relief to middle-class costs.’’ tation, selected by President Bush, to families. Mr. Speaker, Dallas County, Texas be the longest-serving Secretary in Taxes are one of the most critical wants to bill or even sue Mexico for the American history. issues our constituents face. When I hospital costs of illegals. But get this: Secretary Mineta served as an intel- talk with residents of the Hudson Val- The Mexican consulate arrogantly ligence officer in the U.S. Army in both ley in my New York district, they re- says, ‘‘You can’t do that, it is illegal.’’ Japan and Korea. He was the 59th peatedly tell me they are at wit’s end Mr. Speaker, the coconspirators of mayor of San Jose, California, and because their property tax rates are in- businesses that exploit illegals and the served as a Member of Congress for 20 creasing faster than their incomes. Mexican Government that encourages years. He was the first Asian American We have passed significant tax relief illegal entry need to pay for this health elected mayor of a major city, and the legislation in this Congress, but we can care. It is morally wrong to expect first to hold a Cabinet position when he do more to show our constituents that American citizens and legal immi- served as Secretary of Commerce from we are committed to tax cuts, not tax grants to pay. 2000 to 2001. increases.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5495 My legislation is particularly aimed The Piedmont health care group is known as SAFETEA–LU, which to help middle-class families. It would known for its longstanding commit- brought us the bridge to nowhere, enable homeowners to deduct on their ment to health information tech- seems to be a gift that keeps on giving. Federal tax forms the amount of prop- nology. With this award, the whole Na- It has now cleared the path for a pro- erty and school taxes that they pay in tion now understands how these hos- gram that may set a standard for fiscal excess of the national average. This pitals are using electronic medical mismanagement and favoritism by the also brings a first-of-its-kind property records, e-prescribing, and digital radi- Federal Government. tax deduction to residents who use the ology to help streamline practices and Thanks to changes made to the Rail- standard deduction. The IRS estimates to reduce medical errors. road Rehabilitation and Improvement that two-thirds of taxpayers use the I am a strong supporter of health in- Financing, or RRIF, program in standard deduction. They would be able formation technology because it saves SAFETEA–LU, the administration is to get this tax relief. lives, time, money. And as a physician, considering awarding one of the largest Mr. Speaker, both Republican and I know that encouraging the adoption loans to a private company in the his- Democrat cosponsors are on my bill. of health care technology is one of the tory of the United States. This would We need to move it forward to bring most important ways we can work to be a $2.5 billion loan to the Dakota, additional tax relief to middle-class lower costs while also raising quality Minnesota and Eastern Railroads, or families in New York and throughout of care. DM&E, a loan larger than the Chrysler the country. This is why I have introduced legisla- bail-out. f tion to incentivize more physicians to SAFETEA–LU expanded the loan au- adopt information technology. And I thority of the RRIF program from $3.5 VOTE ‘‘NO’’ ON OMAN FREE TRADE hope the success of Piedmont health billion to $35 billion and removed any AGREEMENT care will encourage other providers to prohibition on the size of any single (Mr. MICHAUD asked and was given look at the real savings that this tech- loan, paving the way for the DM&E permission to address the House for 1 nology offers. loan application. minute and to revise and extend his re- Mr. Speaker, I ask that you join me If drastically expanding the pro- marks.) in congratulating Piedmont for their gram’s loan authority opened the door Mr. MICHAUD. Mr. Speaker, last leadership in the field of health infor- for DM&E, a handful of other changes night several of our colleagues stood on mation technology. to the program all but drive the loan this floor and listed all of the terrorists f application home. that are no longer threats to the HOUSE REPUBLICANS FAIL TO AD- Mr. Speaker, the RRIF program is on United States. I couldn’t be more DRESS THE ISSUES OF REAL the verge of being used to provide a pleased that this list of potential CONCERN TO THE AMERICAN competitive advantage. It is inappro- threats is getting shorter. So why are PEOPLE priate for the taxpayers to finance it. we going to vote today on a proposal that will add major new threats to that (Ms. SOLIS asked and was given per- f list? mission to address the House for 1 The Oman Free Trade Agreement minute.) would require the United States to Ms. SOLIS. Mr. Speaker, all year HOUSE REPUBLICANS ARE allow any Omani company to provide long House Republicans have failed to PREVENTING MEDICAL ADVANCES landside U.S. port activities if they so provide real leadership on issues that (Ms. SCHAKOWSKY asked and was choose. A new CRS report confirms affect Americans. Earlier this month given permission to address the House that fact. the Associated Press reported that for 1 minute.) President Bush had only signed two We know that al Qaeda wants to Ms. SCHAKOWSKY. Mr. Speaker, the substantial bills into law this year. launch more attacks here. Do you editorial in yesterday’s USA Today, en- And, now, House Republicans want to think that this deal presents a golden titled ‘‘Bush Readies First Veto, Dash- spend the entire week distracting and opportunity for al Qaeda to infiltrate ing Hopes of Millions,’’ says it all. The dividing our Nation with pieces of leg- our ports, to smuggle weapons of mass editorial begins: ‘‘A quarter-century islation that will never be signed into destruction into the United States? from now, when the benefits of embry- law. This is not what the American Last year more than 11 million cargo onic stem cell research are finally real- people sent us here to do. containers entered the United States. ized, Americans are likely to shake They have yet to join us in offering a Do you want a company in Oman man- their heads in astonishment at this stand-alone vote to increase the min- aging this flow of who knows what into week’s events in Washington.’’ our borders? Would you let any com- imum wage, which about 60 to 70 per- cent of people polled said they agree But President Bush is not the only pany that operates in Oman run our one to blame. House Republicans had a airport security? with. Because of their cozy relationship chance to join us in overriding the The Oman Free Trade Agreement President’s veto. They refused. Instead, hands over the keys to any company with Big Oil, they have yet to provide American consumers any relief at the they rubber-stamped the wishes of the that operates in Oman. Think about it, President and, in doing so, dashed the and vote ‘‘no’’ on this stupid, ridicu- gas pump. In my district it is over $3.35. hopes of millions of Americans. lous deal. The legislation offered us a real op- When the American people find out about Earlier this year, House Republicans promised they would clean up the place portunity to find cures for diseases the port provision of this agreement they will such as diabetes, Parkinson’s, Alz- be outraged. after several Republican lobbyists pleaded guilty in the Abramoff scandal. heimer’s, cancer and MS that are cur- f But still we have yet to pass any final rently afflicting millions of Americans. b 1015 legislation. This research has been put on hold for Mr. Speaker, no wonder House Re- far too long by an administration that PIEDMONT HEALTH CARE publicans are trying to distract the chooses to stifle groundbreaking (Mr. GINGREY asked and was given American public. This is not a record I science. permission to address the House for 1 would want to run on either. Mr. Speaker, this was a golden oppor- minute and to revise and extend his re- f tunity for this Congress to give sci- marks.) entists and researchers the tools they Mr. GINGREY. Mr. Speaker, I rise FISCAL MISMANAGEMENT need to save lives. House Republicans today to congratulate two Georgia hos- (Mr. FLAKE asked and was given refused to join us in moving this Na- pitals, Piedmont and Piedmont Fay- permission to address the House for 1 tion forward. The stem cell vote yes- ette, which this month were named two minute.) terday is the latest example of why of the Nation’s Most Wired Hospitals Mr. FLAKE. Mr. Speaker, last year’s new leadership is needed to take our by a Benchmarking survey. highway authorization bill, better country in a new direction.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5496 CONGRESSIONAL RECORD — HOUSE July 20, 2006 CREDIT CARD ABUSE AT Mr. Speaker, it is time for a change. I congratulate the people of Ramapo on HOMELAND SECURITY It is time for a new direction. achieving this great honor. (Mr. STEARNS asked and was given f f permission to address the House for 1 NATIONAL SECURITY THE WAYWARD REID-KENNEDY minute and to revise and extend his re- (Mrs. BLACKBURN asked and was SENATE IMMIGRATION BILL marks.) given permission to address the House (Mr. PRICE of Georgia asked and was Mr. STEARNS. Mr. Speaker, the for 1 minute and to revise and extend given permission to address the House GAO recently reported that 9,000 credit her remarks.) for 1 minute.) card holders at the Department of Mrs. BLACKBURN. Mr. Speaker, you Mr. PRICE of Georgia. Mr. Speaker, Homeland Security used their official know, we are seeing it on the front some have asked why the House will be cards for more than $420 million worth page of Roll Call today, talking about holding hearings around our country of goods and services last year, making the security message, where the leader- about illegal immigration. Well, the it the top purchasing agency in the ship in this House has been focused for concise reason is the out-of-touch Reid- Federal Government. a long time now. Kennedy Senate bill. The purchases were made using gov- We know that national security is se- The Senate passed legislation that ernment credit cards with a congres- curing this country, making an aggres- clearly flies in the face of common sionally approved spending limit of sive move in the war on terror, being sense. The American people don’t want $250,000 that the GAO said resulted in sure that we support our troops, mak- amnesty. The Reid-Kennedy Bill in- numerous cases of fraud and abuse of ing sure that we have a Nation that is cludes it. The American people don’t taxpayers’ dollars. safe, where we can live, where we can want to provide Social Security bene- Nearly half the purchases were made work, go to school, go to our busi- fits to illegal aliens. The Reid-Kennedy without prior written authorization, nesses, have secure communities and bill includes it. and 63 percent did not have evidence be secure in our American hopes and The Senate voted to give illegals that the goods or services were actu- dreams. things that American citizens, legal ally received, the report said. How ter- We also know that a key component American citizens, don’t get, like in- rible and outrageous this abuse is. of this national security agenda is bor- state college tuition for all. Surely the spending limit is too high. der security, and I commend the House This makes no sense. It is unaccept- It is very important that this agency leadership for staying focused on secur- able and it is unbelievable and it is just enforce adequate internal controls to ing the border first. plain wrong. ensure that card holders are respon- It is an imperative for us, Mr. Speak- The American people are fed up with sibly using their cards. I call upon the er. We have to stop illegal entry into this reckless attitude and poor policy. homeland security officials to stop this this country. Illegal entry has turned Acceptance of the Senate plan is some- abuse. every State into a border State, every thing for which the House will not f town into a border town, and the peo- stand; and once the American people ple of this Nation know that it will not know about it, through our hearings, REPUBLICANS CHANGE TUNE ON change until we secure our border. they won’t stand for it either. Then the IRAQ f American people will speak with such (Mr. EMANUEL asked and was given passion and vehemence and clarity RAMAPO AMONG BEST PLACES TO permission to address the House for 1 that the House and Senate may act to- LIVE minute.) gether and do the right thing first, con- Mr. EMANUEL. Mr. Speaker, just 6 (Mr. ENGEL asked and was given trol our borders and enforce current weeks ago, Zarqawi was killed in Iraq. permission to address the House for 1 law. Five weeks ago, the House held a de- minute and to revise and extend his re- f bate on Iraq in which Republicans be- marks.) littled Democrats for questioning the Mr. ENGEL. Mr. Speaker, I am happy HOUSE REPUBLICANS DISTRACT President’s strategy. to report that Money Magazine has AND DIVIDE Said my colleague from North Caro- just named the town of Ramapo, in (Mr. CARNAHAN asked and was lina: ‘‘There are those who want to Rockland County in my district, as one given permission to address the House deny that we are making progress in of the 100 best places to live in the for 1 minute.) Iraq.’’ United States, ranking Ramapo as 49. Mr. CARNAHAN. Mr. Speaker, it is But no matter how hard my Repub- I congratulate Ramapo and its town bad enough that out of the 201 days lican colleagues try, they cannot es- supervisor, Christopher St. Lawrence, this year this House has only been in cape the facts on the ground. After the who has done a wonderful job in lead- session for 63. We are on track for this most violent month in Iraq and a U.N. ing that town. Ramapo, with a popu- House to meet even less than the noto- report estimating that more than 100 lation of 110,000 residents, is the largest rious ‘‘Do Nothing Congress’’ that Mis- Iraqis are being killed per day, the Re- town in Rockland County, with a third souri’s Harry Truman ran against in publicans are singing a different tune. of Rockland’s inhabitants. It combines 1948. This morning’s Washington Post such densely populated places as But now the House Republican lead- reads: ‘‘GOP Lawmakers Edge Away Spring Valley, Muncie, New Square ership has dedicated themselves to a from Optimism on Iraq.’’ And that with the country settings of Chestnut distract and divide agenda, even while same North Carolina lawmaker is Ridge, Suffern, and Wesley Hills. we face growing challenges at home quoted as saying: ‘‘We can’t look like Half of Ramapo is designated park and crisis abroad. we won’t face reality.’’ land. Businesses have invested more This week their agenda called for Well, here’s reality: when the Presi- than $1 billion in the past 4 years. The supporting President Bush’s veto of the dent went to war with too few troops, town has the highest bond rating in the landmark stem cell bill that would not enough body armor, and not country. A new state-of-the-art cardiac move us closer to lifesaving cures for enough armed Humvees, and without a care unit has opened at Good Samari- diseases like Parkinson’s, Alzheimer’s, plan for occupation, the Republican tan Hospital in Suffern. They have and cancer. Majority Republicans are Congress failed their oversight respon- great schools, and $125 million has been cutting off hope for millions of Ameri- sibilities. invested in a water treatment plant. cans, all so they can satisfy their base Lieutenant General Greg Newbold Three years ago, Money Magazine on the far right. Do they really want to said, ‘‘To be sure, the Bush administra- named Ramapo as the second best keep research from finding cures to tion and senior military officials are place to live in the Northeast. This these diseases so we can save millions not alone in their culpability.’’ Mem- year the ranking was done on a nation- of lives? Their agenda is not our agen- bers of Congress defaulted in fulfilling wide basis. da. their constitutional responsibility of I am proud to represent Rockland With only one week left before the oversight. and Ramapo in the U.S. Congress, and August recess, House Republicans

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5497 refuse to address the issues that are of only, I yield the customary 30 minutes nize that we have an opportunity to real concern to American people. It is to the gentlewoman from California create and expand the marketplace for time we take America in a new direc- (Ms. MATSUI), pending which I yield U.S. goods and services by reaching tion. myself such time as I may consume. fair trade agreements with our inter- f During consideration of this resolu- national trading partners. This agree- tion, all time yielded is for the purpose ment will contribute to economic STEM CELL RESEARCH of debate only. growth and trade between the U.S. and (Mr. PITTS asked and was given per- (Mr. HASTINGS of Washington asked Oman; generate export opportunities mission to address the House for 1 and was given permission to revise and for U.S. companies, farmers, and ranch- minute.) extend his remarks.) ers; help create jobs in both countries; Mr. PITTS. Mr. Speaker, President Mr. HASTINGS of Washington. Mr. and help American consumers save Bush issued the first veto of his Presi- Speaker, House Resolution 925 is a money while offering them greater dency yesterday, and it was the right closed rule providing for 2 hours of de- choices. thing to do. bate in the House, equally divided and My home State of Washington, for By sustaining that veto last night, controlled by the chairman and rank- example, is one of the most trade-de- after more than a year of rhetoric, ing minority member of the Committee pendent States in the Nation, and our much of it misleading, we have come on Ways and Means. economy depends on fair trade. From down on the side of protecting human The rule waives all points of order agriculture to high tech to manufac- life. And we have saved the American against consideration of the bill. It turing industries, Washington State taxpayer from being forced to fund un- also provides that pursuant to section and our Nation are in a position to ben- ethical and unsuccessful research in- 151 of the Trade Act of 1974, the pre- efit by having more trading partners. volving the destruction of human em- vious question shall be considered as One area where trade with Oman bryos. ordered on the bill to final passage shows great promise for America is in Though a chapter in this debate has without intervening motion. the area of commercial aircraft. Oman now been closed, this issue is not going Lastly, the resolution provides that Air recently purchased Boeing 737 air- away. As we move forward, I hope we during consideration of the bill, not- planes valued at $200 million at catalog will keep in mind what we have withstanding the operation of the pre- prices. We want to continue to encour- learned. The choice doesn’t have to be vious question, the Chair may postpone age these kinds of sales to Oman and in between doing stem cell research and further consideration of the bill to a the broader Middle East, which, of not doing stem cell research. There are time designated by the Speaker in con- course, creates new jobs here at home. In addition to the new commercial ethical, life-affirming methods of doing sonance with section 151 of the Trade opportunities it provides, this agree- this research that are producing suc- Act of 1974. ment will support many of the recent cessful treatments today using adult Mr. Speaker, House Resolution 925 provides for the consideration of H.R. government, legal, and economic re- stem cells. forms in Oman, which are important to Let’s move forward with stem cell re- 5684, a bill to implement the United States-Oman Free Trade Agreement, in bringing stability to the Middle East search, Mr. Speaker, but let’s do it in region. In 2003 President Bush proposed an ethical way. accordance with trade measures nego- tiated under the Trade Promotion Au- completion of a Middle East Free f thority. Under these procedures, once Trade Area by 2013 as part of a plan to b 1030 the administration formally submits fight terrorism by supporting Middle East economic growth and democracy PROVIDING FOR CONSIDERATION the final legislative language to Con- gress, it may not be amended. through trade. OF H.R. 5684, UNITED STATES- The United States-Oman Free Trade Former United States Trade Rep Rob OMAN FREE TRADE AGREEMENT Agreement Implementation Act would Portman signed the United States- IMPLEMENTATION ACT be the fifth bilateral trade agreement Oman Free Trade Agreement on Janu- reached between the United States and Mr. HASTINGS of Washington. Mr. ary 19, 2006. Under the agreement, all a Middle Eastern country. It is yet an- Speaker, by direction of the Com- consumer and industrial goods traded other step in the right direction toward mittee on Rules, I call up House Reso- between the U.S. and Oman will imme- integrating fair trade policies and eco- lution 925 and ask for its immediate diately be duty free, and 87 percent of nomic reforms to support a more stable consideration. the U.S. agriculture tariff lines will and prosperous Middle East. This The Clerk read the resolution, as fol- gain immediate duty-free access with agreement will send a strong signal to lows: the remaining tariffs phased out over a H. RES. 925 countries in that region about the ben- 10-year period. It provides wide access efits of closer economic and political Resolved, That upon the adoption of this and sets a strong precedent for opening ties to the United States. resolution it shall be in order without inter- up opportunities for services for U.S. vention of any point of order to consider in The Committee on Ways and Means firms, contains robust protections for favorably reported H.R. 5684 last May. the House the bill (H.R. 5684) to implement U.S. intellectual property rights hold- the United States-Oman Free Trade Agree- Accordingly, Mr. Speaker, I urge my ment. The bill shall be considered as read. ers, and includes strong labor and envi- colleagues to support House Resolution The bill shall be debatable for two hours ronmental provisions. 925 and the underlying bill. equally divided and controlled by the chair- Oman enacted broad labor reforms in Mr. Speaker, I reserve the balance of man and ranking minority member of the 2003, Mr. Speaker, and has followed up my time. Committee on Ways and Means. Pursuant to with specific commitments to ensure Ms. MATSUI. Mr. Speaker, I thank section 151 of the Trade Act of 1974, the pre- that its laws provide strong protec- the gentleman from Washington for vious question shall be considered as ordered tions for workers consistent with inter- yielding me this time, and I yield my- on the bill to final passage without inter- national standards. Oman enacted vening motion. self such time as I may consume. many of these reforms earlier this SEC. 2. During consideration of H.R. 5684 (Ms. MATSUI asked and was given pursuant to this resolution, notwithstanding month and has pledged to enact the re- permission to revise and extend her re- the operation of the previous question, the maining reforms by this November. marks.) Chair may postpone further consideration of This agreement makes it clear that it Ms. MATSUI. Mr. Speaker, today we the bill to a time designated by the Speaker is inappropriate for Oman to weaken or debate another free trade agreement. in consonance with section 151 of the Trade reduce domestic labor protections or We all know well-crafted trade policy Act of 1974. environmental laws to encourage trade is capable of spreading benefits to a The SPEAKER pro tempore (Mr. or investment and that this obligation broad portion of the population while KOLBE). The gentleman from Wash- is enforceable through specific dispute promoting innovation and solidifying ington (Mr. HASTINGS) is recognized for settlement procedures. partnerships between and among na- 1 hour. Mr. Speaker, the United States tions. Mr. HASTINGS of Washington. Mr. makes up only 4 percent of the world’s As a leader in the global economy, Speaker, for the purpose of debate population. Therefore, we must recog- the United States has the ability and

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5498 CONGRESSIONAL RECORD — HOUSE July 20, 2006 the responsibility to use trade agree- and took steps to make sure those receiving leads the majority to recon- ments to effect positive change here at standards were being adhered to on the sider its approach. I hope it makes home and abroad. Unfortunately, the ground immediately. Oman has taken them ask: Is it worth rushing this Oman Free Trade Agreement, which we no such actions. As a result, the United agreement to passage with inadequate are considering, continues the recent States-Oman Free Trade Agreement assurances on labor protections when trend toward divisive partnership on fails workers in Oman and here in the we might be able to achieve them in a trade. United States. number of weeks? Is it really worth Because of the majority’s approach This sends a message to the world cutting the minority out of the nego- on trade policy, you have a lot of that the United States does not respect tiations? Democrats, who I believe are inclined the hardworking men and women that In my opinion, the answers to these to vote for free trade agreements, vot- fuel the global economy. That is ex- questions are obvious. Partisanship ing against this pact. I am dis- traordinarily unwise, particularly con- tears this House apart every week we appointed the administration and the sidering the challenges we are facing are in session. Look at the tone of the Republican leadership have missed an- all around the globe today. debate on the floor this week. It is other opportunity to return to a bipar- I had hoped that the bipartisan oppo- time for a new direction; and trade, be- tisan consensus on trade. The majority sition to CAFTA might make it clear cause it is such a critical issue, would once again cut Democrats out of the to the Bush administration that a be an ideal place to start. negotiations and produced another free broad cross-section of this House would I continue to have hope that we can trade agreement that fails to protect not accept trade agreements which fail regain the spirit of cooperation on the basic rights of workers. to ensure fundamental rights for work- trade that has served this House so Like the Central American Free ers. That is apparently not the case be- well in the past. It is a goal that is Trade Agreement, CAFTA, which I cause this agreement is another step within reach. I urge Members on both voted against a year ago, the labor pro- backwards for workers. Further, it sides of the aisle to commit to achiev- visions of the Oman Free Trade Agree- demonstrates this administration’s re- ing it. ment only require Oman to enforce its fusal to use trade to better the lives of Mr. Speaker, I reserve the balance of own labor laws. At this time Oman’s the broad portion of working families, my time. laws do not come close to meeting not a select few. Mr. HASTINGS of Washington. Mr. And yesterday at the Rules Com- International Labor Organization Speaker, I yield myself such time as I mittee, Representative CARDIN high- standards. This is a threshold that may consume. lighted a potentially serious concern Ways and Means Democrats have set Mr. Speaker, I will respond to a cou- about port security. The provision im- for labor provisions in trade agree- ple of points that my friend from Cali- poses a burdensome process should the ments, and it is quite reasonable. The fornia made. Regarding the labor lan- United States Government choose to United States-Oman Free Trade Agree- guage in this trade agreement, it is es- protect its citizens from potentially ment does not meet it. sentially the same language that was dangerous foreign control over United Of utmost concern, Oman’s laws do in the Bahrain trade agreement that, States port operations. Representative not guarantee the freedom of associa- of course, is in the same part geo- CARDIN offered a second amendment tion and the right to bargain collec- graphically in the world as Oman. yesterday in the Rules Committee that tively. It does not even prohibit human would have addressed this concern. b 1045 trafficking and forced labor. In Oman today unions do not exist. However, like his other commonsense I would just remind my colleagues There are only labor management com- amendment on labor provisions, it was that that language and that trade mittees where management holds over rejected. This scenario is another rea- agreement were acceptable to my 70 percent of the leadership positions. son Members should reject this agree- friend from California. She voted in ment as currently written. In no way is this even close to rep- favor of the Bahrain trade agreement, I know these amendments would in- resentation the workers here have as did the gentleman from Maryland, terrupt the fast-track process. How- whom she referenced. achieved after decades of struggle. ever, I believe the issues raised by Mr. Ways and Means Committee Demo- Mr. Speaker, I would also like to re- CARDIN’s amendments warrant reject- crats tried to work with the Govern- spond to the concerns that this agree- ing this agreement as currently writ- ment of Oman to revise its labor laws, ment poses national security issues ten. By doing so, we can put together a and they were very clear about what and concerns that a third-party tri- framework that addresses these very steps needed to be taken: Specifically, bunal would have ultimate say over serious concerns on port security and our security issues. make sure Oman’s laws conform to workers’ rights. basic labor standards and begin to im- Congress needs to push the adminis- The U.S.-Oman Free Trade Agree- plement existing laws in a manner that tration to step back and rethink its ment, like previous trade agreements, complies with the principles estab- trade policy. The United States cannot treats Omani landside service providers lished by the International Labor Orga- afford to abandon its role as a leader in and investors no less favorably than nization. These are not radical re- the global economy nor can we aban- our own landside service suppliers. quests. Yet the majority and Oman don our duty to working families both These landside activities include un- have not acceded to them. here and abroad. loading vessels, marine cargo handling, Just yesterday Representative We need to embrace the benefits of and ship cleaning. CARDIN offered a reasonable amend- trade while still respecting the funda- When an entity participates in these ment that would have delayed imple- mental rights of workers. I sincerely landside aspects of port activities, it mentation of this agreement until hope that my colleagues on both sides does not control, manage or operate a Oman came into compliance with these of the aisle will work together to U.S. port. That always remains the re- standards. That amendment was re- achieve such a balance in considering sponsibility of the port authority. jected. The Omani Government at- future trade policy. Nothing in this agreement, Mr. tempted to pacify our labor concerns When we debated CAFTA, I said, ‘‘If Speaker, before us today prohibits the with an 11th-hour royal decree. Unfor- we do not get CAFTA right, we risk un- U.S. from reviewing foreign investment tunately, it fully addressed only one of dercutting support for all future trade transactions in order to ensure our na- the 10 deficiencies outlined by Ways agreements.’’ Well, we did not get tional security. More importantly, it and Means Democrats. So this is not a CAFTA right, and now we are doing it expressly permits the U.S. to block a valid argument. again on Oman. The majority is just potential port acquisition by claiming The situation I just described is quite digging us all into a deeper hole, mak- national security interests. a contrast to the United States-Bah- ing it that much more difficult to es- As you see, Mr. Speaker, all of our rain Free Trade Agreement negotia- tablish the trust required for balanced trade agreements, including this one, tions. Bahrain made commitments to trade negotiations. contain an article called ‘‘essential se- modify its laws to adhere to Inter- I hope the scrutiny that this rel- curity,’’ which is self-judging, meaning national Labor Organization standards atively small free trade agreement is that it is up to an individual country

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5499 to determine whether a particular mat- blocked that transaction. It was the process. Oman has also implemented ter is necessary for the protection of right thing to do for the security of economic changes that will make entry its essential security interests. All the America and the security of our ports. into its domestic and international commitments that we undertake in Under this agreement, if Dubai Ports markets more accessible to private trade agreements are subject to this World had an operation within Oman, citizens. provision. they would be permitted to apply to do Additionally, the FTA has stipula- Under this article, nothing in an those same operations here in the tions that Oman complete labor re- agreement can prevent us from apply- United States and they would be per- forms by October 31 of this year. How- ing measures that we consider nec- mitted to do that under the free trade ever, of its own volition, Oman began essary for the protection of our essen- agreement. enacting these reforms beginning in tial security interests. Therefore, the I have heard my colleagues suggest 2003, and earlier this month many of ultimate decision on what is necessary that we can just invoke the essential the remaining reforms were imple- to protect our essential services rests security exception to an agreement, mented by a royal decree. Some of the with the United States, not a third- and you are correct, we can invoke the recent changes include dispute settle- party tribunal. essential security exception and block ment procedures for labor representa- Finally, Mr. Speaker, history and the transaction. But then we are sub- tives, the ability to call for strikes, precedent also indicate that no third- ject to dispute settlement procedures. and strengthening of legal protections party dispute panel or tribunal has We never give up our sovereignty in for women and foreign workers. Oman ever heard any arguments, much less trade agreements, but we changed our has ratified the International Labor issued a decision, related to the scope tax laws because of international pres- Organization conventions against child and application of any national secu- sure when we thought we didn’t have and forced labor. rity exception contained in a national to, because otherwise we would have Not only has Oman undertaken do- trade or investment agreement. been subjected to tariffs against U.S. mestic reforms, but it has also made So those issues, while they may be products. The same thing is true here. strides to change its international pol- nice to talk about, really have no bear- If the dispute panel rules against us, icy by pulling out of the Arab League ing on the trade agreements that we then we are subjecting ourselves to boycott of Israel and repealing all as- have had in the past. sanctions. pects of the boycott. This shows a clear Mr. Speaker, I reserve the balance of Our USTR says this is absolute, they commitment to Oman’s desire to func- my time. can’t do that. But let me remind you, tion in accordance with international Ms. MATSUI. Mr. Speaker, I yield 4 we have lost 83 percent of our cases in trade norms of equality and full mar- minutes to the gentleman from Mary- dispute settlement procedures where ket access. The 9/11 Commission report states land (Mr. CARDIN). sanctions have been imposed against that economic reforms will be the key Mr. CARDIN. Mr. Speaker, I thank our country. So we haven’t been that to changing the cultural landscape in my friend from California for yielding successful in these international tribu- the Middle East. As such, this FTA is me time. nals. about much more than trade; it is a Mr. Speaker, I am disappointed today Let me also point out that by includ- tool for advancing U.S. strategic inter- that we are about to consider a free ing this language in this bill, there will ests. Oman is a key ally in the global trade agreement with Oman that I be continued pressure on this adminis- war on terror and has provided critical would have hoped we would have tration to allow foreign government assistance to our Armed Forces in Iraq worked out so we could have had companies to operate ports here in the strong bipartisan support. Unfortu- and Afghanistan. United States. We have an administra- In short, this U.S.-Oman FTA will nately, the agreement comes up short tion that is friendly towards that. help to improve our market access and on international labor standards, and I We have the responsibility in Con- increase national security; and, there- believe we could have achieved those gress to protect our ports and protect fore, I would like to reiterate my international labor standards to make our Nation. It is our responsibility. I strong support for this mutually bene- sure that Oman complies with ILO urge my colleagues to defeat the pre- ficial agreement. standards. But, unfortunately, there vious question so that we can protect Ms. MATSUI. Mr. Speaker, I yield 2 was an unwillingness on the part of the the ports here in America and make it minutes to the gentlewoman from Cali- negotiators to complete the agreement clear, by simply taking out that one fornia (Ms. LINDA T. SA´ NCHEZ). in a way that could have gotten more provision that would allow the oper- Ms. LINDA T. SA´ NCHEZ of Cali- support. ation of port facilities potentially by fornia. Mr. Speaker, I rise today to ask The second issue that I take, particu- companies owned by countries that are my colleagues to vote ‘‘no’’ on the pre- larly with this rule, because I am going not friendly to the United States. vious question. This would allow us to to support the gentlewoman’s position This is an important issue, and I urge consider the Cardin amendment to of opposing the previous question, is to all my colleagues to pay attention to close the loophole in the agreement deal with a very sensitive issue of port this. This is our vote and our oppor- that would allow a foreign company security. So let me try to explain the tunity, and I urge the defeat of the pre- based in Oman to operate U.S. port fa- port security issue, because I think vious question. cilities. there have been some misstatements Mr. HASTINGS of Washington. Mr. Earlier on I was opposed to the Oman on the floor of the House. Speaker, I am pleased to yield 3 min- Free Trade Agreement because it un- This agreement permits Oman to op- utes to the gentlewoman from Florida dermines fundamental workers’ rights. erate landside aspects of port activi- (Ms. ROS-LEHTINEN). This free trade agreement is another ties, including operation and mainte- Ms. ROS-LEHTINEN. Mr. Speaker, I blow to working families, exporting nance of docks, loading and unloading thank the chairman for the time. more of our jobs overseas. But I was of vessels directly to and from land, I rise in strong support of the U.S.- shocked to learn that it could underpin marine cargo handling, operation and Oman Free Trade Agreement. Fol- the basic safety and security of those maintenance of piers, ship cleaning, lowing the U.S.-Bahrain Free Trade who I was sent here to represent. stevedoring, transfer of cargo between Agreement last year, Mr. Speaker, the I come from a community that is di- vessels and trucks, trains, pipelines U.S.-Oman FTA sends a clear message rectly tied to this Nation’s largest and wharves and waterfront terminal that we are committed to improving port, the Port of Long Beach. The safe- operations. our relationship with the Middle East ty and security of this port and all That is exactly what Dubai Ports while improving our international other American ports are essential to World tried to do in ports in this coun- trade interests. our country. try, including my own Port of Balti- The agreement goes beyond address- The Oman FTA directly threatens more. We spoke up and the American ing trade issues. As part of the FTA, our ability to control our Nation’s people spoke up against allowing a for- Oman commits to intensifying its po- ports. The creators of this deal com- eign company to operate port facilities litical reform efforts to enhance par- pletely ignored Congress’ over- here in the United States, and we ticipation of all of its citizens in the whelming response to the Dubai Ports

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5500 CONGRESSIONAL RECORD — HOUSE July 20, 2006 World deal because, just like that deal, In 1979, Oman supported the Camp Throwing American workers out on the Oman FTA has a very far-reaching David Accords and was one of only the street, moving to countries where provision hidden completely from the three Arab League states which did not people are paid pennies an hour, is bad public eye. break relationships with Egypt after public policy. It has failed. One of the Buried deep in the annex of this the signing of the Egyptian-Israeli definitions of insanity is to do the agreement, our country’s right to de- peace treaty in 1979. same thing over and over again. That termine who operates our ports of In April of 1994, Oman hosted the ple- is what this Congress does. It fails entry is given away. Who gets the new nary meeting of the Water Working every single time. right to control vital American infra- Group of the peace process and was the Mr. Speaker, before we vote for un- structure? Any group of people or gov- first gulf state to do so. fettered free trade with Oman, we ernment that incorporates to do busi- On December 26, 1994, Oman became should consider this. In Oman, the min- ness in Oman. the first gulf state to host an Israeli imum wage ranges from absolutely The same people who supported the Prime Minister, again trying to build zero to $1.30 an hour. The average wage Dubai Ports World deal are now telling on a relationship of peace with another in Oman is about $13,200, below the us that this is, again, nothing to worry important ally of ours in the Middle poverty line for a single mother with about. They were wrong then, and they East. one child living in this country. are wrong now. We should not export Oman has eliminated all aspects of Is that fair competition for American the safety and security of Americans. I the Arab boycott of Israel. In 2005 and workers? In addition, Mr. Speaker, we urge again my colleagues to vote ‘‘no’’ 2006, senior Omani officials issued let- hear a lot from this administration and on the previous question. ters affirming that Oman has no boy- my Republican colleagues about the Mr. HASTINGS of Washington. Mr. cott in place against Israel. Oman was need to support freedom. Well, are the one of the first regional states to offer Speaker, I am pleased to yield 31⁄2 min- people in Oman free to elect their lead- utes to the gentleman from Texas (Mr. recognition to the U.S.-appointed Iraqi er? What was the result in the last Governing Council in 2003 and backed CONAWAY). election? We didn’t hear much about Mr. CONAWAY. Mr. Speaker, I thank the Iraqi elections that took place in that, because they don’t have elec- the gentleman for the time. January 2005. tions. This agreement with Oman illus- Mr. Speaker, I rise to speak in sup- Oman is a hereditary monarchy. Is trates the importance of trade liberal- port today of the Oman Free Trade there freedom of religion, freedom of ization and security cooperation, both Agreement. It is an important out- speech, freedom of the press in Oman? of which further our national interests reach and step that this country ought No, there is not. Mr. Speaker, in the from an economic and security stand- to be making and I think we will make. last 5 years alone, we have lost nearly point. We must not turn our backs on I would like to comment just briefly 3 million decent paying manufacturing the peace-promoting leader in this re- on a couple of the previous speakers. jobs, 17 percent of our total. In 1993, be- gion. Oman is dependable, and it is They appear to be relying on stock cer- fore NAFTA, our trade deficit was over critical that we continue to build on tificates to protect our ports. The $70 billion. Last year, after unfettered this relationship. truth of the matter is, I agree with free trade, it was over $715 billion. This them wholeheartedly that protecting b 1100 year it is expected to top $800 billion. our ports is in the vital interests of Please join me in supporting the pre- The time is now to rethink our policy this country. No one would argue about vious question on the rule and in sup- with regard to unfettered free trade. that. port of the Oman Free Trade Agree- Mr. HASTINGS of Washington. Mr. But simply the fact who owns a par- ment that will be brought to the floor Speaker, I reserve the balance of my ticular company is scant comfort when later today. time. 1 it comes to control of the ports, as well Ms. MATSUI. Mr. Speaker, I yield 31⁄2 Ms. MATSUI. Mr. Speaker, I yield 2 ⁄2 as the security surrounding all of the minutes to the gentleman from minutes to the gentlewoman from Illi- ports. All the conduct that goes on, the Vermont (Mr. SANDERS). nois (Ms. SCHAKOWSKY). goods and services are moved through Mr. SANDERS. Mr. Speaker, I rise in Ms. SCHAKOWSKY. I thank the gen- there. The scheduling and the actual strong opposition to this agreement. tlewoman for yielding. control of our security by the Coast Unfettered free trade is one of the Mr. Speaker, as a union member and Guard, to me is a much better way to major reasons why in our country as a Member of this body, and as some- secure our ports than simply worrying today the middle class is shrinking; one who wants to expand U.S. trade re- about the stock certificates of the why for 5 straight years family median lations, nonetheless I feel obligated to companies that provide the services of income has declined, while in the last 5 oppose this rule and the Oman Free scheduling, loading and unloading. years 5 million more Americans have Trade Agreement we will consider The United States free trade agree- slipped into poverty; why millions of today. ment with Oman represents more than Americans are working longer hours The Bush administration and con- just simple economics and trade. Sup- for lower wages. gressional Republicans are again try- port for this agreement represents Yes, I acknowledge at a time when ing to force passage of a trade agree- building a relationship and strength- the CEOs of large corporations earn 400 ment that willfully undermines labor ening with a peaceful ally in the Mid- times what their workers are making, rights in Oman and economic and dle East that has a proven track at a time when large corporations are homeland security for hardworking record. throwing American workers out on the Americans in this country. Let me run through a couple of street and moving to low-wage coun- Democrats have called for such things that I think are important when tries, yes, free trade has worked very, standards in every agreement nego- we talk about who is Oman and why very well for the large multinationals. tiated by this administration, and each should we enter into some sort of bilat- But maybe, just maybe, once in a time we have been let down by the eral free trade agreement with Oman. long while, the Republican leadership President and his allies here in Con- Oman has been a proven leader in the might want to consider the middle gress. In sending the Oman trade agree- Persian Gulf in establishing trade and class of this country, working families, ment to the Hill, the Bush administra- other ties with Israel. Since 1970, Oman lower-income people and not just the tion has also astonishingly opted to has pursued a moderate foreign policy wealthiest people. send Congress an agreement in which and expanded its diplomatic relation- Mr. Speaker, the American middle he refused to include a prohibition on ships dramatically. class should no longer be forced to forced or slave labor. Oman has also worked to develop compete against workers in China, Is this how we spread democracy in close ties with its neighbors in the Vietnam, and other countries where the Middle East? Is this how the U.S. Middle East. Oman joined the six-mem- desperate people, through no fault of best improves the lives in the Middle ber Gulf Cooperation Council when it their own, are forced in some cases to East and advances our own security in- was established and traditionally sup- work for wages as low as 30 cents an terests? Another bizarre decision the ports Middle East peace initiatives. hour. That is not a level playing field. President made is to put in jeopardy

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5501 the security of our ports and other Mr. Speaker, I do not know what sued by this administration and this critical landside homeland security more they can do. They are an active Congress. We have to realize the fact functions. This Oman agreement ex- supporter of the United States against that we have minority home ownership plicitly paves the way for companies terrorism, and as this letter from at an all-time high. We have unemploy- like Dubai Ports World to gain control AIPAC says, they have been willing to ment at a 4.6 percent rate. of our ports. take on the Arab world and break the The first quarter of this year, we saw Those who disagree with this argu- Arab boycott against Israel, the pri- gross domestic product growth at 5.6 ment refuse to acknowledge that the mary, secondary and tertiary boycott. percent. We have seen inflation, based fact that in the best-case scenario, And here we are, we debated all night on the projections outlined by the with the President utilizing every na- last night about the resolution in the Chairman of the Federal Reserve, Mr. tional security waiver at his disposal, Middle East. Bernanke, yesterday, tempering. the final decision on such a matter will We know the number of lives that are We are seeing predictions for strong be left out of U.S. hands and left to an being lost, the conflagration that is economic growth. And, Mr. Speaker, it international tribunal. taking place, and we will not reach out is due in large part to our pursuit of I would think the Republican leader- to an Arab nation that is our most im- breaking down barriers to expand the ship could at least agree that we portant ally, that is exactly what we opportunity for greater trade and for should not outsource our core home- are hoping to achieve in terms of eco- job creation right here in the United land security functions and decisions. nomic and social liberalization. States of America. In a country like Oman, where meager They have agreed to comply with all Now, this agreement that we are rights for workers fall well below the of the International Labor Organiza- going to be facing today, which I am International Labor Organization’s tion’s standards. They will have collec- very pleased will enjoy bipartisan sup- standards, where the Sultan can tive bargaining, unionization. They are port, as I said, is an agreement that I change any law by decree, and where going to open up their industries to believe really transcends the simple there are no independent unions, Con- outside review and competition. And economic questions that we face today, gress should be especially vigilant. what do they want to buy? They want the economic questions of important Mr. Speaker, we must ensure that to buy transport equipment and manu- job creation in the United States. But the vote that we face today is a any trade agreement with Oman, or factured products, products that gen- very important geopolitical question. any country, contains hard and fast erate jobs in the United States. Now, my friend from Virginia (Mr. labor standards. The Oman FTA does And what are they going to sell to MORAN) talked about the strategic im- not. This is a loser on homeland secu- us? It is primarily oil that does not portance of Oman. My friend from rity, for job security and for the best generate jobs in the Arab world. That Texas (Mr. CONAWAY) earlier talked interests of Omanis. It should be de- is part of the problem. But the Sultan about the fact that Oman was the first feated. of Oman understands that the vast ma- gulf nation to host an Israeli Prime Mr. HASTINGS of Washington. Mr. jority, more than 60 percent of his pop- Minister. Speaker, I reserve the balance of my ulation, are under the age of 18. He gets We have talked about the fact that time. it. He understands. He needs to move over the past many decades, we have Ms. MATSUI. Mr. Speaker, I yield 3 into the modern world. But he needs seen a very important relationship minutes to the gentleman from Vir- American support to do that. that has existed between Oman and the ginia (Mr. MORAN). This trade treaty needs to pass. United States of America. And one of Mr. MORAN of Virginia. Mr. Speak- Mr. HASTINGS of Washington. Mr. the things that is important to note is er, I thank my very good friend from Speaker, I yield such time as he may that we, with huge bipartisan numbers, the Rules Committee for yielding me consume to the gentleman from Cali- put into place the U.S.-Bahrain Free time. fornia (Mr. DREIER) the distinguished Trade Agreement. Mr. Speaker, I appreciate Ms. MAT- chairman of the Rules Committee, who Mr. Speaker, this agreement is by SUI’s leadership. Mr. Speaker, this leg- is probably one of the individuals in every account an even stronger, better islation needs to pass. This trade this body that works on trade issues agreement from the perspective of agreement is very much in the inter- more than anybody else. worker rights and the other issues that ests of the United States. Oman is our Mr. DREIER. Mr. Speaker, I thank are raised by so many, better than the ally. It is an example of exactly what my friend for yielding. I will correct U.S.-Bahrain Free Trade Agreement. we need to help bring about throughout him by saying that I take a back seat Now, as I talk about the geopolitical the Arab world. to the Speaker pro tem, Mr. KOLBE, issue, Mr. Speaker, I think it is impor- Now, I do not know if everyone in who unfortunately is going to be leav- tant for us to note that one of the this body knows where Oman is lo- ing at the end of this Congress. I have things that we as an institution are cated. It sits at the Strait of Hormuz been very pleased to work with him on doing on a regular basis is encouraging and at the entrance to the Persian a wide range of issues dealing with the building of democratic institutions Gulf. It is in a critically strategic loca- trade globally, and appreciate his stel- around the world, political pluralism, tion. Across that strait lies Iran. More lar service. the rule of law, self-determination. than 20 percent of the world’s oil sup- Mr. Speaker, let me begin by saying And, frankly, we have as an institu- ply passes through that strait. that I want to associate myself, my re- tion been, I think, doing a great job in Oman has remained our ally, not- marks, with my Democratic colleague, helping emerging and reemerging de- withstanding all of the pressure that it Mr. MORAN, underscoring the fact that mocracies. A year ago this spring, has received over generations. It has this is a very important bipartisan Speaker HASTERT and Minority Leader been our ally since 1833 when we passed issue. We as Republicans within the PELOSI put into place a great new com- the Treaty of Amity and Commerce. It Republican leadership, are reaching mission, which I am privileged to was the first Arab country to send an out to Democrats who share our vision chair, and our colleague from North Ambassador to the United States. of pursuing our very, very important Carolina, DAVID PRICE, serves as the Today it is the first and only Arab goal of free trade overall and this very ranking minority member on. It is a bi- country to have a female Ambassador important agreement with Oman. partisan, 16-member commission. to the United States. Now, my colleague from Vermont The Speaker pro tem is a member of It is one of the most open, liberal so- was speaking earlier about the fact our commission. And what we have cieties in the Arab and Muslim world. that unfettered free trade has, in fact, done is we have said we need to take They signed a 10-year military access jeopardized the livelihood of Ameri- new and reemerging democracies agreement in 1981 with the United cans, it has helped the very rich and around the world and help them build States, and they have renewed it twice. hurt the middle class. Nothing could be their parliaments. They continue to be one of the most further from the truth. important logistical and operational One has to look at the overall poli- b 1115 support areas for the present war in cies of the United States of America Now, as we look at the geopolitical Iraq, and were so in the Persian Gulf. and look at the economic policies pur- importance of this issue, Mr. Speaker,

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5502 CONGRESSIONAL RECORD — HOUSE July 20, 2006 I have to tell you that we just, 2 weeks by the superrich. This agreement will ment. Mr. Speaker, I would like to say ago, had our commission in Lebanon, yield no more liberty. that I believe that the North American and we just, days before the attack by We should defeat the resolution and Free Trade Agreement has been an Hezbollah against the Israelis, the kid- this bill. Oman is not a free country. overwhelming success. Today we enjoy napping of the IDF troops, military, we Free trade should only exist among a third of a trillion dollars, with a cap- were on the tarmac in Beirut, having free people. Trade should enhance lib- ital T, in crossborder trade between just come from meetings with the Leb- erty and freedom, not undermine it by Mexico and the United States. anese Parliament. There are parlia- enshrining gross privilege. As President Bill Clinton said when mentarians in Lebanon and many other Exploitation of Oman’s working class he was eulogizing Lloyd Bentsen, the parts of the world who are hoping very by its own rulers, along with imported former Treasury Secretary and Senator much to be able to build those par- labor from poorer countries who have from Texas, he said, were it not for the liaments, to establish their libraries, no rights, underpin the ugly underbelly North American Free Trade Agree- to put into place a committee struc- of Oman, no matter how the gold on ment, this very serious problem that ture that will allow for adequate over- their palaces glitters. we have of illegal immigration would sight of the executive branch, and to do Free trade should benefit America be much, much worse today than it is. many of the things that we have a and America’s workers, so name me a Now, if one realizes that in Mexico tendency to take for granted around free trade agreement that has done we have a burgeoning middle class, a here. that? The gentleman and I were here middle class that is today larger than Now, we know that Oman isn’t an for the passage of the horrible NAFTA the entire Canadian population, and it American-style democracy; we recog- agreement—he voted yes, I voted no. It is continuing to grow, those areas that nize that. A lot of people have been has put hundreds of thousands of our have benefited most greatly from the critical because of it. But the fact of people in this country out of work, and North American Free Trade Agreement the matter is, we need to do all that we it has hurt millions more people in in the northern states of Mexico have can to help those countries that are Mexico. seen tremendous booms in their stand- moving towards the rule of law, and NAFTA has yielded trade deficits ard of living. Oman is clearly one of them, living with Mexico when we used to have sur- Ms. KAPTUR. Would the gentleman with a rules-based trading system, and pluses. Trade deals with Canada, Viet- be happy to yield me a couple of sec- other countries in the region that are nam, and China have not helped Amer- onds on his time? seeking to stand up in this global war ica. Free trade deals help a narrow Mr. DREIER. I am happy to yield to against Islamofascism to do all pos- band of invesors this gentleman is my friend. sible to help us. more than happy to help. MS. KAPTUR. You know, it is amaz- Mr. Speaker, economic liberalization ‘‘Free trade’’ cannot anchor Amer- ing how two people can live in this is a very important part of that goal. I ica’s democratic principles. Indeed, world and view it so differently. The can’t think of a more important vote trade with an undemocratic society ul- exploitation of Mexico’s rural country- after, as Mr. MORAN said, the debate we timately crushes liberty’s cause. side is a continental sacrilege. The rea- had last night on the resolution that Constitutions dedicated to liberties son we have all this illegal immigra- we are going to be voting on before too and rights and justice must come first. tion to our country is NAFTA wiped terribly long, supporting the State of Is America so bankrupt and desperate out the struggling poor of Mexico’s Israel and their action and their right for a landing pad in the Middle East countryside. Does the gentleman have to defend themselves. And now this that we cede more of our fundamental no conscience for them? agreement really goes hand in hand values of liberty globally with yet an- Mr. DREIER. If I could reclaim my with our quest to take on those who other repressive society? time, Mr. Speaker. May I reclaim my want to do in our way of life, who want Free societies exist because people of time? to undermine opportunities for free- those nations believed in liberty first. Ms. KAPTUR. What about our work- dom. America’s trade policy should embody ers? Millions lost jobs because of This is a very good agreement. It is a our enduring values of liberty, not en- NAFTA. good rule that, under the standard shrine pecuniary relationships without Mr. DREIER. Could I reclaim my structure that we have, allows for its principle. time, Mr. Speaker? Am I in control of implementation. So Members should Oman should first take their place at my time? vote ‘‘yes’’ on the previous question freedom’s table, and then let us talk She is claiming that I am somehow when that vote comes forward, and about free trade. exploiting the underclass of Mexico. they should vote ‘‘yes’’ for the rule and I ask my colleagues to defeat the rule Mr. HASTINGS of Washington. Mr. ‘‘yes’’ on final passage for the U.S.- and to defeat the resolution on free Speaker, I yield 1 additional minute to Oman Free Trade Agreement. trade with Oman. It is not a free coun- the gentleman. Ms. MATSUI. Mr. Speaker, I yield 3 try, and it is time America identified The SPEAKER pro tempore (Mr. minutes to the gentlewoman from Ohio with those in the world who aspire for KOLBE). The gentleman is recognized (Ms. KAPTUR). freedom themselves, not just the for 1 additional minute. Ms. KAPTUR. I thank the gentle- superrich. Mr. DREIER. I would say to my woman from California for yielding me Mr. HASTINGS of Washington. Mr. friend, obviously we want to do every- this time and wish to say to my col- Speaker, I yield 2 minutes to the gen- thing that we can to see the standard league from California who just left tleman from California (Mr. DREIER). of living and quality of life for that the podium that one of America’s prob- Mr. DREIER. I thank my friend for underclass that she refers to, as she lems in the Middle East is that we have yielding. Let me begin by saying I have leaves the floor, as I am trying to en- become too identified with the the utmost respect for my friend from gage in this colloquy with her. superrich, undemocratic leaders of Ohio. I greatly revere her passionate I will say that I believe that our poli- those countries who ignore the teeming commitment to her goal. cies have played a big role in enhanc- masses of the poor among them. That Mr. Speaker, I want to say that we ing the standard of living and quality is where ‘‘the resistance’’ comes from. share the same goals. Those goals are of life, and I am not going to be satis- Mr. DREIER. Will the gentlewoman to improve the quality of life for the fied until every single one of those in- yield? middle class and those struggling dividuals does, in fact, see their quality Ms. KAPTUR. As I finish my state- working Americans here in the United of life improve. ment, I will yield some time to the States of America and in other parts of I believe in that economic liberaliza- gentleman. the world. I think that we just have a tion and creating economic oppor- Mr. Speaker, today the House will slightly different view. tunity, which we have done for so consider another so-called free trade You know, the gentlewoman pointed much of Mexico, through the existence agreement, this time with Oman, a na- her finger at me and began engaging in of the—— tion that is not a democracy. In fact, very, very strong language about the Ms. KAPTUR. Would you be kind far from it. It is a sultanate with rule North American Free Trade Agree- enough to yield?

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5503 Mr. DREIER. I am happy to yield. Congress to protect its citizens from House resolved into the Committee of the Ms. KAPTUR. I will just say to the harm. Whole House on the state of the Union for gentleman that post-NAFTA, the If we have to send this agreement consideration of the bill (H.R. 5684) to imple- wages of Mexicans were cut in half. back to the drawing board, so be it. ment the United States-Oman Free Trade Agreement. The first reading of the bill shall Two million people are streaming However Members of this House feel be dispensed with. General debate shall be across this continent because their way about this trade deal, I would hope confined to the bill and shall not exceed two of life has been destroyed. Travel with that they would all realize the danger hours equally divided and controlled by the me to meet these people. In our Nation, of leaving this loophole in place. Vote chairman and ranking minority member of the middle class has lost a million jobs ‘‘no’’ on the previous question so we the Committee on Ways and Means. After to Mexico. Why is it the gentleman re- can protect our ports. general debate the bill shall be considered fuses to see this continental tragedy. Mr. Speaker, I yield back the balance for amendment under the five-minute rule. Mr. DREIER. Mr. Speaker, that is of my time. Notwithstanding section 151 of the Trade Act just plain wrong. That is just plain in- Mr. HASTINGS of Washington. Mr. of 1974 and clause 11 of rule XVIII, no amend- ment to the bill shall be in order except the accurate. If you look at, again, the Speaker, I yield myself the balance of amendment specified in section 2 of this res- standard of living and quality of life in my time. olution. The amendment may be offered only Mexico, it is substantially greater Mr. Speaker, if the issue is on port by Representative Cardin of Maryland or his today than it was before the North security, then I would like to remind designee, shall be considered as read, shall be American Free Trade Agreement. my colleagues of what I had said ear- debatable for 30 minutes equally divided and Ms. KAPTUR. Not for the ordinary lier, that in these trade agreements controlled by the proponent and an oppo- people. there are articles that speak to essen- nent, shall not be subject to amendment, and Mr. DREIER. I believe that these tial security, and these articles are shall not be subject to a demand for division of the question in the House or in the Com- policies are very important for the self-judging, which means it is up to mittee of the Whole. All points of order United States and the world. the individual country to make the de- against the amendment specified in section 2 Ms. KAPTUR. Only for those at the termination as to what their security are waived. At the conclusion of consider- top. interests are. ation of the bill for amendment the Com- Ms. MATSUI. Mr. Speaker, I urge all There is nothing in this agreement mittee shall rise and report the bill to the Members to vote ‘‘no’’ on the previous that can prevent us from applying House with such amendments as may have question. If the previous question is de- what we consider to be security issues. been adopted. The previous question shall be feated, I will amend the rule to make But don’t take my word for it. The considered as ordered on the bill and amend- in order a critical amendment that was ments thereto to final passage without inter- Congressional Research Service, a non- vening motion except one motion to recom- offered in the Rules Committee yester- partisan organization, said, in address- mit with or without instructions. day by Trade Subcommittee Ranking ing this issue and having an inter- SEC. 2. The amendment referred to in the Member CARDIN, but unfortunately was national tribunal judge this, that na- first section of this resolution is as follows: rejected by a straight party-line vote. tional security issues have never been AMENDMENT TO H.R. 5684, AS REPORTED Mr. Speaker, I ask unanimous con- subjected to review by trade panels. OFFERED BY MR. CARDIN OF MARYLAND sent to print the text of the amend- That is a very important distinction. At the end of section 101, add the fol- ment and extraneous materials imme- Further, the Congressional Research lowing: diately prior to the vote on the pre- Service goes on to say: ‘‘The U.S. (c) ADDITIONAL CONDITION FOR ENTRY INTO vious question. should appear to be on solid legal FORCE.—In addition to the provisions of sub- The SPEAKER pro tempore. Is there grounds for asserting not only that the section (b), the President may not provide objection to the request of the gentle- panel does not, the independent panel, for the Agreement to enter into force with woman from California? respect to the United States until the United does not have legal authority to deter- States has included in its reservation relat- There was no objection. mine the validity of such a matter, but ing to the provision of maritime transpor- Ms. MATSUI. The Cardin amendment also that the inconsistent measure is tation services and the operation of U.S.- would close a dangerous loophole in the permitted and justified, given the flagged vessels, beginning on page 5 of the current agreement, a loophole that broad self-judging language in the na- Schedule of the United States contained in could jeopardize our Nation’s port se- tional security exemption.’’ Annex II of the Agreement, measures relat- curity. In other words, in its present So clearly the argument that the ing to the following: landside operations of form, this agreement would allow a for- U.S.-Oman Free Trade Agreement will port activities, including operation and eign company based in Oman to oper- maintenance of docks; loading and unloading make our Nation less secure, in fact, of vessels directly to or from land; marine ate U.S. port facilities. The Cardin has no basis in fact. There is no ques- cargo handling; operation and maintenance amendment provides that the U.S.- tion, however, Mr. Speaker, that fair of piers; ship cleaning; stevedoring; transfer Oman Free Trade Agreement cannot trade promotes economic development of cargo between vessels and trucks, trains, take effect until the U.S. withdraws its and political cooperation. pipelines, and wharves; and waterfront ter- commitment to allow Omani compa- In fact, the 9/11 Commission specifi- minal operations. nies to operate landside aspects of U.S. cally cited Middle Eastern free trade THE VOTE ON THE PREVIOUS QUESTION: WHAT port activities. agreements and calls for action on a IT REALLY MEANS Unless we vote on the Cardin amend- comprehensive U.S. strategy that This vote, the vote on whether to ment today, we could once again be President Bush has, I might add, en- order the previous question on a spe- faced with a risk that the management gaged in that includes economic poli- cial rule, is not merely a procedural of our vital ports might again be hand- cies encouraging development, more vote. A vote against ordering the pre- ed over to a foreign entity. open societies and opportunities for vious question is a vote against the Re- The House must have the chance to people to improve their lives. publican majority agenda and a vote to weigh in on this matter of national se- Mr. Speaker, approving this agree- allow the opposition, at least for the curity. It is time for this House to stop ment is a vital step towards our efforts moment, to offer an alternative plan. giving rubber-stamp approval to this against the war on Islamofascism and It is a vote about what the House administration at the expense of our seeks to make our Nation more, not should be debating. national security. The Cardin amend- less, secure. Mr. Clarence Cannon’s Precedents of ment is the only way to ensure that The material previously referred to the House of Representatives, (VI, 308– this free trade agreement doesn’t com- by Ms. MATSUI is as follows: 311) describes the vote on the previous promise our ports. PREVIOUS QUESTION ON H. RES. 925—RULE FOR question on the rule as ‘‘a motion to Mr. Speaker, some of my colleagues H.R. 5684, U.S.-OMAN FREE TRADE AGREE- direct or control the consideration of may argue that the adoption of this MENT IMPLEMENTATION ACT the subject before the House being important amendment will shut off the Strike all after the resolved clause made by the Member in charge.’’ To de- fast-track process in the Senate for and insert in lieu thereof the following: feat the previous question is to give this bill. True, perhaps, but we should Resolved, That at any time after the adop- the opposition a chance to decide the not allow any process to trump our na- tion of this resolution the Speaker may, pur- subject before the House. Cannon cites tional security and the duty of this suant to clause 1(b) of rule XXIII, declare the the Speaker’s ruling of January 13,

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5504 CONGRESSIONAL RECORD — HOUSE July 20, 2006 1920, to the effect that ‘‘the refusal of The question was taken; and the Sullivan Turner Whitfield the House to sustain the demand for Speaker pro tempore announced that Sweeney Upton Wicker Tancredo Walden (OR) Wilson (NM) the previous question passes the con- the ayes appeared to have it. Taylor (NC) Walsh Wilson (SC) trol of the resolution to the opposi- Ms. MATSUI. Mr. Speaker, I object Terry Wamp Wolf tion’’ in order to offer an amendment. to the vote on the ground that a Thomas Weldon (FL) Young (AK) Thornberry Weldon (PA) Young (FL) On March 15, 1909, a member of the ma- quorum is not present and make the Tiahrt Weller jority party offered a rule resolution. point of order that a quorum is not Tiberi Westmoreland The House defeated the previous ques- present. NAYS—196 tion and a member of the opposition The SPEAKER pro tempore. Evi- rose to a parliamentary inquiry, asking Abercrombie Green, Gene Oberstar dently a quorum is not present. Ackerman Grijalva Obey who was entitled to recognition. The Sergeant at Arms will notify ab- Allen Gutierrez Olver Speaker Joseph G. Cannon (R–Illinois) sent Members. Andrews Harman Ortiz said: ‘‘The previous question having Pursuant to clause 8 and clause 9 of Baca Hastings (FL) Owens been refused, the gentleman from New Baldwin Herseth Pallone rule XX, this 15-minute vote on order- Barrow Higgins Pascrell York, Mr. Fitzgerald, who had asked ing the previous question on H. Res. 925 Bean Hinchey Pastor the gentleman to yield to him for an will be followed by 5-minute votes on Becerra Hinojosa Payne amendment, is entitled to the first rec- Berkley Holden Pelosi adoption of H. Res. 925, if ordered; and Berman Holt ognition.’’ Peterson (MN) on the motion to suspend the rules on Berry Honda Pomeroy Because the vote today may look bad H. Res. 921. Bishop (GA) Hooley Price (NC) for the Republican majority they will The vote was taken by electronic de- Bishop (NY) Hoyer Rahall say ‘‘the vote on the previous question Blumenauer Inslee Rangel vice, and there were—yeas 227, nays Boren Israel is simply a vote on whether to proceed Reyes 196, not voting 9, as follows: Boswell Jackson (IL) Ross to an immediate vote on adopting the Boucher Jackson-Lee [Roll No. 389] Rothman resolution * * * [and] has no sub- Boyd (TX) Roybal-Allard YEAS—227 Brady (PA) Jefferson Ruppersberger stantive legislative or policy implica- Brown (OH) Johnson, E. B. Aderholt Fossella McHenry Rush tions whatsoever.’’ But that is not Brown, Corrine Jones (NC) Akin Foxx McHugh Ryan (OH) Butterfield Jones (OH) what they have always said. Listen to Alexander Franks (AZ) McKeon Sabo Capps Kanjorski the Republican Leadership Manual on Bachus Frelinghuysen McMorris Salazar Capuano Kaptur Baird Gallegly Meeks (NY) Sa´ nchez, Linda the Legislative Process in the United Cardin Kennedy (RI) Baker Garrett (NJ) Mica T. States House of Representatives, (6th Cardoza Kildee Barrett (SC) Gerlach Miller (FL) Sanchez, Loretta Carnahan Kilpatrick (MI) edition, page 135). Here’s how the Re- Bartlett (MD) Gibbons Miller (MI) Sanders Carson Kind Barton (TX) Gilchrest Miller, Gary Schakowsky publicans describe the previous ques- Case Kucinich Bass Gillmor Moran (KS) Schiff tion vote in their own manual: Al- Chandler Langevin Beauprez Gingrey Moran (VA) Schwartz (PA) Clay Lantos though it is generally not possible to Biggert Gohmert Murphy Scott (GA) Cleaver Larsen (WA) amend the rule because the majority Bilbray Goode Musgrave Scott (VA) Clyburn Larson (CT) Bilirakis Goodlatte Myrick Serrano Member controlling the time will not Conyers Leach Bishop (UT) Granger Neugebauer yield for the purpose of offering an Cooper Lee Sherman Blackburn Graves Ney Costa Levin Skelton amendment, the same result may be Blunt Green (WI) Norwood Costello Lipinski Slaughter Boehlert Gutknecht Nunes achieved by voting down the previous Cramer Lofgren, Zoe Snyder Boehner Hall Osborne question on the rule * * * When the Crowley Lowey Solis Bonilla Harris Otter Cuellar Lynch Spratt motion for the previous question is de- Bonner Hart Oxley Cummings Maloney Stark feated, control of the time passes to Bono Hastings (WA) Paul Davis (AL) Markey Strickland Boozman Hayes Pearce the Member who led the opposition to Davis (CA) Marshall Stupak Boustany Hayworth Peterson (PA) ordering the previous question. That Davis (IL) Matheson Tanner Bradley (NH) Hefley Petri Davis (TN) Matsui Tauscher Member, because he then controls the Brady (TX) Hensarling Pickering DeFazio McCarthy Taylor (MS) Brown (SC) Herger Pitts time, may offer an amendment to the DeGette McCollum (MN) Thompson (CA) Brown-Waite, Hobson Platts rule, or yield for the purpose of amend- Delahunt McDermott Thompson (MS) Ginny Hoekstra Poe DeLauro McGovern Tierney ment.’’ Burgess Hostettler Pombo Dicks McIntyre Towns Deschler’s Procedure in the U.S. Burton (IN) Hulshof Porter Dingell McNulty Udall (CO) Buyer Hunter Price (GA) House of Representatives, the sub- Doggett Meehan Udall (NM) Calvert Hyde Pryce (OH) chapter titled ‘‘Amending Special Doyle Meek (FL) Van Hollen Camp (MI) Inglis (SC) Putnam Edwards Melancon Vela´ zquez Rules’’ states: ‘‘a refusal to order the Campbell (CA) Issa Radanovich Emanuel Michaud Visclosky previous question on such a rule [a spe- Cannon Istook Ramstad Engel Millender- Wasserman Cantor Jenkins Regula cial rule reported from the Committee Eshoo McDonald Schultz Capito Jindal Rehberg on Rules] opens the resolution to Etheridge Miller (NC) Waters Carter Johnson (CT) Reichert Farr Miller, George Watson amendment and further debate.’’ Castle Johnson (IL) Renzi Fattah Mollohan Watt Chabot Johnson, Sam Reynolds (Chapter 21, section 21.2) Section 21.3 Filner Moore (KS) Waxman Chocola Keller Rogers (AL) continues: Upon rejection of the mo- Ford Moore (WI) Weiner Coble Kelly Rogers (KY) Frank (MA) Murtha Wexler tion for the previous question on a res- Cole (OK) Kennedy (MN) Rogers (MI) Gonzalez Nadler Woolsey olution reported from the Committee Conaway King (IA) Rohrabacher Gordon Napolitano Wu Crenshaw King (NY) Ros-Lehtinen on Rules, control shifts to the Member Green, Al Neal (MA) Wynn leading the opposition to the previous Cubin Kingston Royce Culberson Kirk Ryan (WI) NOT VOTING—9 question, who may offer a proper Davis (KY) Kline Ryun (KS) amendment or motion and who con- Davis, Tom Knollenberg Saxton Davis (FL) Fortenberry Northup Deal (GA) Kolbe Schmidt Davis, Jo Ann Lewis (GA) Nussle trols the time for debate thereon.’’ Evans McKinney Pence Clearly, the vote on the previous Dent Kuhl (NY) Schwarz (MI) Diaz-Balart, L. LaHood Sensenbrenner question on a rule does have sub- Diaz-Balart, M. Latham Sessions 1153 stantive policy implications. It is one Doolittle LaTourette Shadegg b of the only available tools for those Drake Lewis (CA) Shaw Ms. WATERS changed her vote from Dreier Lewis (KY) Shays who oppose the Republican majority’s Duncan Linder Sherwood ‘‘yea’’ to ‘‘nay.’’ agenda to offer an alternative plan. Ehlers LoBiondo Shimkus So the previous question was ordered. Mr. HASTINGS of Washington. Mr. Emerson Lucas Shuster The result of the vote was announced English (PA) Lungren, Daniel Simmons as above recorded. Speaker, I yield back the balance of Everett E. Simpson my time, and I move the previous ques- Feeney Mack Smith (NJ) The SPEAKER pro tempore. The tion on the resolution. Ferguson Manzullo Smith (TX) question is on the resolution. The SPEAKER pro tempore. The Fitzpatrick (PA) Marchant Smith (WA) The question was taken; and the Flake McCaul (TX) Sodrel question is on ordering the previous Foley McCotter Souder Speaker pro tempore announced that question. Forbes McCrery Stearns the ayes appeared to have it.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5505 Mr. HASTINGS of Washington. Mr. Baldwin Hinojosa Pascrell The vote was taken by electronic de- Speaker, on that I demand the yeas Barrow Holden Pastor vice, and there were—yeas 410, nays 8, Becerra Honda Payne and nays. Berkley Hooley Pelosi answered ‘‘present’’ 4, not voting 10, as The yeas and nays were ordered. Berman Hoyer Peterson (MN) follows: Berry Inslee The SPEAKER pro tempore. This Pomeroy [Roll No. 391] Bishop (GA) Israel Price (NC) will be a 5-minute vote. Bishop (NY) Jackson (IL) Rahall YEAS—410 Blumenauer Jackson-Lee The vote was taken by electronic de- Rangel Ackerman Davis (KY) Istook Boswell (TX) Reyes Aderholt Davis (TN) Jackson (IL) vice, and there were—yeas 237, nays Boucher Jefferson Ross Akin Davis, Tom Jackson-Lee 187, not voting 8, as follows: Boyd Johnson, E. B. Rothman Alexander Deal (GA) (TX) Brady (PA) Jones (OH) [Roll No. 390] Roybal-Allard Allen DeFazio Jefferson Brown (OH) Kanjorski Ruppersberger Andrews DeGette Jenkins Brown, Corrine Kaptur YEAS—237 Rush Baca Delahunt Jindal Butterfield Kennedy (RI) Aderholt Gibbons Neugebauer Ryan (OH) Bachus DeLauro Johnson (CT) Capps Kildee Akin Gilchrest Ney Sabo Baird Dent Johnson (IL) Capuano Kilpatrick (MI) Alexander Gillmor Norwood Salazar Baker Diaz-Balart, L. Johnson, E. B. Cardin Kind Bachus Gingrey Nunes Sa´ nchez, Linda Baldwin Diaz-Balart, M. Johnson, Sam Cardoza Kucinich Baker Gohmert Osborne T. Barrett (SC) Dicks Jones (NC) Carnahan Langevin Barrett (SC) Goode Otter Sanchez, Loretta Barrow Doggett Jones (OH) Carson Lantos Bartlett (MD) Goodlatte Oxley Sanders Bartlett (MD) Doolittle Kanjorski Chandler Larsen (WA) Barton (TX) Gordon Paul Schakowsky Barton (TX) Doyle Keller Clay Larson (CT) Bass Granger Schiff Bass Drake Kelly Pearce Cleaver Lee Bean Graves Schwartz (PA) Bean Dreier Kennedy (MN) Pence Clyburn Levin Beauprez Green (WI) Scott (GA) Beauprez Edwards Kennedy (RI) Peterson (PA) Conyers Lewis (GA) Biggert Gutknecht Scott (VA) Becerra Ehlers Kildee Petri Cooper Lipinski Bilbray Hall Serrano Berkley Emanuel Kind Pickering Costa Lofgren, Zoe Bilirakis Harris Sherman Berman Emerson King (IA) Pitts Costello Lowey Bishop (UT) Hart Berry Engel King (NY) Platts Crowley Lynch Skelton Blackburn Hastings (WA) Biggert English (PA) Kingston Poe Cummings Maloney Slaughter Blunt Hayes Bilbray Eshoo Kirk Pombo Davis (AL) Markey Smith (WA) Boehlert Hayworth Bilirakis Etheridge Kline Porter Davis (CA) Marshall Snyder Boehner Hefley Bishop (GA) Everett Knollenberg Price (GA) Davis (IL) Matsui Solis Bonilla Hensarling Bishop (NY) Farr Kolbe Pryce (OH) DeFazio McCarthy Spratt Bonner Herger Bishop (UT) Fattah Kuhl (NY) Putnam DeGette McCollum (MN) Stark Bono Hobson Blackburn Feeney LaHood Radanovich Delahunt McDermott Strickland Boozman Hoekstra Blumenauer Ferguson Langevin Ramstad DeLauro McGovern Stupak Boren Holt Blunt Filner Lantos Regula Dingell McIntyre Tanner Boustany Hostettler Boehlert Fitzpatrick (PA) Larsen (WA) Rehberg Doggett McNulty Tauscher Bradley (NH) Hulshof Boehner Flake Larson (CT) Reichert Doyle Meehan Taylor (MS) Brady (TX) Hunter Bonilla Foley Latham Renzi Edwards Meek (FL) Thompson (CA) Brown (SC) Hyde Bonner Forbes LaTourette Reynolds Emanuel Melancon Thompson (MS) Brown-Waite, Inglis (SC) Bono Ford Leach Rogers (AL) Engel Michaud Tierney Ginny Issa Boozman Fossella Levin Rogers (KY) Eshoo Millender- Towns Burgess Istook Boren Foxx Lewis (CA) Rogers (MI) Etheridge McDonald Udall (CO) Burton (IN) Jenkins Boswell Frank (MA) Lewis (GA) Rohrabacher Farr Miller (NC) Udall (NM) Calvert Jindal Boucher Franks (AZ) Lewis (KY) Ros-Lehtinen Fattah Miller, George Van Hollen Camp (MI) Johnson (CT) Boustany Frelinghuysen Linder Royce Filner Mollohan Vela´ zquez Campbell (CA) Johnson (IL) Boyd Gallegly Lipinski Ryan (WI) Ford Moore (KS) Visclosky Cannon Johnson, Sam Bradley (NH) Garrett (NJ) LoBiondo Ryun (KS) Frank (MA) Moore (WI) Wasserman Cantor Jones (NC) Brady (PA) Gerlach Lofgren, Zoe Saxton Gonzalez Murtha Schultz Capito Keller Brady (TX) Gibbons Lowey Schmidt Green, Al Nadler Waters Carter Kelly Brown (OH) Gilchrest Lucas Schwarz (MI) Green, Gene Napolitano Watson Case Kennedy (MN) Brown (SC) Gillmor Lungren, Daniel Sensenbrenner Grijalva Neal (MA) Watt Castle King (IA) Brown, Corrine Gingrey E. Sessions Gutierrez Oberstar Waxman Chabot King (NY) Brown-Waite, Gohmert Lynch Harman Obey Weiner Chocola Kingston Shadegg Ginny Gonzalez Mack Hastings (FL) Olver Wexler Coble Kirk Shaw Burgess Goode Maloney Herseth Ortiz Woolsey Cole (OK) Kline Shays Burton (IN) Goodlatte Manzullo Higgins Owens Wu Conaway Knollenberg Sherwood Butterfield Gordon Marchant Hinchey Pallone Wynn Cramer Kolbe Shimkus Buyer Granger Markey Shuster Crenshaw Kuhl (NY) NOT VOTING—8 Calvert Graves Marshall Cubin LaHood Simmons Camp (MI) Green (WI) Matheson Cuellar Latham Simpson Buyer Evans Northup Campbell (CA) Green, Al Matsui Culberson LaTourette Smith (NJ) Davis (FL) Fortenberry Nussle Cannon Green, Gene McCarthy Davis (KY) Leach Smith (TX) Davis, Jo Ann McKinney Cantor Grijalva McCaul (TX) Sodrel Davis (TN) Lewis (CA) b 1203 Capito Gutierrez McCollum (MN) Davis, Tom Lewis (KY) Souder Capps Gutknecht McCotter Deal (GA) Linder Stearns So the resolution was agreed to. Capuano Hall McCrery Dent LoBiondo Sullivan The result of the vote was announced Cardin Harman McGovern Diaz-Balart, L. Lucas Sweeney Cardoza Harris McHenry Diaz-Balart, M. Lungren, Daniel Tancredo as above recorded. Carnahan Hart McHugh Dicks E. Taylor (NC) A motion to reconsider was laid on Carson Hastings (FL) McIntyre Doolittle Mack Terry the table. Carter Hastings (WA) McKeon Drake Manzullo Thomas Case Hayes McMorris Dreier Marchant Thornberry f Castle Hayworth McNulty Duncan Matheson Tiahrt CONDEMNING THE RECENT AT- Chabot Hefley Meehan Ehlers McCaul (TX) Tiberi Chandler Hensarling Meek (FL) Emerson McCotter Turner TACKS AGAINST THE STATE OF Chocola Herger Meeks (NY) English (PA) McCrery Upton ISRAEL Clay Herseth Melancon Everett McHenry Walden (OR) Cleaver Higgins Mica Feeney McHugh Walsh The SPEAKER pro tempore (Mr. Clyburn Hinchey Michaud Ferguson McKeon Wamp LAHOOD). The unfinished business is Coble Hinojosa Millender- Fitzpatrick (PA) McMorris Weldon (FL) the question of suspending the rules Cole (OK) Hobson McDonald Flake Meeks (NY) Weldon (PA) and agreeing to the resolution, H. Res. Conaway Hoekstra Miller (FL) Foley Mica Weller Cooper Holden Miller (MI) Forbes Miller (FL) Westmoreland 921. Costa Holt Miller (NC) Fossella Miller (MI) Whitfield The Clerk read the title of the resolu- Costello Honda Miller, Gary Foxx Miller, Gary Wicker tion. Cramer Hooley Miller, George Franks (AZ) Moran (KS) Wilson (NM) Crenshaw Hostettler Mollohan Frelinghuysen Moran (VA) Wilson (SC) The SPEAKER pro tempore. The Crowley Hoyer Moore (KS) Gallegly Murphy Wolf question is on the motion offered by Cubin Hulshof Moore (WI) Garrett (NJ) Musgrave Young (AK) the gentleman from Illinois (Mr. HYDE) Cuellar Hunter Moran (KS) Gerlach Myrick Young (FL) that the House suspend the rules and Culberson Hyde Moran (VA) Cummings Inglis (SC) Murphy NAYS—187 agree to the resolution, H. Res. 921, on Davis (AL) Inslee Murtha Abercrombie Allen Baca which the yeas and nays are ordered. Davis (CA) Israel Musgrave Ackerman Andrews Baird This will be a 5-minute vote. Davis (IL) Issa Myrick

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5506 CONGRESSIONAL RECORD — HOUSE July 20, 2006 Nadler Rohrabacher Stupak The text of the bill is as follows: (2) HTS.—The term ‘‘HTS’’ means the Har- Napolitano Ros-Lehtinen Sullivan H.R. 5684 monized Tariff Schedule of the United Neal (MA) Ross Sweeney States. Neugebauer Rothman Tancredo Be it enacted by the Senate and House of Rep- (3) TEXTILE OR APPAREL GOOD.—The term Ney Roybal-Allard Tanner resentatives of the United States of America in Norwood Royce Tauscher Congress assembled, ‘‘textile or apparel good’’ means a good list- ed in the Annex to the Agreement on Tex- Nunes Ruppersberger Taylor (MS) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Oberstar Rush tiles and Clothing referred to in section Taylor (NC) (a) SHORT TITLE.—This Act may be cited as Obey Ryan (OH) Terry the ‘‘United States-Oman Free Trade Agree- 101(d)(4) of the Uruguay Round Agreements Olver Ryan (WI) Thomas ment Implementation Act’’. Act (19 U.S.C. 3511(d)(4)). Ortiz Ryun (KS) Thompson (CA) Osborne Sabo (b) TABLE OF CONTENTS.—The table of con- TITLE I—APPROVAL OF, AND GENERAL Thompson (MS) tents for this Act is as follows: Otter Salazar Thornberry PROVISIONS RELATING TO, THE AGREE- ´ Owens Sanchez, Linda Tiahrt Sec. 1. Short title; table of contents. MENT Oxley T. Tiberi Sec. 2. Purposes. Pallone Sanders Tierney Sec. 3. Definitions. SEC. 101. APPROVAL AND ENTRY INTO FORCE OF Pascrell Saxton Towns TITLE I—APPROVAL OF, AND GENERAL THE AGREEMENT. Pastor Schakowsky Turner PROVISIONS RELATING TO, THE Payne Schiff (a) APPROVAL OF AGREEMENT AND STATE- Udall (CO) Pearce Schmidt AGREEMENT MENT OF ADMINISTRATIVE ACTION.—Pursuant Udall (NM) Pelosi Schwartz (PA) Sec. 101. Approval and entry into force of Upton to section 2105 of the Bipartisan Trade Pro- Pence Schwarz (MI) the Agreement. motion Authority Act of 2002 (19 U.S.C. 3805) Peterson (MN) Scott (GA) Van Hollen Sec. 102. Relationship of the Agreement to Vela´ zquez and section 151 of the Trade Act of 1974 (19 Peterson (PA) Scott (VA) United States and State law. Petri Sensenbrenner Visclosky U.S.C. 2191), Congress approves— Walden (OR) Sec. 103. Implementing actions in anticipa- Pickering Serrano tion of entry into force and ini- (1) the United States-Oman Free Trade Pitts Sessions Walsh Agreement entered into on January 19, 2006, Wamp tial regulations. Platts Shadegg with Oman and submitted to Congress on Poe Shaw Wasserman Sec. 104. Consultation and layover provi- Schultz sions for, and effective date of, June 26, 2006; and Pombo Shays (2) the statement of administrative action Pomeroy Sherman Watson proclaimed actions. Porter Sherwood Watt Sec. 105. Administration of dispute settle- proposed to implement the Agreement that Price (GA) Shimkus Waxman ment proceedings. was submitted to Congress on June 26, 2006. Weiner Price (NC) Shuster Sec. 106. Arbitration of claims. (b) CONDITIONS FOR ENTRY INTO FORCE OF Pryce (OH) Simmons Weldon (FL) Sec. 107. Effective dates; effect of termi- THE AGREEMENT.—At such time as the Presi- Putnam Simpson Weldon (PA) nation. Weller dent determines that Oman has taken meas- Radanovich Skelton TITLE II—CUSTOMS PROVISIONS Ramstad Slaughter Wexler ures necessary to bring it into compliance Rangel Smith (NJ) Whitfield Sec. 201. Tariff modifications. with those provisions of the Agreement that Sec. 202. Rules of origin. Regula Smith (TX) Wicker are to take effect on the date on which the Rehberg Smith (WA) Wilson (NM) Sec. 203. Customs user fees. Reichert Snyder Wilson (SC) Sec. 204. Enforcement relating to trade in Agreement enters into force, the President is Renzi Sodrel Wolf textile and apparel goods. authorized to exchange notes with the Gov- Reyes Solis Woolsey Sec. 205. Reliquidation of entries. ernment of Oman providing for the entry Reynolds Souder Wu Sec. 206. Regulations. into force, on or after January 1, 2007, of the Rogers (AL) Spratt Wynn TITLE III—RELIEF FROM IMPORTS Rogers (KY) Stearns Young (AK) Agreement with respect to the United Rogers (MI) Strickland Young (FL) Sec. 301. Definitions. States. Subtitle A—Relief From Imports Benefiting NAYS—8 SEC. 102. RELATIONSHIP OF THE AGREEMENT TO From the Agreement UNITED STATES AND STATE LAW. Abercrombie Kilpatrick (MI) Rahall Sec. 311. Commencing of action for relief. Conyers McDermott Stark Sec. 312. Commission action on petition. (a) RELATIONSHIP OF AGREEMENT TO UNITED Dingell Paul Sec. 313. Provision of relief. STATES LAW.— ANSWERED ‘‘PRESENT’’—4 Sec. 314. Termination of relief authority. (1) UNITED STATES LAW TO PREVAIL IN CON- Sec. 315. Compensation authority. FLICT.—No provision of the Agreement, nor Kaptur Lee Sec. 316. Confidential business information. Kucinich Waters the application of any such provision to any Subtitle B—Textile and Apparel Safeguard person or circumstance, which is incon- NOT VOTING—10 Measures sistent with any law of the United States Davis (FL) Fortenberry Sanchez, Loretta Sec. 321. Commencement of action for relief. shall have effect. Davis, Jo Ann McKinney Westmoreland Sec. 322. Determination and provision of re- (2) CONSTRUCTION.—Nothing in this Act Duncan Northup lief. shall be construed— Evans Nussle Sec. 323. Period of relief. (A) to amend or modify any law of the b 1210 Sec. 324. Articles exempt from relief. United States, or Sec. 325. Rate after termination of import (B) to limit any authority conferred under So (two-thirds of those voting having relief. any law of the United States, responded in the affirmative) the rules Sec. 326. Termination of relief authority. unless specifically provided for in this Act. were suspended and the resolution was Sec. 327. Compensation authority. agreed to. Sec. 328. Confidential business information. (b) RELATIONSHIP OF AGREEMENT TO STATE The result of the vote was announced TITLE IV—PROCUREMENT LAW.— as above recorded. Sec. 401. Eligible products. (1) LEGAL CHALLENGE.—No State law, or the application thereof, may be declared in- A motion to reconsider was laid on SEC. 2. PURPOSES. valid as to any person or circumstance on the table. The purposes of this Act are— (1) to approve and implement the Free the ground that the provision or application f Trade Agreement between the United States is inconsistent with the Agreement, except PERSONAL EXPLANATION and Oman entered into under the authority in an action brought by the United States for the purpose of declaring such law or applica- Mr. FORTENBERRY. Mr. Speaker, on of section 2103(b) of the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. tion invalid. Thursday, July 20, 2006, I was unavoidably 3803(b)); (2) DEFINITION OF STATE LAW.—For purposes detained and thus I missed rollcall votes Nos. (2) to strengthen and develop economic re- of this subsection, the term ‘‘State law’’ in- 389, 390, and 391. Had I been present, I lations between the United States and Oman cludes— would have voted ‘‘yea’’ on all three votes. for their mutual benefit; (A) any law of a political subdivision of a State; and f (3) to establish free trade between the 2 na- tions through the reduction and elimination (B) any State law regulating or taxing the UNITED STATES-OMAN FREE of barriers to trade in goods and services and business of insurance. TRADE AGREEMENT IMPLEMEN- to investment; and (c) EFFECT OF AGREEMENT WITH RESPECT TO TATION ACT (4) to lay the foundation for further co- PRIVATE REMEDIES.—No person other than Mr. THOMAS. Mr. Speaker, pursuant operation to expand and enhance the benefits the United States— of such Agreement. to House Resolution 925, I call up the (1) shall have any cause of action or de- SEC. 3. DEFINITIONS. fense under the Agreement or by virtue of bill (H.R. 5684) to implement the In this Act: congressional approval thereof; or United States-Oman Free Trade Agree- (1) AGREEMENT.—The term ‘‘Agreement’’ (2) may challenge, in any action brought ment, and ask for its immediate con- means the United States-Oman Free Trade under any provision of law, any action or in- sideration. Agreement approved by Congress under sec- action by any department, agency, or other The Clerk read the title of the bill. tion 101(a)(1). instrumentality of the United States, any

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5507 State, or any political subdivision of a State, SEC. 105. ADMINISTRATION OF DISPUTE SETTLE- in the Tariff Schedule of the United States on the ground that such action or inaction is MENT PROCEEDINGS. to Annex 2–B of the Agreement is a specific inconsistent with the Agreement. (a) ESTABLISHMENT OR DESIGNATION OF OF- or compound rate of duty, the President may FICE.—The President is authorized to estab- substitute for the base rate an ad valorem SEC. 103. IMPLEMENTING ACTIONS IN ANTICIPA- lish or designate within the Department of rate that the President determines to be TION OF ENTRY INTO FORCE AND Commerce an office that shall be responsible INITIAL REGULATIONS. equivalent to the base rate. for providing administrative assistance to SEC. 202. RULES OF ORIGIN. (a) IMPLEMENTING ACTIONS.— panels established under chapter 20 of the (a) APPLICATION AND INTERPRETATION.—In (1) PROCLAMATION AUTHORITY.—After the Agreement. The office may not be considered this section: date of the enactment of this Act— to be an agency for purposes of section 552 of (1) TARIFF CLASSIFICATION.—The basis for (A) the President may proclaim such ac- title 5, United States Code. any tariff classification is the HTS. (b) AUTHORIZATION OF APPROPRIATIONS.— tions, and (2) REFERENCE TO HTS.—Whenever in this (B) other appropriate officers of the United There are authorized to be appropriated for section there is a reference to a heading or States Government may issue such regula- each fiscal year after fiscal year 2006 to the subheading, such reference shall be a ref- tions, Department of Commerce such sums as may erence to a heading or subheading of the as may be necessary to ensure that any pro- be necessary for the establishment and oper- HTS. vision of this Act, or amendment made by ations of the office established or designated (b) ORIGINATING GOODS.— this Act, that takes effect on the date on under subsection (a) and for the payment of (1) IN GENERAL.—For purposes of this Act which the Agreement enters into force is ap- the United States share of the expenses of and for purposes of implementing the pref- propriately implemented on such date, but panels established under chapter 20 of the erential tariff treatment provided for under no such proclamation or regulation may Agreement. the Agreement, a good is an originating good have an effective date earlier than the date SEC. 106. ARBITRATION OF CLAIMS. if— on which the Agreement enters into force. The United States is authorized to resolve (A) the good is imported directly— (2) EFFECTIVE DATE OF CERTAIN PROCLAIMED any claim against the United States covered (i) from the territory of Oman into the ter- ACTIONS.—Any action proclaimed by the by article 10.15.1(a)(i)(C) or article ritory of the United States; or President under the authority of this Act 10.15.1(b)(i)(C) of the Agreement, pursuant to (ii) from the territory of the United States that is not subject to the consultation and the Investor-State Dispute Settlement pro- into the territory of Oman; and layover provisions under section 104 may not cedures set forth in section B of chapter 10 of (B)(i) the good is a good wholly the growth, take effect before the 15th day after the date the Agreement. product, or manufacture of Oman or the on which the text of the proclamation is pub- SEC. 107. EFFECTIVE DATES; EFFECT OF TERMI- United States, or both; lished in the Federal Register. NATION. (ii) the good (other than a good to which (3) WAIVER OF 15-DAY RESTRICTION.—The 15- (a) EFFECTIVE DATES.—Except as provided clause (iii) applies) is a new or different arti- day restriction in paragraph (2) on the tak- in subsection (b), the provisions of this Act cle of commerce that has been grown, pro- ing effect of proclaimed actions is waived to and the amendments made by this Act take duced, or manufactured in Oman or the the extent that the application of such re- effect on the date on which the Agreement United States, or both, and meets the re- striction would prevent the taking effect on enters into force. quirements of paragraph (2); or the date on which the Agreement enters into (b) EXCEPTIONS.—Sections 1 through 3 and (iii)(I) the good is a good covered by Annex force of any action proclaimed under this this title take effect on the date of the en- 3–A or 4–A of the Agreement; section. actment of this Act. (II)(aa) each of the nonoriginating mate- (c) TERMINATION OF THE AGREEMENT.—On (b) INITIAL REGULATIONS.—Initial regula- rials used in the production of the good un- the date on which the Agreement termi- dergoes an applicable change in tariff classi- tions necessary or appropriate to carry out nates, the provisions of this Act (other than the actions required by or authorized under fication specified in such Annex as a result this subsection) and the amendments made of production occurring entirely in the terri- this Act or proposed in the statement of ad- by this Act shall cease to be effective. ministrative action submitted under section tory of Oman or the United States, or both; TITLE II—CUSTOMS PROVISIONS 101(a)(2) to implement the Agreement shall, or to the maximum extent feasible, be issued SEC. 201. TARIFF MODIFICATIONS. (bb) the good otherwise satisfies the re- within 1 year after the date on which the (a) TARIFF MODIFICATIONS PROVIDED FOR IN quirements specified in such Annex; and Agreement enters into force. In the case of THE AGREEMENT.— (III) the good satisfies all other applicable any implementing action that takes effect (1) PROCLAMATION AUTHORITY.—The Presi- requirements of this section. on a date after the date on which the Agree- dent may proclaim— (2) REQUIREMENTS.—A good described in ment enters into force, initial regulations to (A) such modifications or continuation of paragraph (1)(B)(ii) is an originating good carry out that action shall, to the maximum any duty, only if the sum of— extent feasible, be issued within 1 year after (B) such continuation of duty-free or excise (A) the value of each material produced in such effective date. treatment, or the territory of Oman or the United States, (C) such additional duties, or both, and SEC. 104. CONSULTATION AND LAYOVER PROVI- as the President determines to be necessary (B) the direct costs of processing oper- SIONS FOR, AND EFFECTIVE DATE or appropriate to carry out or apply articles ations performed in the territory of Oman or OF, PROCLAIMED ACTIONS. 2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and Annex 2–B of the United States, or both, If a provision of this Act provides that the the Agreement. is not less than 35 percent of the appraised implementation of an action by the Presi- (2) EFFECT ON OMANI GSP STATUS.—Notwith- value of the good at the time the good is en- dent by proclamation is subject to the con- standing section 502(a)(1) of the Trade Act of tered into the territory of the United States. sultation and layover requirements of this 1974 (19 U.S.C. 2462(a)(1)), the President shall, (c) CUMULATION.— section, such action may be proclaimed only on the date on which the Agreement enters (1) ORIGINATING GOOD OR MATERIAL INCOR- if— into force, terminate the designation of PORATED INTO GOODS OF OTHER COUNTRY.—An (1) the President has obtained advice re- Oman as a beneficiary developing country originating good, or a material produced in garding the proposed action from— for purposes of title V of the Trade Act of the territory of Oman or the United States, (A) the appropriate advisory committees 1974 (19 U.S.C. 2461 et seq.). or both, that is incorporated into a good in established under section 135 of the Trade (b) OTHER TARIFF MODIFICATIONS.—Subject the territory of the other country shall be Act of 1974 (19 U.S.C. 2155); and to the consultation and layover provisions of considered to originate in the territory of (B) the United States International Trade section 104, the President may proclaim— the other country. Commission; (1) such modifications or continuation of (2) MULTIPLE PRODUCERS.—A good that is (2) the President has submitted to the any duty, grown, produced, or manufactured in the ter- Committee on Finance of the Senate and the (2) such modifications as the United States ritory of Oman or the United States, or both, Committee on Ways and Means of the House may agree to with Oman regarding the stag- by 1 or more producers, is an originating of Representatives a report that sets forth— ing of any duty treatment set forth in Annex good if the good satisfies the requirements of (A) the action proposed to be proclaimed 2–B of the Agreement, subsection (b) and all other applicable re- and the reasons therefor; and (3) such continuation of duty-free or excise quirements of this section. (B) the advice obtained under paragraph treatment, or (d) VALUE OF MATERIALS.— (1); (4) such additional duties, (1) IN GENERAL.—Except as provided in (3) a period of 60 calendar days, beginning as the President determines to be necessary paragraph (2), the value of a material pro- on the first day on which the requirements or appropriate to maintain the general level duced in the territory of Oman or the United set forth in paragraphs (1) and (2) have been of reciprocal and mutually advantageous States, or both, includes the following: met has expired; and concessions with respect to Oman provided (A) The price actually paid or payable for (4) the President has consulted with the for by the Agreement. the material by the producer of the good. Committees referred to in paragraph (2) re- (c) CONVERSION TO AD VALOREM RATES.— (B) The freight, insurance, packing, and all garding the proposed action during the pe- For purposes of subsections (a) and (b), with other costs incurred in transporting the ma- riod referred to in paragraph (3). respect to any good for which the base rate terial to the producer’s plant, if such costs

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5508 CONGRESSIONAL RECORD — HOUSE July 20, 2006 are not included in the price referred to in in Annex 3–A of the Agreement, textile or States and not processed in the territory of subparagraph (A). apparel goods classifiable as goods put up in a country other than Oman or the United (C) The cost of waste or spoilage resulting sets for retail sale as provided for in General States; from the use of the material in the growth, Rule of Interpretation 3 of the HTS shall not (J) waste and scrap derived from— production, or manufacture of the good, less be considered to be originating goods unless (i) production or manufacture in the terri- the value of recoverable scrap. each of the goods in the set is an originating tory of Oman or the United States, or both; (D) Taxes or customs duties imposed on good or the total value of the nonoriginating or the material by Oman or the United States, goods in the set does not exceed 10 percent of (ii) used goods collected in the territory of or both, if the taxes or customs duties are the value of the set determined for purposes Oman or the United States, or both, if such not remitted upon exportation from the ter- of assessing customs duties. goods are fit only for the recovery of raw ritory of Oman or the United States, as the (i) DEFINITIONS.—In this section: materials; case may be. (1) DIRECT COSTS OF PROCESSING OPER- (K) a recovered good derived in the terri- (2) EXCEPTION.—If the relationship between ATIONS.— tory of Oman or the United States from used the producer of a good and the seller of a ma- (A) IN GENERAL.—The term ‘‘direct costs of goods and utilized in the territory of that terial influenced the price actually paid or processing operations’’, with respect to a country in the production of remanufactured payable for the material, or if there is no good, includes, to the extent they are includ- goods; and price actually paid or payable by the pro- able in the appraised value of the good when (L) a good produced in the territory of ducer for the material, the value of the ma- imported into Oman or the United States, as Oman or the United States, or both, exclu- terial produced in the territory of Oman or the case may be, the following: sively— the United States, or both, includes the fol- (i) All actual labor costs involved in the (i) from goods referred to in subparagraphs lowing: growth, production, or manufacture of the (A) through (J), or (A) All expenses incurred in the growth, good, including fringe benefits, on-the-job (ii) from the derivatives of goods referred production, or manufacture of the material, training, and the cost of engineering, super- to in clause (i), including general expenses. visory, quality control, and similar per- at any stage of production. (B) A reasonable amount for profit. sonnel. NDIRECT MATERIAL.—The term ‘‘indi- (C) Freight, insurance, packing, and all (ii) Tools, dies, molds, and other indirect (4) I other costs incurred in transporting the ma- materials, and depreciation on machinery rect material’’ means a good used in the terial to the producer’s plant. and equipment that are allocable to the growth, production, manufacture, testing, or (e) PACKAGING AND PACKING MATERIALS AND good. inspection of a good but not physically in- CONTAINERS FOR RETAIL SALE AND FOR SHIP- (iii) Research, development, design, engi- corporated into the good, or a good used in MENT.—Packaging and packing materials neering, and blueprint costs, to the extent the maintenance of buildings or the oper- and containers for retail sale and shipment that they are allocable to the good. ation of equipment associated with the shall be disregarded in determining whether (iv) Costs of inspecting and testing the growth, production, or manufacture of a a good qualifies as an originating good, ex- good. good, including— cept to the extent that the value of such (v) Costs of packaging the good for export (A) fuel and energy; packaging and packing materials and con- to the territory of the other country. (B) tools, dies, and molds; tainers has been included in meeting the re- (B) EXCEPTIONS.—The term ‘‘direct costs of (C) spare parts and materials used in the quirements set forth in subsection (b)(2). processing operations’’ does not include maintenance of equipment and buildings; (f) INDIRECT MATERIALS.—Indirect mate- costs that are not directly attributable to a (D) lubricants, greases, compounding ma- rials shall be disregarded in determining good or are not costs of growth, production, terials, and other materials used in the whether a good qualifies as an originating or manufacture of the good, such as— growth, production, or manufacture of a good, except that the cost of such indirect (i) profit; and good or used to operate equipment and build- materials may be included in meeting the re- (ii) general expenses of doing business that ings; quirements set forth in subsection (b)(2). are either not allocable to the good or are (E) gloves, glasses, footwear, clothing, (g) TRANSIT AND TRANSSHIPMENT.—A good not related to the growth, production, or safety equipment, and supplies; shall not be considered to meet the require- manufacture of the good, such as administra- (F) equipment, devices, and supplies used ment of subsection (b)(1)(A) if, after expor- tive salaries, casualty and liability insur- for testing or inspecting the good; tation from the territory of Oman or the ance, advertising, and sales staff salaries, (G) catalysts and solvents; and United States, the good undergoes produc- commissions, or expenses. (H) any other goods that are not incor- tion, manufacturing, or any other operation (2) GOOD.—The term ‘‘good’’ means any porated into the good but the use of which in outside the territory of Oman or the United merchandise, product, article, or material. the growth, production, or manufacture of States, other than unloading, reloading, or (3) GOOD WHOLLY THE GROWTH, PRODUCT, OR the good can reasonably be demonstrated to any other operation necessary to preserve MANUFACTURE OF OMAN OR THE UNITED be a part of that growth, production, or man- the good in good condition or to transport STATES, OR BOTH.—The term ‘‘good wholly ufacture. the good to the territory of Oman or the the growth, product, or manufacture of (5) MATERIAL.—The term ‘‘material’’ United States. Oman or the United States, or both’’ means a good, including a part or ingredient, (h) TEXTILE AND APPAREL GOODS.— means— that is used in the growth, production, or (1) DE MINIMIS AMOUNTS OF NONORIGINATING MATERIALS.— (A) a mineral good extracted in the terri- manufacture of another good that is a new or (A) IN GENERAL.—Except as provided in tory of Oman or the United States, or both; different article of commerce that has been subparagraph (B), a textile or apparel good (B) a vegetable good, as such a good is pro- grown, produced, or manufactured in Oman that is not an originating good because cer- vided for in the HTS, harvested in the terri- or the United States, or both. tain fibers or yarns used in the production of tory of Oman or the United States, or both; (6) MATERIAL PRODUCED IN THE TERRITORY the component of the good that determines (C) a live animal born and raised in the ter- OF OMAN OR THE UNITED STATES, OR BOTH.— the tariff classification of the good do not ritory of Oman or the United States, or both; The term ‘‘material produced in the terri- undergo an applicable change in tariff classi- (D) a good obtained from live animals tory of Oman or the United States, or both’’ fication set out in Annex 3–A of the Agree- raised in the territory of Oman or the United means a good that is either wholly the ment shall be considered to be an originating States, or both; growth, product, or manufacture of Oman or good if the total weight of all such fibers or (E) a good obtained from hunting, trap- the United States, or both, or a new or dif- yarns in that component is not more than 7 ping, or fishing in the territory of Oman or ferent article of commerce that has been percent of the total weight of that compo- the United States, or both; grown, produced, or manufactured in the ter- nent. (F) a good (fish, shellfish, and other marine ritory of Oman or the United States, or both. (B) CERTAIN TEXTILE OR APPAREL GOODS.—A life) taken from the sea by vessels registered (7) NEW OR DIFFERENT ARTICLE OF COM- textile or apparel good containing elas- or recorded with Oman or the United States MERCE.— tomeric yarns in the component of the good and flying the flag of that country; (A) IN GENERAL.—The term ‘‘new or dif- that determines the tariff classification of (G) a good produced from goods referred to ferent article of commerce’’ means, except as the good shall be considered to be an origi- in subparagraph (F) on board factory ships provided in subparagraph (B), a good that— nating good only if such yarns are wholly registered or recorded with Oman or the (i) has been substantially transformed formed in the territory of Oman or the United States and flying the flag of that from a good or material that is not wholly United States. country; the growth, product, or manufacture of (C) YARN, FABRIC, OR GROUP OF FIBERS.—For (H) a good taken by Oman or the United Oman or the United States, or both; and purposes of this paragraph, in the case of a States or a person of Oman or the United (ii) has a new name, character, or use dis- textile or apparel good that is a yarn, fabric, States from the seabed or beneath the seabed tinct from the good or material from which or group of fibers, the term ‘‘component of outside territorial waters, if Oman or the it was transformed. the good that determines the tariff classi- United States, as the case may be, has rights (B) EXCEPTION.—A good shall not be consid- fication of the good’’ means all of the fibers to exploit such seabed; ered a new or different article of commerce in the yarn, fabric, or group of fibers. (I) a good taken from outer space, if such by virtue of having undergone simple com- (2) GOODS PUT UP IN SETS FOR RETAIL good is obtained by Oman or the United bining or packaging operations, or mere di- SALE.—Notwithstanding the rules set forth States or a person of Oman or the United lution with water or another substance that

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5509 does not materially alter the characteristics that qualify as originating goods under sec- (B) a textile or apparel good for which a of the good. tion 202 of the United States-Oman Free claim has been made that is the subject of a (8) RECOVERED GOODS.—The term ‘‘recov- Trade Agreement Implementation Act. Any verification referred to in subsection (a)(1) ered goods’’ means materials in the form of service for which an exemption from such fee regarding a claim described in subsection individual parts that result from— is provided by reason of this paragraph may (a)(2)(B). (A) the disassembly of used goods into indi- not be funded with money contained in the SEC. 205. RELIQUIDATION OF ENTRIES. vidual parts; and Customs User Fee Account.’’. Subsection (d) of section 520 of the Tariff (B) the cleaning, inspecting, testing, or SEC. 204. ENFORCEMENT RELATING TO TRADE IN Act of 1930 (19 U.S.C. 1520(d)) is amended— other processing of those parts as necessary TEXTILE AND APPAREL GOODS. (1) in the matter preceding paragraph (1)— for improvement to sound working condi- (a) ACTION DURING VERIFICATION.— (A) by striking ‘‘or’’; and tion. (1) IN GENERAL.—If the Secretary of the (B) by striking ‘‘for which’’ and inserting (9) REMANUFACTURED GOOD.—The term ‘‘re- Treasury requests the Government of Oman ‘‘, or section 202 of the United States-Oman manufactured good’’ means an industrial to conduct a verification pursuant to article Free Trade Agreement Implementation Act good that is assembled in the territory of 3.3 of the Agreement for purposes of making for which’’; and Oman or the United States and that— a determination under paragraph (2), the (2) in paragraph (3), by inserting ‘‘and in- (A) is entirely or partially comprised of re- President may direct the Secretary to take formation’’ after ‘‘documentation’’. covered goods; appropriate action described in subsection SEC. 206. REGULATIONS. (B) has a similar life expectancy to a like (b) while the verification is being conducted. The Secretary of the Treasury shall pre- good that is new; and (2) DETERMINATION.—A determination scribe such regulations as may be necessary (C) enjoys a factory warranty similar to under this paragraph is a determination— to carry out— that of a like good that is new. (A) that an exporter or producer in Oman (1) subsections (a) through (i) of section (10) SIMPLE COMBINING OR PACKAGING OPER- is complying with applicable customs laws, 202; ATIONS.—The term ‘‘simple combining or regulations, procedures, requirements, or (2) the amendment made by section 203; packaging operations’’ means operations practices affecting trade in textile or apparel and such as adding batteries to devices, fitting goods; or (3) proclamations issued under section together a small number of components by (B) that a claim that a textile or apparel 202(j). good exported or produced by such exporter bolting, gluing, or soldering, and repacking TITLE III—RELIEF FROM IMPORTS or packaging components together. or producer— (i) qualifies as an originating good under SEC. 301. DEFINITIONS. (11) SUBSTANTIALLY TRANSFORMED.—The In this title: term ‘‘substantially transformed’’ means, section 202, or (1) OMANI ARTICLE.—The term ‘‘Omani arti- with respect to a good or material, changed (ii) is a good of Oman, is accurate. cle’’ means an article that— as the result of a manufacturing or proc- (A) qualifies as an originating good under essing operation so that— (b) APPROPRIATE ACTION DESCRIBED.—Ap- propriate action under subsection (a)(1) in- section 202(b); or (A)(i) the good or material is converted (B) receives preferential tariff treatment from a good that has multiple uses into a cludes— (1) suspension of liquidation of the entry of under paragraphs 8 through 11 of article 3.2 good or material that has limited uses; of the Agreement. (ii) the physical properties of the good or any textile or apparel good exported or pro- duced by the person that is the subject of a (2) OMANI TEXTILE OR APPAREL ARTICLE.— material are changed to a significant extent; The term ‘‘Omani textile or apparel article’’ or verification referred to in subsection (a)(1) regarding compliance described in subsection means an article that— (iii) the operation undergone by the good (A) is listed in the Annex to the Agreement or material is complex by reason of the num- (a)(2)(A), in a case in which the request for verification was based on a reasonable sus- on Textiles and Clothing referred to in sec- ber of different processes and materials in- tion 101(d)(4) of the Uruguay Round Agree- volved and the time and level of skill re- picion of unlawful activity related to such good; and ments Act (19 U.S.C. 3511(d)(4)); and quired to perform those processes; and (B) is an Omani article. (B) the good or material loses its separate (2) suspension of liquidation of the entry of a textile or apparel good for which a claim (3) COMMISSION.—The term ‘‘Commission’’ identity in the manufacturing or processing means the United States International Trade operation. has been made that is the subject of a verification referred to in subsection (a)(1) Commission. (j) PRESIDENTIAL PROCLAMATION AUTHOR- regarding a claim described in subsection Subtitle A—Relief From Imports Benefiting ITY.— (a)(2)(B). From the Agreement (1) IN GENERAL.—The President is author- (c) ACTION WHEN INFORMATION IS INSUFFI- ized to proclaim, as part of the HTS— SEC. 311. COMMENCING OF ACTION FOR RELIEF. CIENT.—If the Secretary of the Treasury de- (A) the provisions set forth in Annex 3–A (a) FILING OF PETITION.—A petition re- termines that the information obtained and Annex 4–A of the Agreement; and questing action under this subtitle for the within 12 months after making a request for (B) any additional subordinate category purpose of adjusting to the obligations of the a verification under subsection (a)(1) is in- that is necessary to carry out this title, con- United States under the Agreement may be sufficient to make a determination under sistent with the Agreement. filed with the Commission by an entity, in- subsection (a)(2), the President may direct ODIFICATIONS.— cluding a trade association, firm, certified or (2) M the Secretary to take appropriate action de- (A) IN GENERAL.—Subject to the consulta- recognized union, or group of workers, that scribed in subsection (d) until such time as is representative of an industry. The Com- tion and layover provisions of section 104, the Secretary receives information sufficient the President may proclaim modifications to mission shall transmit a copy of any petition to make a determination under subsection filed under this subsection to the United the provisions proclaimed under the author- (a)(2) or until such earlier date as the Presi- ity of paragraph (1)(A), other than provisions States Trade Representative. dent may direct. (b) INVESTIGATION AND DETERMINATION.— of chapters 50 through 63 of the HTS (as in- (d) APPROPRIATE ACTION DESCRIBED.—Ap- Upon the filing of a petition under sub- cluded in Annex 3–A of the Agreement). propriate action referred to in subsection (c) section (a), the Commission, unless sub- (B) ADDITIONAL PROCLAMATIONS.—Notwith- includes— section (d) applies, shall promptly initiate standing subparagraph (A), and subject to (1) publication of the name and address of an investigation to determine whether, as a the consultation and layover provisions of the person that is the subject of the result of the reduction or elimination of a section 104, the President may proclaim— verification; duty provided for under the Agreement, an (i) modifications to the provisions pro- (2) denial of preferential tariff treatment Omani article is being imported into the claimed under the authority of paragraph under the Agreement to— United States in such increased quantities, (1)(A) as are necessary to implement an (A) any textile or apparel good exported or in absolute terms or relative to domestic agreement with Oman pursuant to article produced by the person that is the subject of production, and under such conditions that 3.2.5 of the Agreement; and a verification referred to in subsection (a)(1) imports of the Omani article constitute a (ii) before the end of the 1-year period be- regarding compliance described in subsection substantial cause of serious injury or threat ginning on the date of the enactment of this (a)(2)(A); or thereof to the domestic industry producing Act, modifications to correct any typo- (B) a textile or apparel good for which a an article that is like, or directly competi- graphical, clerical, or other nonsubstantive claim has been made that is the subject of a tive with, the imported article. technical error regarding the provisions of verification referred to in subsection (a)(1) (c) APPLICABLE PROVISIONS.—The following chapters 50 through 63 of the HTS (as in- regarding a claim described in subsection provisions of section 202 of the Trade Act of cluded in Annex 3–A of the Agreement). (a)(2)(B); and 1974 (19 U.S.C. 2252) apply with respect to any SEC. 203. CUSTOMS USER FEES. (3) denial of entry into the United States investigation initiated under subsection (b): Section 13031(b) of the Consolidated Omni- of— (1) Paragraphs (1)(B) and (3) of subsection bus Budget Reconciliation Act of 1985 (19 (A) any textile or apparel good exported or (b). U.S.C. 58c(b)) is amended by adding after produced by the person that is the subject of (2) Subsection (c). paragraph (16) the following: a verification referred to in subsection (a)(1) (3) Subsection (i). ‘‘(17) No fee may be charged under sub- regarding compliance described in subsection (d) ARTICLES EXEMPT FROM INVESTIGA- section (a) (9) or (10) with respect to goods (a)(2)(A); or TION.—No investigation may be initiated

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5510 CONGRESSIONAL RECORD — HOUSE July 20, 2006 under this section with respect to any Omani which contains a determination under sec- the Federal Register and shall, within a rea- article if, after the date on which the Agree- tion 312(a) that the President considers to be sonable time thereafter, hold a public hear- ment enters into force with respect to the affirmative under paragraph (1) of section ing at which the Commission shall afford in- United States, import relief has been pro- 330(d) of the Tariff Act of 1930 (19 U.S.C. terested parties and consumers an oppor- vided with respect to that Omani article 1330(d)(1)), the President, subject to sub- tunity to be present, to present evidence, under this subtitle. section (b), shall provide relief from imports and to respond to the presentations of other SEC. 312. COMMISSION ACTION ON PETITION. of the article that is the subject of such de- parties and consumers, and otherwise to be (a) DETERMINATION.—Not later than 120 termination to the extent that the President heard. days after the date on which an investiga- determines necessary to remedy or prevent (iii) REPORT.—The Commission shall trans- tion is initiated under section 311(b) with re- the injury found by the Commission and to mit to the President a report on its inves- spect to a petition, the Commission shall facilitate the efforts of the domestic indus- tigation and determination under this sub- try to make a positive adjustment to import make the determination required under that paragraph not later than 60 days before the competition. section. action under subsection (a) is to terminate, (b) EXCEPTION.—The President is not re- (b) APPLICABLE PROVISIONS.—For purposes unless the President specifies a different quired to provide import relief under this date. of this subtitle, the provisions of paragraphs section if the President determines that the (1), (2), and (3) of section 330(d) of the Tariff (e) RATE AFTER TERMINATION OF IMPORT provision of the import relief will not pro- RELIEF.—When import relief under this sec- Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) vide greater economic and social benefits shall be applied with respect to determina- tion is terminated with respect to an article, than costs. the rate of duty on that article shall be the tions and findings made under this section as (c) NATURE OF RELIEF.— rate that would have been in effect, but for if such determinations and findings were (1) IN GENERAL.—The import relief that the the provision of such relief, on the date on made under section 202 of the Trade Act of President is authorized to provide under this which the relief terminates. 1974 (19 U.S.C. 2252). section with respect to imports of an article (f) ARTICLES EXEMPT FROM RELIEF.—No (c) ADDITIONAL FINDING AND RECOMMENDA- is as follows: import relief may be provided under this sec- TION IF DETERMINATION AFFIRMATIVE.— (A) The suspension of any further reduc- tion on any article that has been subject to (1) IN GENERAL.—If the determination made tion provided for under Annex 2–B of the import relief under this subtitle after the by the Commission under subsection (a) with Agreement in the duty imposed on such arti- respect to imports of an article is affirma- date on which the Agreement enters into cle. force. tive, or if the President may consider a de- (B) An increase in the rate of duty imposed termination of the Commission to be an af- SEC. 314. TERMINATION OF RELIEF AUTHORITY. on such article to a level that does not ex- (a) GENERAL RULE.—Subject to subsection firmative determination as provided for ceed the lesser of— under paragraph (1) of section 330(d) of the (b), no import relief may be provided under (i) the column 1 general rate of duty im- this subtitle after the date that is 10 years Tariff Act of 1930 (19 U.S.C. 1330(d)), the Com- posed under the HTS on like articles at the mission shall find, and recommend to the after the date on which the Agreement en- time the import relief is provided; or ters into force. President in the report required under sub- (ii) the column 1 general rate of duty im- (b) PRESIDENTIAL DETERMINATION.—Import section (d), the amount of import relief that posed under the HTS on like articles on the relief may be provided under this subtitle in is necessary to remedy or prevent the injury day before the date on which the Agreement the case of an Omani article after the date found by the Commission in the determina- enters into force. on which such relief would, but for this sub- tion and to facilitate the efforts of the do- (2) PROGRESSIVE LIBERALIZATION.—If the pe- section, terminate under subsection (a), if mestic industry to make a positive adjust- riod for which import relief is provided under the President determines that Oman has ment to import competition. this section is greater than 1 year, the Presi- consented to such relief. (2) LIMITATION ON RELIEF.—The import re- dent shall provide for the progressive liberal- SEC. 315. COMPENSATION AUTHORITY. lief recommended by the Commission under ization of such relief at regular intervals For purposes of section 123 of the Trade this subsection shall be limited to that de- during the period in which the relief is in ef- Act of 1974 (19 U.S.C. 2133), any import relief scribed in section 313(c). fect. provided by the President under section 313 (3) VOTING; SEPARATE VIEWS.—Only those (d) PERIOD OF RELIEF.— shall be treated as action taken under chap- members of the Commission who voted in (1) IN GENERAL.—Subject to paragraph (2), ter 1 of title II of such Act (19 U.S.C. 2251 et the affirmative under subsection (a) are eli- any import relief that the President provides seq.). gible to vote on the proposed action to rem- under this section may not, in the aggregate, SEC. 316. CONFIDENTIAL BUSINESS INFORMA- edy or prevent the injury found by the Com- be in effect for more than 3 years. TION. mission. Members of the Commission who (2) EXTENSION.— Section 202(a)(8) of the Trade Act of 1974 (19 did not vote in the affirmative may submit, (A) IN GENERAL.—If the initial period for U.S.C. 2252(a)(8)) is amended in the first sen- in the report required under subsection (d), any import relief provided under this section tence— separate views regarding what action, if any, is less than 3 years, the President, after re- (1) by striking ‘‘and’’; and should be taken to remedy or prevent the in- ceiving a determination from the Commis- (2) by inserting before the period at the end jury. sion under subparagraph (B) that is affirma- ‘‘, and title III of the United States-Oman (d) REPORT TO PRESIDENT.—Not later than tive, or which the President considers to be Free Trade Agreement Implementation the date that is 30 days after the date on affirmative under paragraph (1) of section Act’’. which a determination is made under sub- 330(d) of the Tariff Act of 1930 (19 U.S.C. Subtitle B—Textile and Apparel Safeguard section (a) with respect to an investigation, 1330(d)(1)), may extend the effective period of Measures the Commission shall submit to the Presi- any import relief provided under this sec- dent a report that includes— SEC. 321. COMMENCEMENT OF ACTION FOR RE- tion, subject to the limitation under para- LIEF. (1) the determination made under sub- graph (1), if the President determines that— (a) IN GENERAL.—A request under this sub- section (a) and an explanation of the basis (i) the import relief continues to be nec- title for the purpose of adjusting to the obli- for the determination; essary to remedy or prevent serious injury gations of the United States under the (2) if the determination under subsection and to facilitate adjustment by the domestic Agreement may be filed with the President (a) is affirmative, any findings and rec- industry to import competition; and by an interested party. Upon the filing of a ommendations for import relief made under (ii) there is evidence that the industry is request, the President shall review the re- subsection (c) and an explanation of the making a positive adjustment to import quest to determine, from information pre- basis for each recommendation; and competition. sented in the request, whether to commence (3) any dissenting or separate views by (B) ACTION BY COMMISSION.— consideration of the request. members of the Commission regarding the (i) INVESTIGATION.—Upon a petition on be- (b) PUBLICATION OF REQUEST.—If the Presi- determination and recommendation referred half of the industry concerned that is filed dent determines that the request under sub- to in paragraphs (1) and (2). with the Commission not earlier than the section (a) provides the information nec- (e) PUBLIC NOTICE.—Upon submitting a re- date which is 9 months, and not later than essary for the request to be considered, the port to the President under subsection (d), the date which is 6 months, before the date President shall cause to be published in the the Commission shall promptly make public any action taken under subsection (a) is to Federal Register a notice of commencement such report (with the exception of informa- terminate, the Commission shall conduct an of consideration of the request, and notice tion which the Commission determines to be investigation to determine whether action seeking public comments regarding the re- confidential) and shall cause a summary under this section continues to be necessary quest. The notice shall include a summary of thereof to be published in the Federal Reg- to remedy or prevent serious injury and to the request and the dates by which com- ister. facilitate adjustment by the domestic indus- ments and rebuttals must be received. SEC. 313. PROVISION OF RELIEF. try to import competition and whether there SEC. 322. DETERMINATION AND PROVISION OF (a) IN GENERAL.—Not later than the date is evidence that the industry is making a RELIEF. that is 30 days after the date on which the positive adjustment to import competition. (a) DETERMINATION.— President receives the report of the Commis- (ii) NOTICE AND HEARING.—The Commission (1) IN GENERAL.—If a positive determina- sion in which the Commission’s determina- shall publish notice of the commencement of tion is made under section 321(b), the Presi- tion under section 312(a) is affirmative, or any proceeding under this subparagraph in dent shall determine whether, as a result of

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5511 the reduction or elimination of a duty under SEC. 326. TERMINATION OF RELIEF AUTHORITY. globe, and then ask, to what extent are the Agreement, an Omani textile or apparel No import relief may be provided under we dealing with significant trade with article is being imported into the United this subtitle with respect to any article after the United States? States in such increased quantities, in abso- the date that is 10 years after the date on The answer is, the United States is lute terms or relative to the domestic mar- which duties on the article are eliminated ket for that article, and under such condi- pursuant to the Agreement. the world’s largest importer and the tions as to cause serious damage, or actual SEC. 327. COMPENSATION AUTHORITY. world’s largest exporter, so when you threat thereof, to a domestic industry pro- For purposes of section 123 of the Trade measure significance of trade, some- ducing an article that is like, or directly Act of 1974 (19 U.S.C. 2133), any import relief times you would ask yourself not what competitive with, the imported article. provided by the President under this subtitle the impact is on the United States, but (2) SERIOUS DAMAGE.—In making a deter- shall be treated as action taken under chap- what the impact would be on the coun- mination under paragraph (1), the Presi- ter 1 of title II of such Act. try in which we are entering into this dent— SEC. 328. CONFIDENTIAL BUSINESS INFORMA- free trade agreement. And to Oman, I (A) shall examine the effect of increased TION. believe it is extremely important as it imports on the domestic industry, as re- The President may not release information flected in changes in such relevant economic that is submitted in a proceeding under this continues to modernize itself under the factors as output, productivity, utilization of subtitle and that the President considers to Sultan and continues to extend free- capacity, inventories, market share, exports, be confidential business information unless doms and liberties to its people. wages, employment, domestic prices, profits, the party submitting the confidential busi- Yes, it is oil rich. They know that is and investment, none of which is necessarily ness information had notice, at the time of a limited resource. They are interested decisive; and submission, that such information would be in investing in their people. We are in- (B) shall not consider changes in tech- released, or such party subsequently con- terested in helping them do that. nology or consumer preference as factors sents to the release of the information. To supporting a determination of serious dam- But it cannot go unmentioned that the extent a party submits confidential busi- we also need, as we look at the globe or age or actual threat thereof. ness information to the President in a pro- (b) PROVISION OF RELIEF.— ceeding under this subtitle, the party shall the atlas, to make note of the location (1) IN GENERAL.—If a determination under also submit a nonconfidential version of the of Oman, and that this agreement can subsection (a) is affirmative, the President information, in which the confidential busi- be seen in any number of ways, and one may provide relief from imports of the arti- ness information is summarized or, if nec- of the ways would be to allow for a cle that is the subject of such determination, essary, deleted. closer economic relationship with a as described in paragraph (2), to the extent TITLE IV—PROCUREMENT friend that has had a close security re- that the President determines necessary to lationship with the United States. remedy or prevent the serious damage and to SEC. 401. ELIGIBLE PRODUCTS. facilitate adjustment by the domestic indus- Section 308(4)(A) of the Trade Agreements b 1215 try to import competition. Act of 1979 (19 U.S.C. 2518(4)(A)) is amended— (1) by striking ‘‘or’’ at the end of clause Mr. Speaker, I reserve the balance of (2) NATURE OF RELIEF.—The relief that the President is authorized to provide under this (iv); my time. subsection with respect to imports of an ar- (2) by striking the period at the end of Mr. RANGEL. Mr. Speaker, I yield ticle is an increase in the rate of duty im- clause (v) and inserting ‘‘; or’’; and myself such time as I may consume. posed on the article to a level that does not (3) by adding at the end the following new Let me agree with the chairman of exceed the lesser of— clause: the committee. This agreement is im- ‘‘(vi) a party to the United States-Oman (A) the column 1 general rate of duty im- portant not from an economic stand- posed under the HTS on like articles at the Free Trade Agreement, a product or service of that country or instrumentality which is point, it would have little or no impact time the import relief is provided; or on our economy. For political reasons (B) the column 1 general rate of duty im- covered under that Agreement for procure- posed under the HTS on like articles on the ment by the United States.’’. it would be important. For security day before the date on which the Agreement The SPEAKER pro tempore. Pursu- reasons it would be important. enters into force. ant to House Resolution 925, the gen- But I think that most Members SEC. 323. PERIOD OF RELIEF. tleman from California (Mr. THOMAS) would agree that we should have a (a) IN GENERAL.—Subject to subsection (b), and the gentleman from New York (Mr. trade policy that is not a Democratic any import relief that the President provides RANGEL) each will control 1 hour. trade policy or a Republican trade pol- under subsection (b) of section 322 may not, The Chair recognizes the gentleman icy. We should have one that reflects in the aggregate, be in effect for more than from California. the people of the United States of 3 years. Mr. THOMAS. Mr. Speaker, I yield America through the people’s House, (b) EXTENSION.—If the initial period for any myself such time as I may consume. which is the House of Representatives. import relief provided under section 322 is (Mr. THOMAS asked and was given And over the years, it appears more less than 3 years, the President may extend and more that the United States Trade the effective period of any import relief pro- permission to revise and extend his re- vided under that section, subject to the limi- marks.) Representatives will deal with the ma- tation set forth in subsection (a), if the Mr. THOMAS. Mr. Speaker, this par- jority, but on issues that we think are President determines that— ticular agreement is an important one important we have to deal with the (1) the import relief continues to be nec- for a number of reasons. One, the country itself. This is wrong. Whatever essary to remedy or prevent serious damage United States and Oman have been divisions we have politically in our and to facilitate adjustment by the domestic friends in a formal way for almost 100 country, we ought to keep it on this industry to import competition; and years. The Sultanate of Oman occupies side of our flag and not have to expose (2) there is evidence that the industry is an important geopolitical location in these differences with foreigners. making a positive adjustment to import competition. the world, which has become even more So often we have Presidents of Peru meaningful in recent times. and Ambassadors from Oman indi- SEC. 324. ARTICLES EXEMPT FROM RELIEF. Oman has shown its true friendship cating that the majority party has said The President may not provide import re- we can get this out but you have to lief under this subtitle with respect to any to the United States because of the article if— adage: ‘‘A friend in need is a friend in- talk with the Democrats. Well, you (1) the article has been subject to import deed.’’ And Oman has been a friend in shouldn’t have to talk with the Demo- relief under this subtitle after the date on the Middle Eastern portion of the crats, but the United States Trade Rep- which the Agreement enters into force; or world when we needed a friend indeed. resentative should have to talk with us (2) the article is subject to import relief In addition to that, this free trade and Republicans and members of the under chapter 1 of title II of the Trade Act of agreement is significant in the ad- committee. 1974 (19 U.S.C. 2251 et seq.). vancement of opening trade in a num- The House, to a large extent, relies SEC. 325. RATE AFTER TERMINATION OF IMPORT ber of areas very quickly, sort of a on the expertise that is developed by RELIEF. solid, leading-edge kind of agreement those of us who are privileged to serve When import relief under this subtitle is that we would like to see in a number on the Ways and Means Committee, terminated with respect to an article, the rate of duty on that article shall be the rate of other countries around the world. and we owe it to our Members to say that would have been in effect, but for the One of the remarks that might be what is in the trade bill and what is provision of such relief, on the date on which made is, Oman, Oman, let me double- not in the trade bill. But also, in order the relief terminates. check, take a look at an atlas or the to give a fair explanation, we should

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5512 CONGRESSIONAL RECORD — HOUSE July 20, 2006 know what USTR intends to put in the Mr. HERGER. Mr. Speaker, in 2003, Mr. Speaker, I rise in reluctant oppo- bill. President Bush called for the creation sition to the Oman Free Trade Agree- Now, over the years, all we have said of a Middle East Free Trade Area in 10 ment. I do that for two basic reasons. is this: The the details of a bill should years to bring the Middle East into an First, this agreement contains provi- be fair, and as far as I am concerned, expanding circle of opportunity. To sions that would allow companies America should have a fair advantage. date the administration has success- owned by foreign governments to move We should make certain that we are fully negotiated free trade agreements into port operations. This is one of our able to see that our products have ac- with Bahrain, Jordan, Morocco, and first opportunities to deal with this cess to their markets. But there is also Oman to provide a solid foundation for since this matter became a matter of something that I think is a principle the MEFTA initiative. attention of this body earlier this year that is American, and that is that the As the Wall Street Journal noted in when Dubai Ports World attempted to basic rights of the workers should be an editorial the other day: ‘‘The deal take over port operations in many protected. On so many bills the reli- would make all U.S. industrial and ports in the United States, including gious leaders, the labor leaders, the consumer products duty free imme- my own port of Baltimore. We spoke farmers, the peasants come to us and diately and phase out farm tariffs over pretty decisively about our concern say, Please support the bill but please 10 years.’’ about allowing companies owned by make certain that you have the same The promise of the Omani agreement foreign countries to be involved in type of protections in that bill to pro- before us is expanded market opportu- principal port operations. tect our rights of assembly, protect our nities for U.S. exporters, greater finan- The language in this free trade agree- rights to strike, as you have in that cial integrity in the world economy, ment opens the door for exactly that to bill for intellectual property rights. and enhanced regional stability. Over- occur. Under the services provision, We have taken the lowest possible de- all, by developing greater economic there is a provision that allows landside aspects of U.S. port activities, nominator and taken the International friendship in the Middle East with including operation and maintenance Labor Organization regulations. And modernizing economies like Oman, we of docks; loading and unloading of ves- we have had people say they have no also advance America’s national secu- sels directly to and from land; marine problem with that, but somehow that rity objectives in the broader war on cargo handling; operation and mainte- is never, but never, discussed in our terrorism. nance of piers; ship cleaning; steve- committee even though we have an As the 9/11 Commission report rec- doring; transfer of cargo between ves- amendment that deals with the Peru- ommended, ‘‘Any comprehensive U.S. sels and trucks, trains, pipelines, and vian Free Trade Agreement that at strategy to counterterrorism should in- wharves; and waterfront terminal oper- this very moment is in the hearing clude economic policies that encourage ations, to be given out to the Omanian room. We are not talking about it. We development, more open societies, and companies that could very well be are debating an amendment. What we opportunities for people to improve owned by that government. should be talking about is what is good their lives.’’ The U.S.-Oman FTA em- for both of these countries and can we To make the matter even worse, if bodies this principle. the Dubai Ports World were to estab- walk away from these trade agree- Mr. Speaker, I strongly support the ments knowing that it is good for lish operations in Oman, then they U.S.-Oman Free Trade Agreement and could actually come in and operate our America, but we are not driving the urge its passage in the House. workers to the lowest possible denomi- ports under the protection of this Mr. CARDIN. Mr. Speaker, I yield for agreement. nator; but we would like to be able to the purpose of making a unanimous say that there are basic protections for You will hear during the course of consent request to the gentleman from the people, especially in developing this debate that the United States has Michigan (Mr. KILDEE). countries that we do business with. the ability to prevent that from hap- (Mr. KILDEE asked and was given So, Mr. Speaker, Democrats have to pening. And, Mr. Speaker, I acknowl- permission to revise and extend his re- be respected. We may be in the minor- edge that under any trade agreement, ity, but we should not be excluded in marks.) no other country can order us to do Mr. KILDEE. Mr. Speaker, I rise in participating in discussions with the anything other than what we want to United States Trade Representatives. opposition to H.R. 5684. do. We maintain sovereignty. And the United States Trade Rep- Mr. Speaker, this Oman FTA is harmful and But let me remind you that under resentatives should not send us to for- unbalanced and threatens our National Secu- trade agreements there are certain eign representatives in order to see rity. penalties that are imposed if we do not what we can get in the bill. They are This FTA is just a small part of a larger live up to those provisions. We in Con- supposed to be our negotiators the trade policy that has not been in the best in- gress were required to change our For- same way they are the majority par- terest of U.S. workers, small businesses, farm- eign Sales Corporation tax laws. We did ty’s negotiators. That does not happen. ers or the economy and environment. it. We didn’t have to do it, but if we did I do believe that it should. I have voted against every harmful and un- not do it, tariffs would have been im- Mr. Speaker, I yield the balance of balanced trade agreement that has come be- posed and continued to be imposed my time to the gentleman from Mary- fore this HOUSE. against our products. land (Mr. CARDIN), who is the senior I would welcome the opportunity to vote for So this is a serious issue. The United member of the Trade Subcommittee, an agreement with strong and enforceable States has the opportunity under this who has put in hours of work on this, labor and environmental protections. agreement to block such an operation and I ask unanimous consent that he Unfortunately the U.S.-Oman FTA has nei- under the essential security exception. be allowed to control that time. ther of these and I will be voting against this However, Oman would have the right The SPEAKER pro tempore. Is there bad trade deal. to challenge that under dispute settle- objection to the request of the gen- The FTA falls short of the labor protections ment, and under chapter 20 we have not tleman from New York? that must be included to make an acceptable excluded this determination from dis- There was no objection. agreement. pute settlement resolution. It can hap- Mr. THOMAS. Mr. Speaker, I would We need a time-out on trade and stop this pen. The pressure can build on our like to yield 20 minutes to the gen- ‘‘race to the bottom.’’ country. We do not have a very good tleman from Virginia (Mr. MORAN), and Our trade agreements have not significantly track record with dispute settlement I ask unanimous consent that he be al- raised the living standards in foreign nations. tribunals. In fact, our record is around lowed to control the 20 minutes. And U.S. trade policy has forced American less than 20 percent success when it The SPEAKER pro tempore. Is there workers to compete on an uneven playing comes to imposing penalties against objection to the request of the gen- field. the United States. This administration tleman from California? By defeating this FTA, we will tell the Ad- has already shown a willingness to There was no objection. ministration that no longer will we accept allow companies owned by foreign Mr. THOMAS. Mr. Speaker, I yield 2 harmful and unbalanced trade agreements. countries to operate port facilities in minutes to the gentleman from Cali- Mr. CARDIN. Mr. Speaker, I yield the United States. This is another op- fornia (Mr. HERGER). myself such time as I may consume. portunity for them to move forward on

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It is the same language as to meet International Labor Organiza- factured products that generate jobs in Bahrain, the same language as Central tion standards. And I will give you this country. And what we buy from America. There is no change here. chapter and verse of letters that we them is largely natural resources, and In terms of labor law, and I will ad- have written because, as you know, the some textiles, but mostly oil and gas. dress this subsequently after people ad- standard is enforce your own laws, and They want to be able to buy more. dress it on the Democratic side to lay Omanian laws are not up to ILO stand- They want to make it easier for us to out their objections, but I have read ards. Foreign workers in Oman do not sell by reducing tariffs and quotas. the communication from the Sultan, as have the right to join a union for a I trust others have. He is willing to b 1230 year. They are required to speak Ara- agree to the labor rights issues. He bic before leading a union. And the But, most importantly, is the larger wants to abide by the International Government of Oman still does not context of this agreement. Oman sits Labor Organization’s standards. He have a law that prohibits employers on the Strait of Hormuz. More than 20 wants to do everything it takes to from withholding passports or other percent of the world’s oil supply goes show that he gets it, that he wants a documentations from the 80 percent of through that strait. Guess who sits on higher quality of life, a better standard foreign workers in Oman, practices the other side of that strait? Iran. of living and more worker protections that can lead to human trafficking, as Oman is right next to Saudi Arabia. in Oman than his people have today. we have seen in Jordan. There are still Saudi Arabia has been the instigator Now, the democratically elected Ad- inadequate laws to protect against and the promoter of an Arab boycott visory Council is not in session right anti-union activities. And the list goes against Israel, and this relatively small now, but within 3 months he will get on and on and on. country has dedicated itself to break- them all passed. When the Sultan says In Bahrain we not only had the com- ing that boycott. he is going to do it, that is it. We may mitment to change law, we saw the We have a letter from AIPAC here prefer the niceties of a democracy and change in practice. We do not have supporting this because Oman has been so on, but the reality is that these laws that in Oman. We have not met the willing to break the tertiary, sec- are going to be changed if the Sultan Bahrainian standard, and for that rea- ondary and primary boycotts of Israel. commits to changing them. son alone this agreement should be re- Here is the letter right here. So I really urge my colleagues to jected. Now, when we were attacked on 9/11/ support this. So whether it is a matter of national 2001, we put together a bipartisan com- One other aspect that I haven’t men- security in regards to our ports or a mission of very thoughtful and knowl- tioned, and I will get into it in a great- matter of standing up for basic inter- edgeable people, and one of the most er degree later, Oman has a military national workers’ rights, this agree- important recommendations that that access agreement with us. They have ment comes up short and should be re- commission came up with was that we had it since 1981. They keep renewing jected. as a country need to reach out to the it. We keep putting more and more Mr. Speaker, I reserve the balance of modern, progressive Arab world. We forces through Oman for the war in my time. have got to do it. We can’t isolate our- Iraq. They were of immense help in the Mr. MORAN of Virginia. Mr. Speak- selves from a billion-and-a-half Mus- Gulf War. er, I yield myself such time as I may lims, because then that is going to I don’t know what one country can consume. radicalize people in their country. We do to be more deserving of a trade This trade agreement needs to pass. have got to walk through these doors agreement with the United States. This trade agreement is so clearly in that they are willing to open up and Mr. THOMAS. Mr. Speaker, I yield America’s interest. show what happens when you trade myself such time as I may consume. I Now, when you look at the total with the United States, when you trade do so with a degree of trepidation, be- amount of trade between the two coun- with progressive democracies. This is cause I take the time, number one, to tries, it may not seem like a big deal. exactly what that 9/11 Commission rec- thank my colleague from Virginia. I A billion dollars, what is that? Four ommended. hope my acknowledgment doesn’t do one-hundredths of 1 percent of our I am pleased that we overwhelmingly him too much damage, because his economy, $500 million each way. That supported the Bahrain Free Trade statement was not only eloquent, but is no big deal. Agreement, but this is an even better accurate and, we all know, prescient. But that was my daughter calling, trade agreement. It is hard to believe It is absolutely critical that we con- and that is what this is really about. that we are questioning the fact that tinue to build the kind of relationships This is about the future; whether we this is in America’s interest. It is so in that portion of the world that this engage with the peaceful and progres- overwhelmingly in America’s interest. agreement reflects. sive Arab world or whether we blow up A couple of red herrings have been Mr. Speaker, I yield the remainder of the bridges that they are trying to brought up; and as much as I respect the time and control of that time to build with America and with the mod- and admire my colleagues who have the gentleman from Florida (Mr. ern Western world. brought up these red herrings, we are SHAW), the chairman of the Trade Sub- Oman was the first Arab country to all entitled to our own opinions, but committee; and prior to that, I yield 2 send an Ambassador to the United not our own set of facts. minutes to the gentleman from Illinois States. Today, they have the first The facts are that we asked the Con- (Mr. WELLER). woman and the only Arab woman Am- gressional Research Service to look The SPEAKER pro tempore. Without bassador to the United States. They into this. They came up with a report objection, the gentleman from Florida are showing by their actions that they that was compelling and definitive: will control the balance of the time. get it. They understand that when 60 there is no national security interest There was no objection. percent of their population is under the involved here, because if we decide Mr. WELLER. Mr. Speaker, I rise in age of 18, they have got to go forward, there is a national security threat, support of what is a very good trade not backward to fundamentalism and which we self-define, that trumps ev- agreement, both for the United States to the kind of theocracy that has ham- erything else, and at any time we can as well as for our friend and ally, the pered so many of their neighbors. They raise the essential security justifica- nation of Oman. need to move forward. But they need tion. No one else has the authority to It was interesting, I hear a lot of ref- the help of the United States to move second-guess what it takes for us to erences in this body to those who argue forward. protect our national security, and that every one of the bipartisan 9/11

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Commission recommendations should Mr. Speaker, I now yield 31⁄2 minutes of bipartisan trade foundations in this be implemented. Today, we have before to a senior member of the Ways and country. It is unnecessary. us one of those recommendations, that Means Committee, an expert on inter- We could take the time to see what is, the 9/11 Commission recommended national trade and worker rights, the these decrees mean, whether they are that we as the United States work to gentleman from Michigan (Mr. LEVIN). beginning to meet basic ILO standards, further expand trade agreements with (Mr. LEVIN asked and was given per- so that more and more people will par- our friends and allies in the Mideast, mission to revise and extend his re- ticipate in the benefits of and Oman is one of our oldest allies. As marks.) globalization. If that doesn’t happen, my colleague from Virginia noted, we Mr. LEVIN. Mr. Speaker, Oman is a globalization will continue to be in have 170 years of friendship with the small nation, but there are some large deep trouble. It will lose ground when small nation known as Oman, a friend issues here. It is an important place, it should not. and ally, a cooperative partner. and I would like to support an FTA That is one of the major reasons to This agreement that is before us is with Oman, as I and many others did oppose this agreement at this time, to good for U.S. manufacturers, it is good with Bahrain. oppose it. You are turning your back for Illinois manufacturers, it is good There is an important issue that re- on any chance of bipartisanship. for Illinois workers, it is good for Illi- lates to the path of globalization. Mr. MORAN of Virginia. Mr. Speak- nois farmers. Immediately, once it goes Globalization has become increasingly er, I yield myself such time as I may into force, 100 percent of manufactured controversial. Expanded trade, that I consume. goods exported from the United States favor, has been hitting road bump after Mr. Speaker, I want to thank the to Oman are duty free. Immediately, 87 road bump. One major reason is be- gentleman from Michigan and the gen- percent of U.S. farm products, corn and cause too many people within coun- tleman from Maryland and their col- soybeans from Illinois, are duty free, tries are not sharing in the benefits. leagues for raising any number of labor and the remaining tariffs are phased Too many people are being left out. issues in their discussion of the mark- out over a short period of time. Again, And that is why we have to care. up of the Omani trade agreement. In this is good for Illinois workers and Among those who are being left out fact, in large part that resulted in the manufacturers and farmers. are workers. And how do we make sure Sultan issuing a decree that incor- Also know that Oman has imple- that workers participate, are part of porated virtually all of those labor mented significant labor reforms, en- the process? By making sure in free laws that he could decree. And his de- acted major labor reforms in 2003 and, trade agreements that they have their cree is law. like Bahrain, has followed up with spe- basic international rights. These are For example, on July 8, 2006, this de- cific commitments to ensure that its the basic ILO core labor standards, not cree prohibited forced labor, including laws provide protections for workers. American standards, especially the coercion by withholding travel docu- Again, this is a good agreement for right to associate and to bargain. ments of foreign employees. It en- workers as well. In Oman, workers do not have those dorsed collective bargaining and the Some on the other side of the aisle rights. There are no worker organiza- use of strikes as a legitimate tool. It are trying to manufacture new issues; tions today in Oman. There are only prohibited termination of employment trying to claim that somehow by hav- labor management committees, rep- or any other kind of retribution for ing a trade agreement with Oman, a resentative committees. In a document union activity. It terminated effective Middle Eastern country, that we are that the Department of Labor gave to immediately the Omani government’s jeopardizing our port security. It is a us a few weeks ago, it stated that man- representation in union activities. It red herring. It is a phony issue. agement holds 70 to 75 percent of the provided specific enforcement tools for The Congressional Research Service leadership positions in those commit- violations of collective bargaining has stated that those statements are rights, and it provided rights of work- misleading. Under the review process tees. There is an umbrella committee of these RCs, and management holds ers against forced or coerced labor and this agreement is not affected. against child labor. This agreement deserves bipartisan all of the positions on the executive support. committee. b 1245 Mr. CARDIN. Mr. Speaker, I yield So, look, we need to have a free trade There are further International myself 1 minute to correct the record. agreement that meets the basic ILO Labor Organization standards that the To my friend in Virginia who quoted standards in practice and in law. In Omani Government intends to pass. It AIPAC, the letter was the letter ad- Bahrain, they were there in practice has to wait until its advisory panels dressed to me that complimented the and they made commitments to do so meet and puts the implementing regu- manner in which we have worked in a in law. In Oman, Mr. MORAN and oth- lations into effect. But that will be bipartisan manner to deal with the ers, there is no semblance, semblance, done in the next 3 months. That is a Arab boycott, in both the Bahrain of workers having their rights. There pretty short period of time. The end of agreement and the Oman agreement; are no worker organizations. October is when the Sultan committed Oman said to us they could not do but it does not talk about support for to implementing all of his labor com- anything until November because the this legislation. mitments into effect. I would also point out that our Sultan had to consult. Then in the last Mr. LEVIN. Mr. Speaker, will the friends from the WTO have been pretty few weeks, actually the last few days, gentleman yield? clear about the dispute settlement sys- we have a kind of statement of decrees Mr. MORAN of Virginia. I yield to tem working: ‘‘It must not be possible of the Sultan. I guess he did not have the gentleman from Michigan. for one country to evade its operations to consult with the legislature. But so Mr. LEVIN. So does that mean that simply by proclaiming its national se- many of those have to be implemented those provisions are not in Omani law curity is involved, however farfetched by ministerial decree. today? such a claim may be. Yet when na- Mr. MORAN said the Sultan is willing Mr. MORAN of Virginia. Those provi- tional security is really involved, laws to agree to anything. Let us see laws in sions are law but a number require reg- that are contrary to international place, with meaning as to what they ulations. trade rules must be permissible.’’ But imply. Mr. LEVIN. But they are not in law, they said that ‘‘no country should be I want to close with this. The Trade right, until there is action? allowed to be the judge and jury of its Representative has said this, our new Mr. MORAN of Virginia. The Sultan’s own cause.’’ Trade Representative, Ambassador decree is law. Mr. LEVIN, the purpose of We don’t give away our national sov- Schwab: ‘‘Erosion of America’s tradi- a trade agreement is to advance ereignty, but we are able to be second- tional bipartisan support is the most progress and communication and eco- guessed by a dispute settlement panel. pressing problem we face in trade nomic interdependence, it seems to me. They can rule against us, and have today.’’ And to the extent we can, to promote ruled against us, and they can put pres- How true. And it affects the WTO ne- social progress. sure on us through tariffs so we in fact gotiations. Proceeding like this today There is an enormous, profound compromise our security. is another nail in what is a near coffin agreement here on Oman’s part that it

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The Exon-Florio Amendment falls with- generated not one, not two, but a whole in the national security exception, noted not perfect. school of red herrings that I think have above, as a provision that the United States But Oman is not known in the Arab to be knocked down quickly in succes- ‘‘considers necessary for . . . the protection world or to anybody that knows Oman, sion. of its own essential security interests.’’ as a particular violator of labor rights. We have heard a little of it already Port security in our country is not man- I do not know of any of these kinds of this afternoon on the floor. What is aged by port terminal operators. A combina- forced labor places that have been ref- fairly clear is that the U.S. FTA with tion of municipal and State port authorities, the U.S. Customs and Border Protection, and erenced. I have been to Oman. I have Oman clearly has worked through and read everything that I could. the U.S. Coast Guard are responsible for our worked closely with the International Nation’s port security. They want to get better, but I do not Labor Organization, and also with civil As the Secretary of the Treasury, it is my think to suggest that the fact that society in Oman, the U.S. Congress, responsibility to ensure the Exon-Florio they are not perfect now is reason to and the U.S. executive branch. amendment is executed. Protection of the destroy, to vote against an agreement The measures that have been devel- national security is my highest responsi- that would substantially advance the oped have gone through a legally man- bility. To be clear, the FTA negotiated with cause of labor protections. Oman neither subjects national security in- dated legislative, consultative process, terests to a third-party tribunal’s assess- Mr. LEVIN. First of all, there are no and it has resulted in clear guarantees worker organizations today. But let me ment—as some have alleged—nor does it on labor. alter, amend, or adjust the President’s Exon- ask you this: Is there any other provi- On the matter of port security, crit- Florio statutory powers to protect the Na- sion in this agreement that is based on ics of the U.S.-Oman Free Trade Agree- tion’s security in any way. a promise, just a promise, rather than ment have manufactured an issue, and The FTA with Oman provides greater op- having it in the agreement in the law portunities and opens new markets for U.S. we have heard this reiterated this between the two countries? Is there products, investors, and workers. I urge you morning, by claiming that the agree- any other, like the tariff reductions, or and your colleagues to pass the legislation to ment gives foreign service providers anything else? implement this FTA as soon as possible. It is not that they promised to do unprecedented access to U.S. ports and Sincerely, is a threat to U.S. security. This is ab- HENRY M. PAULSON, Jr., something, it says ‘‘they will be.’’ And Secretary of the Treasury. we could, instead of saying enforce surd. Mr. Speaker, I have studied this issue your own laws, say that within a rea- May I introduce for the RECORD a let- sonable period of time that these laws ter to Speaker HASTERT from the Sec- extensively, and so has the nonpartisan shall be in place and enforceable under retary of the Treasury who says, in Congressional Research Service. And the agreement. part, ‘‘The FTA negotiated with Oman what becomes fairly clear is that there But there is no enforceability, is neither subjects national security in- is absolutely no merit to this charge. there? If they do not do this, if the leg- terests to a third-party tribunal’s as- The Oman FTA provides no new rights islature does not act, there is no abil- sessment, as some have alleged, nor to supply port-related services. In fact, ity to enforce it except to consultation, does it alter, amend or adjust the as CRS notes, ‘‘The agreement actually and that is it? Is there any other place President’s Exon-Florio statutory pow- places further restrictions on Omani in the agreement that says enforce ers to protect the Nation’s security in port services, because it makes market your own laws instead of saying what any way.’’ access conditional upon equal access they will be with enforcement? DEPARTMENT OF THE TREASURY, for U.S. suppliers.’’ Mr. MORAN of Virginia. Mr. Speak- SECRETARY OF THE TREASURY, The FTA preserves the CFIUS proc- er, reclaiming my time. You know as Washington, DC, July 20, 2006. ess, and does not interfere with it or in well as I do that it would be better if Hon. J. DENNIS HASTERT, any way weaken it. In addition, the we could make labor protections a Speaker of the House of Representatives, FTA preserves the right of Congress to more integral part of many of these Washington, DC. strengthen the CFIUS process for na- DEAR MR. SPEAKER: I understand that con- tional security reasons without run- trade agreements. But I would also cerns have recently arisen over the U.S.- suggest that anybody that looks at this Oman Free Trade Agreement, FTA, and its ning afoul of our obligations under the trade agreement with an open and ob- possible link to the security of U.S. ports— agreement. jective mind would come to the conclu- particularly regarding the dispute settle- Critics have taken shots at the essen- sion that this is substantial advance- ment provisions. tial security exception and have manu- ment, that this is not only consistent First, this agreement is strongly sup- factured a bizarre hypothetical to scare with prior trade agreements, but this is portive of our national security in general Members into voting against the facts better than prior trade agreements, and the war on terror specifically. It marks and against our key ally. another important step in our efforts to The essential security exemption and that this will create a more pros- deepen and strengthen commercial ties with perous, a more open society in the Mid- provides complete protection, applying countries in the Middle East that are trying to all investments whether they are dle East, and that Oman is an ally that to modernize and give their people long-term has always been dependable. economic opportunities and political rights. subject to the CFIUS process or not. On July 8, the Sultan made these The United States should be a catalyst for Importantly, no party can appeal the labor protection law. economic growth and stability in the region essential security exception. In other The Sultan has never said anything and an active supporter and partner of coun- words, if the U.S. blocks investment with regard to use of troops, with re- tries, such as Oman, that are seeking to inte- for national security reasons, reasons gard to economic agreements, with re- grate into the global trading community. defined solely by the U.S. itself, then Oman has been a solid ally in our efforts in gard to trade with Israel, which they that is the final word. This self-judging the Middle East and in the war on terror, and standard provides foolproof tools to the do conduct despite all of the pressure we need to demonstrate to all countries that on them from Saudi Arabia and other our allies in this effort have a reliable friend U.S. to block investment when it is countries where he has not kept his in the United States as they seek a better counter to our national security. word. In every instance, he has kept economic future. I realize there will be an argument his word. Second, Article 21.2 of the U.S.-Oman FTA that an entity can somehow set up a It seems to me that is a relevant con- provides for a national security exception shell corporation in Oman and attach sideration. that allows the United States to take meas- itself to the mutually beneficial provi- Mr. Speaker, I reserve the balance of ures that we determine are necessary for the sions of the FTA. But even in this situ- my time. protection of our essential security inter- ation, the fact remains in any instance, Mr. SHAW. Mr. Speaker, at this time ests. the U.S. can invoke its essential secu- Foreign acquisitions of companies in the I yield 4 minutes to the gentleman United States that operate port terminals rity exception and block investment in from Pennsylvania (Mr. ENGLISH), a are subject to section 721 of the Defense Pro- the U.S., be it by an Omani company or distinguished member of the Ways and duction Act, the Exon-Florio amendment, by a company from any other country Means Committee. which authorizes the President to block and/ with substantial business activity.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5516 CONGRESSIONAL RECORD — HOUSE July 20, 2006 We have heard that the WTO might weakening our national security, and est. But its rejection would set back an entertain a challenge to this provision. this agreement does do that. We should important strategic relationship, one But the fact remains there is no exam- stand united and demand that these that this and previous administrations ple of the WTO challenging success- free trade agreements start with us ne- have done a very good job advancing. fully any country’s use of this excep- gotiating for the best interests of the Let’s not go that route. I ask my col- tion. This is purely a red herring. This United States. leagues to support this agreement. is empty rhetoric. We need to approve We will continue to see more unless Mr. CARDIN. Mr. Speaker, I yield 31⁄2 this FTA. we do that today. I urge my colleagues minutes to the gentleman from New Mr. CARDIN. Mr. Speaker, I yield to reject this agreement. Jersey (Mr. PASCRELL), one of the lead- myself 30 seconds to just clarify the Mr. SHAW. Mr. Speaker, I yield 21⁄2 ing voices on workers’ rights. record. Let me assure my friend from minutes to the gentleman from Cali- Mr. PASCRELL. Mr. Speaker, we Pennsylvania that the efforts by Dubai fornia (Mr. ROYCE), the chairman of the need to get one thing straight here be- Port World was real to the port of Bal- terrorism committee. fore I start, and that is that those of us timore and other ports. This is not a Mr. ROYCE. I thank the gentleman who oppose this trade agreement are hypothetical. for yielding. not against trade, are not against ex- Let me also assure my colleagues, I Mr. Speaker, I rise in support of this change. How dare anybody stand on heard the same discussion when we U.S.-Oman Free Trade Agreement. As this floor and refer to the 9/11 Commis- were changing corporation laws to help mentioned, I chair the Subcommittee sion’s report. Chapter 12. I have read exporters, only to find that we were re- on International Terrorism and Non- the 9/11 Commission’s report, by the jected by international panels. We proliferation of the International Rela- way. I think that is a good start. don’t have the unilateral right to make tions Committee. The 9/11 Commission report, chapter these determinations. We do give that There are several reasons to support 12, talks about global strategy. If you to dispute panels. this agreement. My comments will be read the entire chapter and you want Mr. Speaker, I yield 3 minutes to the focused on viewing this agreement as a to talk about strategy, trade must be gentleman from Maine (Mr. MICHAUD), means to advance our struggle against part of when we are communicating who has been one of the leaders on fair terrorism. Our country is facing deep with other countries. There is no ques- trade here in this body. challenges, deeper than most Ameri- tion about it. Mr. MICHAUD. Mr. Speaker, I thank cans probably realize. For those of us who believe that we the gentleman for yielding me time. need to support this trade deal, this Mr. Speaker, I rise today to oppose We are in a deadly serious struggle unfair trade deal, and it is going to the Oman Free Trade Agreement. I say against Islamist terrorism and against help workers in Oman, as well as the to my colleagues on both sides of the its state sponsors. And in this struggle workers in the United States of Amer- aisle, if we are really serious about na- we need all of the friends that we can ica, I don’t know what you need to tional security, especially given the bi- get. And Oman has been a friend. The refer to. Because the State Depart- partisan outrage over the Dubai Ports fact is that Oman has been helpful in ment, our own State Department, says World situation earlier this year, we advancing our strategic interests in that foreign workers at times were must reject the Oman Free Trade the Persian Gulf region. We store mili- placed in a situation amounting to Agreement. tary equipment there. Simply put, foreign tribunals should Oman has been helpful in combating forced labor in Oman. This deal isn’t not determine what is, in fact, a secu- terrorism. It has checked the flow of for workers. This deal is for the few, rity threat to the United States of money to terrorist organizations, like most of the trade agreements that America. This provision should not be something we need to do more on and we have given into. in this trade agreement. The inter- with in terms of other Gulf States. We have surrendered our ability, as a national trade agreement would re- Other major countries use trade to ad- branch of the government of this coun- quire the United States to allow any vance their strategic interests. I am try, under Article I, section 8, that the Omani company to provide landside as- going to explain for a minute that Congress be in charge of commerce. We pects of U.S. ports activities. China is doing this, and China is cer- have surrendered our ability to be A new CRS report further confirms tainly doing it also all over Africa. I trade negotiators to the executive that a company operating in Oman have been in 22 countries in Africa, and branch of government. could use the Oman Free Trade Agree- I have watched China do this from I have high hopes for Oman and its ment to obtain this new right guaran- North Africa to subSaharan Africa. people. We need more moderate and teed by the international trade agree- Fortunately, there we are competing forward-thinking nations like Oman in ment, Dubai-United States ports oper- in trade through AGOA, competing for the Middle East. We need to look at ations. influence. You know elsewhere around how much foreign aid we provide to Who is to say that al Qaeda would the globe, China is competing for ac- Oman, and even Lebanon, we, who want not set up shop in Oman to gain access cess to oil and other strategic re- to help the Lebanese stop Hezbollah, and control of our ports? We have al- sources. They are gaining political and then we give them $43 million. ready seen how they have worked this friends. I am not against free trade. I am in the past. They set their men in The difference is that China under- against these free trade agreements United States soil years before the Sep- mines transparency and the rule of law which do not benefit the American tember 11 attack to take flight lessons. in many countries. But the U.S.-Oman worker. I am not a protectionist, but I They know how the system works. agreement strengthens transparency think we should protect the American They are strategic in their planning. and the rule of law, which are long- worker. This agreement may be to the Do you really think terrorists could standing American values. liking of a few wealthy CEOs here in not take advantage of this provision? This agreement is good economics. In America, it may be to the liking of the It is bad enough that we are asked to that sense it is like the African Growth Sultan of Oman, but it does not rep- support agreements that will shift and Opportunity Act. This agreement resent the interests of workers in this more jobs overseas, that undermine our will increase access to the Oman mar- country. It is time for a new direction environmental standards, and that ask ket for American exporters of agricul- in free trades. We need free trade which us to stick our head in the sand over tural products, health care and engi- is modeled around human beings and serious human rights violations. neering services, among others, but it not around big business interests, be- But it is simply unacceptable to ask is good strategy too. The 9/11 Commis- cause human beings are the ones who this Congress to support legislation sion recommended that we pursue this drive our economy. They are the ones that could potentially undermine the type of policy. who will build our partnership with security of our Nation. At the very other nations. least, USTR should exclude the ports b 1300 We need free trade agreements that from this deal and all future deals. It is true that the agreement’s eco- enforce the principle of workers’ Mr. Speaker, I cannot think of one nomic significance is not that large. rights. That is right. That is what this Member of Congress who would support U.S. trade with Oman will remain mod- debate is all about: will we defend the

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5517 rights of workers of Oman, or will we ers went on strike. Strikes continue to bipartisan debate. He didn’t want any- take a step back in the right of all this day with no repressive tactics, no thing to be divided Democrat or Repub- workers to organize freely. This coun- government reprisals. lican. The Sultan said, I am going to try doesn’t recognize the right of work- And the Omani Government has rep- live up to my word, giving us all of the ers to organize. We need to defeat this resentatives of the International Labor indications that they are going to do trade agreement. Organization on the ground in Oman the right thing. The proponents of the Oman Free Trade working with them to develop more I know I heard in this debate some Agreement would have you believe that my and stronger standards. say, well, there is no agreement that it colleagues and I who oppose this agreement Mr. PASCRELL. Will the gentleman happened where there is a promise be- do so because we are against free trade or yield? fore the vote on the bill. I just thought maybe because we are against the nation of Mr. MORAN of Virginia. I will short- to myself, I said, that is not true. Be- Oman. Both claims could not be further from ly. I am about out of time. If you can cause I know in this bill, as in other the truth. refute that, I will yield 15 seconds to bills, IP protections, there is a lot that The fact is that I have high hopes for Oman the gentleman. has to take place and laws that have to and its people. We need more moderate and Mr. PASCRELL. Thank you. Do you be changed after this bill has been forward-thinking nations like Oman in the Mid- deny that the State Department has passed. dle East. put us on alert as to how workers are We did it in Bahrain. I have a letter In fact we gave Oman only $16.5 million in treated, foreign workers particularly, right here that was signed by Rob foreign appropriations, which I think would be in Oman, that they are forced to work? Portman at the time saying, basically, a more effective vehicle to build a strong part- Are you denying that State Depart- that we want to make sure that Bah- nership rather than through this flawed free ment report? rain, and this was a commitment letter trade agreement. Mr. MORAN of Virginia. Yes, I am, and a clarification letter, saying that An example of this is the sad fact that we because the fact that a government after the bill was passed that they gave Lebanon only $43.2 million in foreign ap- takes your passport, any number of would do certain things in their law. propriations, of which only a scant $7.7 million governments do that. The German Gov- That is no different, no different, than went to military and counterterrorism efforts. ernment used to do it. I don’t know if what’s in this bill. Perhaps if we had invested more into Lebanon they do it now. That doesn’t mean that So I say we have got to do what is we could have avoided the deadly situation we is forced labor. They hold your pass- right. If it was right, and we sent the are currently witnessing. port, but that doesn’t mean that you right message to Bahrain, it has got to Similarly, I am not against free trade, what can’t get it when you want to leave the be right and we send the right message I am against are these free trade agreements country. to Oman. This is a small country. It is which benefit a few to the detriment of work- But the fact is that now the decree not going to have a heavy impact on ers. This agreement may be to the liking of a has been issued, and that tactic cannot the United States of America. It is not few wealthy CEO’s here in America and it may be used. going to make a difference to John Q. be to the liking of the Sultan of Oman, but it Mr. PASCRELL. It is used. Public and the United States of Amer- does not represent the interests of the workers Mr. MORAN of Virginia. It is no ica with reference to jobs, but it can here in the United States or in Oman. longer legal to use such a tactic. It is make a difference with reference to the My colleagues and I are tired of seeing the not used. That is the kind of progress message that we are sending to the same flawed free trade model, time and time we are wanting to achieve, and I thank Arab world and to peace across this again. It is time for a new direction in free Mr. PASCRELL’s help in achieving that. globe. It sends a huge message, and I trade agreements. Mr. Speaker, I yield 3 minutes to the will support this free trade agreement. We need free trade agreements that are gentleman from New York (Mr. Mr. SHAW. Mr. Speaker, I yield 5 modeled around human beings and not MEEKS). minutes to a distinguished member of around big business interests. Because Mr. MEEKS of New York. I thank the the Ways and Means Committee, the human beings are the ones who drive our gentleman for yielding. gentleman from Wisconsin (Mr. RYAN). economy, they are the ones who will build our Mr. Speaker, initially it was not my I would like to, before I yield the partnership with other nations. intent to come discuss this bill on the floor to him, point out that my friend We need free trade agreements that enforce floor, but last night we were into a se- from Maryland brought up the United the principle of workers rights and the right of rious debate, a serious debate about Arab Emirates debacle that he and I all workers to organize freely. Instead of just Israel and its right to defend itself, and both opposed very much. We don’t have paying lip service to the problem as this we talked about Hezbollah and Hamas a free trade agreement with the United agreement does. and how they were not for peace and Arab Emirates, so a free trade agree- We need free trade agreements that respect how they were for destruction. ment in no way facilitated that action. our sovereignty and our right to have full con- I at that time took the floor, because I now yield to the gentleman from trol over our critical security infrastructure. In- I agreed with that significance of Israel Wisconsin. stead this agreement takes us back to the defending itself, and here, on the very Mr. RYAN of Wisconsin. I appreciate problem we had with the Dubai Ports deal and next day, as I was listening to the de- the gentleman for yielding. that is simply unacceptable. bate, we have a country that has come Mr. Speaker, what this is about is We need free trade agreements that respect a mighty long way in a short period of finding peace and security in the world. environmental concerns, the rights of women time. We have a country that says they The future of peace and security in the and the rights of minorities. . . . I could go on want peace, and they have exhibited world largely rests upon the future of longer, but I think you get my point. the fact that they want to live in peace and security in the Middle East. My colleagues and I would be standing here peace. They have been a strong ally to The question is what we are as Ameri- championing this agreement if it met the us. I have a letter from AIPAC indi- cans going to do to help Middle Eastern standards it should, but sadly it does not. cating that they don’t have any objec- countries, moderate Middle Eastern It is time that we have real free trade agree- tion to this. countries, be more open, be more fair, ments; it is time that we stand up for the work- What kind of message are we sending be more free, be more democratic, be ers here in America and workers throughout to one of the most important areas, more peaceful. This agreement does the world. I implore you to stand up for them and volatile areas, in this world? Here that. today! we have an Arab country, a moderate Now, for one reason or another, Mem- Mr. MORAN of Virginia. Mr. Speak- Arab country, a country, as we say of- bers here, I believe, have decided to op- er, in response to my good friend from tentimes, we are not against them, we pose this agreement and then look for New Jersey, and also in response to my are not against people who happen to reasons to justify that opposition. good friend from Michigan (Mr. LEVIN), be Muslim, et cetera, but they are They have raised two big red herrings, who asks about, and makes accusations doing everything we have asked of labor and ports. We asked the Congres- with regard to, the situation in Oman, them. sional Research Service to look at this I should remind them that there were The Sultan came in with a decree be- port issue, to look at this red herring 33 strikes in 2004, more than 6,000 work- cause he wanted to make sure we had a issue.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5518 CONGRESSIONAL RECORD — HOUSE July 20, 2006 I want to read from the nonpartisan b 1315 But beyond that, regardless of one’s Congressional Research Service that That was the Bahrain standard. With personal feelings, regardless of how one did two studies this month on this Oman, no, they did not promise to im- views the way these bills have come to issue. Upon close inspection of the lan- plement legislation. They promised to the floor from that committee, one has guage in this agreement, it appears implement law by a date certain this to determine for one’s self what is in that this claim is misleading because it year. the best interests of the United States appears that Omani companies are al- So we have increased labor stand- of America. ready presently able to perform these ards. We have put into place core ILO I have determined because history, if port services. Phrased another way, the standards. We are rising the tide, but history teaches anything, it teaches United States has reserved the right to what it all gets down to is this. one that engagement is better than maintain our existing legal restrictions Because of this agreement, the nonengagement, and economic partners with respect to those aspects of mari- Omanis are raising labor standards for eventually become political and mili- time transportation in which we al- their workers. Because of this agree- tary partners. ready have limitations, as well as ment, Omanis are making their coun- So the geopolitical aspects of these adopt new measures in these categories try more free and more transparent for trade agreements, while they are not that may be more restrictive. their people. Because of this agree- that big in scheme of things with re- In some ways, it imposes new opposi- ment, we are saying thank you to an spect to trade itself, are very huge, and tion and new restrictions that don’t ally. Let us continue to move toward some of these other speakers have al- currently exist with respect to man- peace and prosperity. luded to that, in terms of our role in agement of ports. Why do I care so much about this? the world and fostering all the things In conclusion, report number two: Because I do not want my kids to face and values we hold dear. while it is theoretically possible for the war on terror that we are facing I cannot see how turning down this Oman to bring a legal challenge to the right now. And how do we do that? We agreement today on the floor is going actions of the United States before a do that by making sure that these to further our ability to influence third-party tribunal, the United States countries, from which many terrorists things for the better in Oman or, for would appear to be on solid legal come, have opportunities for their that matter, in that part of the world grounds for asserting not only that the young people. or, for that matter, in our own coun- I do not want a young person, the panel does not have the legal authority try. next generation, growing up in tyran- to determine the validity of such a And so for those reasons, even though nical dictatorships susceptible to the matter, but also that the inconsistent I have made my feelings known about whims of al Qaeda, appealing to the the way some of these are handled pro- measure is permitted and justifiable, madrassas. I want young people in given the broad self-judging language cedurally, I am going to support this these countries growing up, reaching agreement today. I think it is in the of the national security exemption. their dreams, reaching their potential, This means we decide unilaterally, best interest of this country to do so, having freedom, having the ability to for a whole host of reasons, many of we decide if any of these transactions determine where they want to go with are not in our national security inter- which you will hear. their lives, being creative, being able I unfortunately talk so slow I do not est, it doesn’t happen. There is nothing to channel their energy in a positive the WTO can do about that. have time to go through all of the rea- direction so our children do not have to sons why I think that it is better on Now, what about labor? This is an- face this war or on terror. balance than it is worse on balance, other agreement that we have had, the We must pass this trade agreement and why; therefore, as one weighs what labor standard invoked. This is the because it is vital to our national secu- one should do for one’s country in this strongest labor agreement of any trade rity interests. regard, one has to make the decision agreement we have brought to the floor Mr. CARDIN. Mr. Speaker, I yield yes or no. I have made that decision, in this Congress and in previous Con- myself 30 seconds just to point out to and I intend to support it, and I would gresses. my friend that under this agreement, urge other Members to take a look at we now give third-party tribunals the Now, in an effort to be bipartisan, in it. opportunity to second-guess us on na- an effort to work with the other side of Mr. MORAN of Virginia. Mr. Speak- tional security, and that was not there the aisle, we have had an exchange of er, may I inquire how much time is left before this agreement. I offered an letters and agreements between the on each side? amendment to eliminate that. It Omanis, Democrats and our govern- The SPEAKER pro tempore. The gen- ment USTR. should have been made in order. Then regards labor standards in Bah- tleman from Virginia (Mr. MORAN) has In November 2005, the ranking mem- 1 rain, they had on the ground operating 2 ⁄2 minutes remaining. The gentleman ber of the Ways and Means Committee from Maryland (Mr. CARDIN) has 36 asked Oman to clarify six areas of law ILO standards. We do not have that in Oman. minutes remaining. The gentleman and asked for nine concessions in labor from Florida (Mr. SHAW) has 21 min- law. In January, Oman responded in de- Mr. Speaker, I am pleased to yield 3 minutes to my good friend from Ten- utes remaining. tail to all of those concerns. In Feb- Mr. MORAN of Virginia. Mr. Speak- ruary 2006, the Democrats forwarded nessee (Mr. TANNER), a senior member of the Ways and Means Committee, one er, under those circumstances, I re- another set of demands and questions, of our real leaders on trade issues. serve the balance of my time. raising new issues. In March, in re- Mr. TANNER. Mr. Speaker, I thank Mr. SHAW. Mr. Speaker, I yield 2 sponse to those concerns, Oman made Mr. CARDIN and I appreciate this time. minutes to the gentleman from Ari- eight commitments to the United I wanted to come and speak on this zona (Mr. KOLBE). States and agreed to enact all of these because I voted against this agreement (Mr. KOLBE asked and was given per- reforms. on the Ways and Means Committee mission to revise and extend his re- It goes on and on: new demands being when it was reported out a couple, 3 marks.) requested, new demands being met, to weeks ago. I did so out of sheer frustra- Mr. KOLBE. Mr. Speaker, I thank the the point where the Omanis have, by tion and exasperation with the lack of gentleman for yielding the time, and I decree, already implemented many of democratic process in the committee am pleased today to rise in strong sup- these higher labor standards. Any of as it relates to these agreements. port of this agreement, the Oman Free those that they didn’t already decree Those of us who philosophically want Trade Agreement. just a couple of weeks ago, they have to support agreement, engagement, With the Doha Round of multilateral promised to put them into law by Octo- with the rest of the world have had a talks teetering on the brink of col- ber 30. very, very difficult time in the com- lapse, we need more than ever to pur- What did we do with Bahrain? With mittee. And to call the committee, the sue a bilateral trade agenda that Bahrain they promised to introduce way it has been run recently in some of makes some real gains for American legislation to raise their labor stand- these, the democratic process is really workers and American consumers who, ards. an abomination of that word. after all, are one and the same. That is

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5519 precisely what the Oman Free Trade Today, we have a trade regime which what is in our security, but having said Agreement does. has led to the largest trade deficits this that, I reserve the balance of my time. The Oman FTA is quite simply a win- country has ever experienced. The lat- Mr. SHAW. Mr. Speaker, I yield my- win. In 2005, trade between the United est report is that the trade deficit for self such time as I may consume. States and Oman exceeded $1 billion. the month of May was almost $64 bil- Very briefly in reply to the last The U.S. exported $594 million in goods lion. We purchased $64 billion more in speaker, the facts contradict the infor- alone to Oman last year. While some goods than we were able to sell to oth- mation that was put out here on the will stand here today, beat their ers around the world. floor regarding the deficit. breasts and claim that we are going to We are on pace this year to have a The United States’ exports to Jordan lose jobs with this trade agreement, trade deficit that is larger than $800 are up 90 percent since the free trade nothing could be further from the billion. We have never faced that be- agreement; up 92 percent to Chile since truth. fore, but we continue to put forward 2003; up 25 percent to Singapore since I ask Members to think back to eco- trade agreements like these that leave 2003; up 11 percent to Australia since nomics 101. Exporting goods creates us naked to competition that is neither 2004; up 71⁄2 percent to Morocco. Under jobs here at home, and importing goods free nor fair. NAFTA, our exports have increased at will create jobs. Consumer and indus- Today, Mr. Speaker, you find that for 133 percent. That just does not make trial goods will be 100 percent duty free every six ships that China sends laden sense. on day one of the trade agreement’s with goods from China into this coun- Mr. Speaker, I reserve the balance of entry into force. There will be signifi- try, only one of those six ships returns my time. cant gains in the agriculture and serv- to China with American goods in it for Mr. CARDIN. Mr. Speaker, I am ice sectors. These are the kinds of tan- Chinese purchase. And we continue to pleased to yield 31⁄2 minutes to the gen- gible changes we want and we need to bring forward trade deals like these tleman from Texas (Mr. DOGGETT), a bring home to our constituents. that say simply this when it comes to member of the Ways and Means Com- Liberalization of trade in services is protecting the rights of workers, mittee who has been articulate and a sometimes overlooked, but it is abso- whether in this country or in the coun- leader on fair trade and international lutely essential to keeping our econ- try that we are reaching an agreement rights. omy competitive. The services sector with: Enforce your own laws. And even Mr. DOGGETT. Mr. Speaker, I would represents 75 percent of our country’s though we know in most cases many of like to begin by responding to Mr. economic output and it is 80 percent of the countries, including Oman, do not SHAW’s comments. None of the modest our workforce. U.S. firms have a strong have laws that protect their workers, steps he cited respond to the fact that advantage in the services sector, and it which means that our workers will suf- we have an $800 billion trade deficit becomes even stronger as we add each fer as well, we continue to move for- and an Administration with a trade country like Oman to an FTA. ward with these agreements. policy that will do nothing but make it But the economic gains are relatively Yet, if you are not convinced that worse. small compared to the impact that a these trade agreements and the regime This agreement with a small but trade agreement with Oman will have itself now that we use is broken, look strategically important country like in keeping Americans safe. The bipar- at the provision that was included in Oman ought to have been approved tisan 9/11 Commission recommended a the agreement that allows a company today unanimously, and it could have comprehensive strategy to defeat ter- that has substantial business in Oman been. But there is a very big problem, rorism, that includes economic poli- to operate our ports. We dealt with this and that problem is not in Oman on the cies, that encourages development, issue with the Dubai Ports World issue. other side of the world; it is on Penn- more open societies and opportunities We rejected that opportunity for a sylvania, 1600 Pennsylvania Avenue, to for people to improve the lives of their Dubai company to come in and run our be more precise. families. ports. Yet in this agreement we have The problem is that just as this Ad- As a result of this recommendation, something that would allow that to ministration has shown consistent dis- the administration authorized negotia- happen. dain for the rights and needs of work- tions with Oman as part of the plan to I know many of my friends on the ers in America, just as it has shown create a Middle East Free Trade Area Republican side say that will never consistent disdain for environmental by 2013. This is a step in that direction, happen, we have got the national secu- protection—ready to manipulate and I urge my colleagues to vote in rity, essential security interests pro- science whenever it needs to for polit- favor of this free trade agreement. tection exemption. Then why is it in ical purposes to justify degradation of Oman leads the Persian Gulf in establishing the agreement in the first place? What our air, our water, and our other envi- trade and other ties with Israel. It has elimi- you do is you set us up to go before a ronmental resources—today it shows nated all aspects of its boycott with Israel and trade dispute resolution panel that is continued disdain for the environment when Oman acceded to the WTO in 2000, it not ours. It is not our courts that will and for workers in our international did not request an exemption for Israel that decide. It will be some other body. trade agreements. would allow it to maintain a boycott. This is a We have now today a system that has What we need is a modern, bipartisan rare exception in a tough neighborhood. I ask led to these large trade deficits, and trade policy that recognizes that you my colleagues today to join me in showing our they continue to come forward. It is cannot measure how good your trade commitment to Oman, is a steadfast ally in a time for a change. We need a new direc- policy is based solely on how many dol- region of the world where we need all the tion when it comes to our trade policy. lars in goods transverse international friends we can get. It is broken in this Congress the way borders. You have to consider the im- Vote for the Oman Free Trade Pact. we deal with our trade. Not only for pact of that trade on the workers that Mr. CARDIN. Mr. Speaker, I am our workers, but also for the health of produce the goods and on the environ- pleased to yield 3 minutes to the gen- our American companies that have to ment that surrounds them. tleman from California (Mr. BECERRA), compete in this world, where artifi- a member of the Ways and Means Com- cially other companies in other coun- b 1330 mittee, who has been extremely active tries are gaining advantage over us be- During the consideration of this bill on fair trade and international issues. cause they are not following the rules. in the Ways and Means Committee, we Mr. BECERRA. Mr. Speaker, I thank This is another example of why we offered very modest amendments to try the gentleman for yielding. should reject trade agreements that do to address these concerns. On uphold- Mr. Speaker, I hate to say it but I not protect America’s interests, wheth- ing international labor standards and think it has become very obvious that er security-wise or otherwise. Vote on an amendment that I offered to pre- our system for devising trade agree- against this trade deal. vent trade in endangered species, the ments, so very important to this coun- Mr. MORAN of Virginia. Mr. Chair- Committee and the Administration try’s functioning around the world, has man, in the first place it is not some would have none of it because if they not only broken, but it has broken other panel. It is the U.S. and Oman, showed basic dignity and respect for completely. and we have the right to determine workers and the environment with

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5520 CONGRESSIONAL RECORD — HOUSE July 20, 2006 Oman, a small country, they might stability can’t be achieved by trade them safer while they are away from have to do it everywhere, maybe even agreements such as this which ignore their families trying to defend our free- here in America. You can tell the level the rights and freedoms that are inher- dom, I think we ought to reward these of the Administration commitment by ent in the fabric of a free society. countries. the level of enforcement remedies that I urge a strong ‘‘no’’ vote on the To me on national security when I they provide for the environment and Oman Free Trade Agreement, and let’s see this intellectually dishonest argu- for workers. Then enforcement mecha- make a priority to help our economy ment about our port security, what I nism in this agreement amounts to less and our workers here before we start am afraid of is we have people who than giving only a traffic ticket to the selling short our jobs and many of our want to punish the countries that are repeat offender of the most egregious manufacturing corporations to foreign helping our soldiers, punishing coun- abuse. You pay a fine to yourself—that countries. tries who are coming to help our men is the great remedy that they offer. Mr. SHAW. Mr. Speaker, I yield 3 and women who are trying to fight for So today they must, as has been done minutes to the gentleman from Texas our freedom. We ought to be rewarding so often on so many issues, raise the (Mr. BRADY), a member of the Ways and thanking those countries. I sup- specter of 9/11 and the war on ter- and Means Committee. port this agreement. rorism. How many times has that Mr. BRADY of Texas. Mr. Speaker, I Mr. CARDIN. Mr. Speaker, I am threat been misused in this building appreciate the leadership of Chairman pleased to yield 1 minute to the gentle- and down the street on Pennsylvania SHAW as we try to open new markets woman from California (Ms. LINDA T. Avenue to debase the most basic and around the world for American prod- SA´ NCHEZ) who has been one of our lead- fundamental values that make this a ucts and services. ers on fair trade. unique country? I strongly support this agreement Ms. LINDA T. SA´ NCHEZ of Cali- It is pulled out again today. It is an with Oman. As you know, America is fornia. Mr. Speaker, as a cochair of the issue here, as the Gentleman from so open to other countries selling their Congressional Labor and Working Maryland has indicated, because they products and goods into America, but Families Caucus, I rise today in strong plan to transfer the issue of port secu- oftentimes when we go around the opposition to the Oman Free Trade rity from this body to an unaccount- world, we find that their markets are Agreement. able, international tribunal that will not so open. And so we try to open The Oman FTA contains no effective be empowered to decide whether or not those markets through trade agree- mechanisms to enforce labor or human we can restrict foreign acquisition of ments to allow our farmers, our small rights laws. Instead, this agreement re- American ports. businesses, our manufacturers, our lies on the empty promises that Oman This Administration stood by and en- banks, everyone, to sell our products will enforce its own labor laws. couraged a sellout of our port security around the world, and these trade If we accept this deal, we are saying once before, and under this agreement agreements are succeeding in doing to foreign countries: It is okay to force they can transfer all responsibility to that. labor among three-fourths of your an unaccountable international tri- In each one that we have had, our workers. bunal. sales in those countries have nearly We are telling them it is okay to Because this agreement fails to ade- doubled. So we are creating jobs here deny workers the right to organize for quately respect the needs of American at home selling more products. This safer working conditions and better workers and the needs of the environ- free trade agreement does the same wages. ment around the world, it ought to be thing. It is not huge, but for those who If we accept this deal, we turn a blind rejected. are selling to them, it is very impor- eye to poor working conditions and or- Mr. SHAW. Mr. Speaker, I reserve tant. ganized human trafficking to fill sweat the balance of my time. Not only does this help America, but shops. Mr. CARDIN. Mr. Speaker, I yield 11⁄2 this is an important cog in our Middle I would remind my colleagues that minutes to the gentlewoman from Cali- East free trade agreement, which is the terms and conditions of trade fornia, a strong advocate of fair trade, key, because I think that a lot of un- agreements determine what is and is Representative SOLIS. rest is caused when people don’t have not acceptable. Ms. SOLIS. Mr. Speaker, I thank the hope, when they don’t have a chance to Let me be clear. If we agree to a deal gentleman. I also want to register my better themselves, when they don’t that does not live up to basic labor and strong opposition to the Oman Free have a high standard of living. The human rights standards, then we are Trade Agreement. more we are able to create job opportu- deliberately establishing a lower stand- As I see it, it is a flawed trade policy, nities and hope in the Middle East, I ard for worker rights in this country largely to blame for the loss of so think the sooner we do that the safer and around the world. We should be many jobs because of the various trade we will have that region. This won’t do setting a fair trade standard that al- deals we have had. Three million man- it by itself, but everything helps move lows the benefits of commerce to raise ufacturing jobs have been lost over the that peace process along. and not lower standards for everyone. last few years. In the last 4 years, our And I support it because Oman, while Vote ‘‘no’’ on Oman FTA. deficit has increased by $725 billion. it may not be where we want it to be Mr. CARDIN. Mr. Speaker, I am Trade deficit, $725 billion. on labor yet, they have made tremen- pleased to yield 2 minutes to the gen- Not only does this particular trade dous progress in labor issues and in the tleman from Massachusetts (Mr. MAR- agreement turn its back on American rule of law and in a number of areas KEY) who has been one of the leading workers, but it endorses the race to the that we ought to be supporting as a spokespersons about international bottom by allowing Oman to continue country. human rights and worker rights. to ignore labor unions, discrimination Let me conclude with this. This Mr. MARKEY. Mr. Speaker, I thank against women in the workplace, and agreement stands on itself, but there is the gentleman very much and for all of excludes guest workers from even more than that. I have a soft spot for his work on these issues. minimal worker protections. countries that have come to the aid of Make no mistake about it, this vote If shipping jobs overseas and encour- our American soldiers. My baby broth- is not just a vote as to whether or not aging discrimination isn’t bad enough, er has served in Iraq as an Army medic you support free trade. This is also an this agreement would also allow for- and is now a sergeant major and has up-or-down vote on whether or not you eign firms to acquire and operate im- just returned from his tour in Iraq. Re- support our national security and our portant national security assets in the cently I just attended two funerals of homeland security. U.S. Our only recourse would be at an local soldiers who died defending us. Just 5 months ago, the Bush adminis- international court. When we have countries like Oman who tration tried to ram through an ap- Mr. Speaker, supporters of this allow our personnel to stop there, our proval of the sale of U.S. port oper- agreement argue that they are trying aircraft to fly there and land there, ations to Dubai Ports World, a com- to spread democracy and stability when we have a country like this that pany owned and operated by the Gov- around the world. But democracy and houses our personnel, basically makes ernment of the United Arab Emirates.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5521 The President said he would veto any UAE was a key transfer point for illegal ship- many respects, as I understand it, attempt to strike down the deal. But in ments of nuclear components to Iran, North those trading partners with whom we the face of tremendous opposition on Korea and Libya. The UAE was one of only might enter into agreements are not in the grounds of homeland security by three nations to recognize the legitimacy of opposition to that which we are seek- the Democrats and even some Repub- the Taliban government and still does not rec- ing. In fact, it is my understanding licans, the deal was scuttled. ognize the State of Israel. that there are Members of this Con- The whole episode shined a bright We know that our seaports, airports, and gress and members of the administra- light on the little-known committee at other critical infrastructure are at the very top tion far more opposed to the issues the Treasury Department and the se- of Al Qaeda’s terrorist target list. Let’s not give that I will discuss than are the part- cretiveness of a process it uses to make them a hand in penetrating the operations of ners who enter into agreements with decisions that can have important con- those critical targets by fast-tracking business us. sequences for the security of our Na- deals in the name of a free trade deal that has Oman today does not meet the five tion, the Committee on Foreign Invest- no protections for our national and homeland basic International Labor Organization ment in the United States. It is called security. Commerce must not be permitted to standards, including the rights of asso- CFIUS. trump common-sense. ciation and collective bargaining, bans In this post 9/11 world, we simply Mr. CARDIN. Mr. Speaker, can I in- on child labor, slave labor, and dis- cannot trust, as this free trade agree- quire of my friend from Florida, his crimination in employment. They say ment requires us to do, that the busi- continuing to reserve, does that mean they are going to meet those, but they nesses and Government of Oman are he has one speaker remaining? have not yet met them. pure and will not sabotage, abuse, or Mr. SHAW. Unless someone else Americans, I believe, feel very misuse critical infrastructure they de- comes to the floor, I will be the final strongly about all of those provisions cide to buy in a business deal fast- speaker and close. in our own domestic law and in inter- tracked by this agreement. We must Mr. MORAN of Virginia. And I am re- national law. trust, but verify, when it comes to any serving because I have so little time b 1345 foreign government-owned entity buy- left, as the gentleman knows, so I am ing critical infrastructure in the trying to be strategic with my time. And it seems to me appropriate that United States. Mr. CARDIN. Mr. Speaker, I am we pursue agreements in that context. Now the President and his adminis- pleased to yield 6 minutes to our dis- There are no labor unions in Oman tration did not give the Dubai Ports tinguished whip, my colleague from today. The only labor organizations deal the scrutiny it deserved, even Maryland (Mr. HOYER), who has been a are, essentially, management labor though the 9/11 Commission identified spokesperson not only on trade but on committees. And while 70 percent of the Government of the UAE as a ‘‘per- security internationally. workers in Oman are expatriates, there sistent counterterrorism problem.’’ Mr. HOYER. Mr. Speaker, I thank is little, if any, participation by for- And so that should shine a light on this the gentleman for yielding, and I thank eign workers in administering such deal as well. Mr. SHAW and Mr. CARDIN for pro- committees. In other words, most of We know our seaports, airports and ceeding on this debate, as well as Mr. the workers are from outside of Oman. other critical infrastructure are at the MORAN. I think I have voted with all But almost all of those who participate very top of the al Qaeda terrorist tar- three of them on various different oc- in any kind of discussions with ref- get list. Let us not give them this addi- casions. erence to labor issues are within Oman, tional hand that the treaty will require Mr. Speaker, I have been a strong ad- Omani citizens. in penetrating the operations of those vocate for free trade and open markets. For 8 months Oman has failed to critical targets as fast-tracking busi- I believe strongly that American busi- take a number of steps to ensure that ness deals in the name of free trade nesses and workers can compete and its practices immediately comply with will have on the security of our coun- win in the global economy. ILO standards and to bind those com- try. Let us not let commerce trump Increasing global interdependence is mitments under the agreement, as was common sense. a reality in the 21st century, and it done by Bahrain last year. Mr. Speaker, I rise in strong opposition to presents our Nation with an oppor- Furthermore, Mr. Speaker, the Con- the Oman Free Trade Agreement. tunity to promote democratic reform, gressional Research Service confirmed Make no mistake, this vote is not a vote on the rule of law, and respect for basic just yesterday that the trade agree- whether or not you support free trade. This is human rights. ment would make it more difficult to an up and down vote on whether or not you It is incumbent, however, upon us to protect U.S. ports and block a takeover support our national and homeland security. foster global trade, to engage our part- by foreign government-owned compa- Just 5 short months ago, the Bush Adminis- ners in a system based on rules and nies such as Dubai Ports World. That tration tried to ram through an approval of the law, and to work to raise the living raised a tremendous amount of concern sale of U.S. port operations to Dubai Ports standards of working men and women; just recently when the CFIUS process World, a company owned and operated by the and not to recoil from the rest of the did not work as we thought it ought to. government of the United Arab Emirates, world. It is regrettable that Republicans on UAE. Philosophically, I count myself a pro- the Rules Committee rejected amend- The whole episode shined a bright light on ponent, a strong proponent of free ments offered by my good friend, Con- a little-known committee at the Treasury De- trade, and have voted for many of the gressman CARDIN, that would have partment and the secretive process it uses to trade agreements that have come be- closed this loophole, and it would have make decisions that can have important con- fore this House. at least subjected it to full and fair de- sequences for the security of our Nation. This agreement, I think, is relatively bate. These are serious issues, and they But in this post 9–11 world, we cannot sim- insignificant as it relates to trade and should be debated fully and fairly. The ply trust, as this free trade agreement requires the volume of trade and the impact on Rules Committee, however, failed to us to do, that the businesses and government our domestic economy. It may have a give us that opportunity. It would of Oman are pure and will not sabatoge, much more substantial impact, obvi- have, indeed, insured compliance with abuse, or misuse critical infrastructure they ously, on the Oman economy. But in ILO standards as well before this agree- decide to buy in a business deal fast-tracked terms of our own economy, it will ment goes into effect. But that amend- by this agreement. We must trust, but verify, have, I think, relatively little impact. ment was not made in order. when it comes to ANY foreign government- However, the Oman Free Trade Mr. Speaker, in my opinion, there is owned entity buying critical infrastructure in Agreement I believe is flawed, and it no reason that we cannot negotiate the United States. undermines fundamental worker agreements that advance the cause of The President and his administration did not rights. Thus, I intend to oppose it. free trade, promote the rule of law, give the Dubai Ports deal the scrutiny it de- What this debate, from my perspec- generate economic development of served, even though the 9–11 Commission tive, is about is the criteria that we countries in great need, and extend to identified the government of the UAE as a will tell the world is necessary for us workers, farmers, and businesses the ‘‘persistent counterterrorism problem.’’ The to enter into agreements with them. In advantages of expanded trade to new

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5522 CONGRESSIONAL RECORD — HOUSE July 20, 2006 markets. None. This flawed agreement, U.S. In the recent 9/11 Commission, been referring to, these are panels of however, fails to accomplish those ob- they recommended that the U.S. pur- American and Omani negotiators, and jectives. sue policies to promote more open and if an American negotiator says, we For that reason, so that we can set a freer societies to defeat the root causes think this is a security interest, it is benchmark for future, much more con- of terrorism. That means trade. A free dead. The language that is in conten- sequential trade agreements for our trade agreement with Oman will do tion is reciprocal language we wanted country, I believe today the Congress just that, which is critical to our cur- because we have U.S. companies who of the United States ought to set that rent situation in the Middle East. would like possibly to buy port facili- benchmark and say to the administra- The nation of Oman has been a friend ties there. That was our doing. But it tion, say to the USTR, and say to those of the U.S. for over 170 years. They can be preempted by national security with whom we will negotiate in the fu- have been a valuable ally during the concerns. ture for trade agreements that this is Cold War, as well as aiding us in the So, on national security, the Con- the essential element of our agreement overthrow of Saddam Hussein’s regime gressional Research Service tells us because we believe, this country be- in Iraq. They continue to be an impor- that there is not a security threat. lieves that as we want to lift our own tant ally in the global war on terror, CFIUS will determine if foreign invest- workers, as we want to lift our own having taken a very strong stand ment in U.S. parts is a security threat trade viability, and as we want to lift against Islamic extremism that begets and can block the purchase if it comes the viability of trade of other coun- terrorism. to that. But there is not going to be tries, we also want to ensure that we Mr. Speaker, I urge adoption of the any international panel second-guess- lift workers in that process. agreement. ing this determination, let alone over- That is the right thing to do. It is the Mr. Speaker, for over 200 years America ruling it. best thing to do. It is the best policy has benefited from free trade and competition. Now, in terms of labor, we passed a thing to do, and therefore, I will oppose I urge my colleagues to once again reject raw Bahrain trade agreement a short while this agreement, but hope that as agree- protectionism and partisanship and instead ago, almost by voice vote. No discus- ments come before us in the future, stand for freedom and security and support sion. The labor guarantees in that that I will be able to support them in the U.S.-Oman Free Trade Agreement. agreement were not nearly as strong as the best interest of our country. Mr. MORAN of Virginia. Mr. Speak- the ones in this agreement. This is the Mr. SHAW. Mr. Speaker, we have an- er, I yield myself the balance of my strongest labor agreement we have other speaker who just came to the time. seen. floor, Mr. HENSARLING of Texas, to Mr. Speaker, I think it is important, Now, it may not be completely to my whom I yield 2 minutes. Following with what little time I have left, to re- liking, but, you know, every one of the that, I would yield to the minority so capitulate what has been said in this issues that the Ways and Means Demo- they can close, and then we will go to debate. In the first place, there is no crats raised have been addressed by the closing. dis agreement that Oman is located in Sultan of Oman, and not like Bahrain, Mr. CARDIN. If the gentleman would a highly strategic area, right at the where they said, well, we will put these just yield briefly. I would let Mr. Strait of Hormuz. More than 20 percent to Parliament for consideration and MORAN use up the remainder of his pass them. Oman accepted every one of of all the world’s oil supply goes time, and then we will use up the re- these recommendations, and you can through there. It is right across the mainder of our time, and then you will check again with the Omani Ambas- strait from Iran. Very critical position. close. It has also been completely agreed sador, who happens to be a woman, the The SPEAKER pro tempore. The gen- only female ambassador from an Arab that Oman has been a principal ally to tleman from Texas is recognized. country. And of course they were the the United States. Everything we have Mr. HENSARLING. Mr. Speaker, first Arab nation to send an ambas- asked them to do since 1833, 173 years, trade with Oman represents four one- sador to the United States, inciden- Oman has stood up there in a very dif- hundredths of 1 percent of our Nation’s tally. trade. Thus, we are clearly not debat- ficult part of the world and said to the But every Ways and Means Demo- ing the American economy today. In- world ‘‘We are America’s ally.’’ crat’s recommendation the Sultan put stead, we are debating whether or not When we asked Oman for a military in the decree. This is law now. They we are a Nation of trade or a Nation of agreement so we could stage troops and can continue to collective bargain. protectionism, and we are debating provide logistical support in the Per- They’re are going to protect workers’ whether or not we will support or repu- sian Gulf War, and now in the Iraq war, rights. There will be no repercussions. diate an ally in the war on terror. they said, ‘‘Yes, you can do that and we They are going to eliminate any forced Free trade delivers a greater choice will protect them.’’ And they have all labor, if you can find it. And, in fact, of goods and services to American con- been protected. Our troops have never they have invited the International sumers at lower prices. That means had a problem in using Oman. Oman Labor Organization personnel, ILO pro- families can buy more using less of has come under pressure, but they have fessionals to Oman, and they are work- their paychecks. More trade means protected American troops in every ing with them on the ground as we more competition, and competition has possible way. No disagreement. speak. And by October 31, they are always helped the consumer. We all agree that almost two-thirds going to put all these protections into Mr. Speaker, we have 230 years of ex- of Oman’s population is under the age law, anything that hasn’t been fully perience now to show it. But beyond all of 18, so we know that Oman is enter- implemented by the decree by the Sul- the obvious economic benefits of free ing a period of unstability unless there tan. trade, we must recognize that trade is is economic opportunity. I don’t know what more they can do. fundamentally an issue of personal We also know that while there isn’t a They have done everything we have freedom. Nations do not trade with na- whole lot of trade, what Oman is buy- asked. tions. People trade with people. And ing from us generates jobs in the This is a good trade agreement and, with the exception of national security United States. We get oil from Oman in it is in the interest of the United considerations, every American citizen return. States to pass it. I hope this body will. should have the right to determine the So what is at dispute is whether this Mr. CARDIN. Mr. Speaker, before I origin of the goods and services they is a national security threat and yield the balance of our time to our want to purchase. whether this is an issue with regard to distinguished leader, let me just make Now, maybe we, in Congress, have labor rights. Well, in the first place, it clear that the Sultan has not, by de- the power, but do we have the right to with regard to national security, there cree, answered the issues that were tell Americans they cannot buy less ex- is no question, according to the Con- raised in letters that were sent by our pensive goods for their families from gressional Research Service, that if staff. In fact, they dealt with primarily other nations? The answer should be a there is a national security issue that one issue, and six or seven are yet to be resounding no. the United States raises, that that dealt with; and that is why they are Mr. Speaker, this agreement will also trumps everything else. And these pan- setting an October date for changing improve the national security of the els that my friends and colleagues have their law.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5523 And let me also make it clear that italize upon the innovative spirit that going out. I do not know what is free unlike Bahrain, the Omanis have not, has long distinguished America. New and fair about that. I do know Amer- on the ground, changed their labor markets translate into new, high-pay- ica’s middle class is paying the price. practices to meet ILO standards. So ing jobs and opportunities for Amer- The Republican trade agenda has they fall far short of Bahrain. ican workers, businesses, and farmers. failed to break new ground by opening And lastly, on the security issue, I In the past, trade policy has been a large markets for U.S. goods. Instead, have heard our colleagues put a lot of bipartisan endeavor, a common effort they have these little tiny agreements confidence in our ability to unilater- to expand opportunity for America’s that establish a precedent and erode ally use the essential security provi- businesses, again workers and farmers. core labor principles, and they have sion to prevent action on our ports. Unfortunately, the Bush administra- not opened the large markets that are And I just wonder what attitude we tion has veered in the opposite direc- crucial to creating new jobs for Amer- would have if one of our insurance tion, and so has the Republican leader- ican workers. companies, for example, wanted to do ship in this Congress, and a bipartisan Despite a record trade deficit, the business in Oman, and Oman said, oh, agenda has now become a lofty goal Bush administration has focused on ne- no, not because of essential security we rather than an indisputable reality, gotiating trade agreements with coun- will let you in our country. And then which it should be. The Bush adminis- tries where the opportunities for U.S. we say we don’t have the right to chal- tration has failed to enforce funda- companies are limited. lenge that? We clearly have the right mental worker rights and failed to The Oman Free Trade Agreement will have negligible impact on our bal- to challenge that, as Oman would have open large markets for U.S. goods. ance of trade, and that is why it can the right to challenge our decision to Once again America’s middle class is wait. It is just not a big deal. It can invoke this exception if a company paying the price for misplaced Repub- wait until these core principles are in wanted to take over a port operation in lican priorities. the treaty and not just by decree, the United States. In addition to that failure, in terms which they are not, but if they were, And we are going to be subject to the of the global economy, this administra- could be changed tomorrow. This year second-guessing of independent tribu- tion and the Republicans in Congress U.S. trade with Oman will be about $1 nals. And our record has been terrible support incentives to businesses to billion, just .04 percent of the total in the decisions of the tribunal as to take jobs offshore. How is that a good idea for America’s workers? We are U.S. trade. how many we have lost against state- Democrats recognize the importance going to engage in these trade agree- ments made in this body that said that of engaging Oman, but we must do ments that do not have core labor prin- what we would do would stand inter- much more in terms of fairness. Demo- ciples in them that lift the standards of national muster, and it did not. crats are committed to addressing the the workers in the country; for exam- So why are we putting this threat challenges of increasingly competitive ple, Oman; or, of course, lift the living out there? Why are we making our- global markets. Our success depends on selves vulnerable? Why didn’t we take standard of American workers here, our ability to innovate new products it out of the agreement? Why do we which is our primary responsibility. and to create new markets, new mar- And at the same time, these same want to subject America to that risk? kets, overseas for those goods and serv- people who brought you these free Mr. Speaker, I am proud to yield the ices. That is why Democrats have put trade agreements which do not enforce balance of our time to our distin- forth our innovation agenda, our com- core labor principles and are unfair to guished leader who has put forward an mitment to competitiveness to keep American workers, these same people agenda for America that truly will America number one. We will secure make this Nation a safer Nation, Ms. advocate incentives for companies to America’s continued leadership and in- PELOSI. take jobs offshore. That is why on the novation and unleash the next genera- Ms. PELOSI. Mr. Speaker, I thank first day of Congress, Mr. RANGEL will tion of discovery, invention, and the gentleman from Maryland for come to the floor, God willing, if the growth. And in that way, we will be yielding and for his just relentless Democrats take power, he will come to preeminent in the world’s markets; but championing of the rights of American the floor on the first day and repeal not, but not, if our hands are tied by workers. Who are we here for, after all? those incentives to companies to take the precedent established by these lit- Mr. CARDIN has been a supporter of jobs offshore. One small step for Amer- tle agreements. free trade agreements for a long time, ican workers. Again, in addition to our innovation and that doesn’t mean that you can’t Democrats have a long history of agenda and fairness to American work- do that and also be here to be the voice supporting free and fair trade. Enforce- ers, businesses and farmers, on that of American workers. If any of them able labor rights that follow basic core very first day, in addition to raising tune in and listen to this debate on the principles are a crucial part of ensuring the minimum wage, Mr. RANGEL will floor, they know clearly who speaks for that American companies and workers call for the repeal of incentives of jobs them. Thank you, Mr. CARDIN, for will not be disadvantaged by unfair to go overseas. championing this issue. competition from countries that do not Just think of it. If you are a middle- Thank you, Mr. RANGEL, for your in- adhere to the core standards. income person in middle America, our credible leadership, time and time Core ILO, International Labor Orga- technological base, our manufacturing again to say, yes, we are open, we un- nization, standards ensure that our base, our industrial base in those parts derstand the benefits of free and fair trading partners abide by the most fun- of the country are eroding. Jobs and trade. We want them, though, to em- damental standards of common de- services are going overseas with the phasize the fairness of it to American cency and fairness. Not only are core help of tax incentives of this Repub- workers. labor rights a matter of decency and lican administration and this Repub- fairness, but they are also in our na- lican Congress, and then we engage in b 1400 tional economic interest. Basic en- free trade agreements that do not even Mr. Speaker, I rise in opposition to forceable, with the emphasis on en- pay the respect due to American work- the Oman Free Trade Agreement, and forceable, labor protections are critical ers to have core labor principles, a it is with the greatest respect for the to building a strong middle class in minimal standard, the ILO standard. A gentleman from Virginia that I re- Oman, raising the disposable incomes minimal standard. This is not anything spectfully disagree with his comments. so that they can buy American prod- big. And as Mr. CARDIN has said, the Sul- ucts. And by the way, we are not asking tan, with all due respect to the Sultan, Our trade deficit is likely to exceed for anything different for labor, for his decree has not done what we need last year’s recordbreaking deficit of America’s workers. This is not special to have done in this trade agreement. $717 billion. Every day we have $2 bil- treatment. What Democrats are asking Democrats realize that our economic lion more in goods coming into the for is the same thing that the Bush ad- future rests upon our ability to open country than going out. This is unbe- ministration is giving to other indus- new markets for U.S. goods and serv- lievable. Over $2 billion more a day in tries: the right to enforce the provi- ices so that we can continue to cap- goods and services coming in than sions. Businesses have that right in the

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5524 CONGRESSIONAL RECORD — HOUSE July 20, 2006 deal, but workers do not. It is just not Committee, known as AIPAC to the today. We have talked about American fair. It is just not fair. Members of Congress, wrote to me in workers. So we want to take our country in a support of the language, and I am b 1415 new direction, passing free trade agree- pleased with its inclusion and Oman’s ments that do expand our markets, position on the boycott. The United States International spur economic growth, raise the living After these repeated assurances and Trade Commission estimates that the standard of the United States and Oman’s longstanding record, Member U.S.-Oman Free Trade Agreement abroad, and have enforceable provi- representations that Oman is not fully would have almost no effect on U.S. sions that are fair to American work- committed on this issue ignore the imports from Oman, while resulting in ers. facts and are fundamentally disrespect- a 5 to 14 percent increase in U.S. ex- Unfortunately, this trade agreement ful of one of the greatest allies for ports to Oman. Are you for the Amer- fails on all of these counts, and that is peace and against terror in the world. ican worker? Then you are for in- why I ask my colleagues to vote ‘‘no.’’ That some Members have maintained creased American exports. Mr. SHAW. Mr. Speaker, I yield my- these claims and even sent Dear Col- We have heard people trashing the self the balance of my time. league letters on this issue, after re- labor standards. I heard one of the I cannot stress enough the impor- ceiving the letter from AIPAC, receiv- speakers complain that the manage- tance of the legislation that is now be- ing direct assurances from Oman offi- ment was one of the union representa- fore this body. Yes, this agreement is a cials, and seeing the text of the official tives. Well, we keep talking about good economic agreement for those Omani documents stopping any boy- labor relations in this body. One of doing business in Oman. In fact, it is cott, is disgraceful, and I believe that those provisions provides that manage- one of the best free trade agreements Oman deserves an apology. ment shall be part of the unions, and that this body has considered, granting While Oman’s action in this area the managers that were participating the United States some of its broadest alone sends a powerful message to this in those negotiations were elected by market access ever, and establishing a part of the world, Oman actually has a the workers. Are you as Members of strong standard as we push to open the history of going beyond, to actual en- Congress going to tell them they can’t large, emerging Middle East market gagement. After the signing of the have their own elected representatives? through a Middle East Free Trade Egyptian-Israeli peace treaty in 1979, I don’t think so. And whether it be Area. I am particularly pleased that Oman was one of the few Arab coun- management or the guy on the assem- my home State of Florida will receive tries that did not break off relations bly line, that is what they want and duty-free treatment on much of its cit- with Israel. It was also one of the first that is what they should have. rus products. countries in the region to host an We have also heard a lot about port However, while the economics of Israeli Prime Minister, when Prime security. The United Arab Emirates United States-Oman Free Trade Agree- Minister Rabin visited Oman in 1994. does not have a free trade agreement ment are compelling, I believe that In its letter to me and to the ranking with us, so the problems that we op- there are more important issues for the member of the Trade Subcommittee, posed with regard to that did not come Members to consider as they cast their AIPAC stated, ‘‘The breakdown of out of any particular agreement. As a votes today. Specifically, what that these kinds of economic barriers can, matter of fact, with Oman, as it is now, vote will tell the people of Oman and, hopefully, help lead to the development without a free trade agreement, it is perhaps most importantly, the people of important political relationships be- exactly the same as United Arab Emir- throughout the violent Middle East as tween Israel and the Arab world.’’ ates. I could not agree more. As we watch the conflict today threatens to spark a But let me read something from the hostilities in the Middle East and they new war. agreement. You don’t have to take my continue to worsen, it is through eco- Mr. MORAN spoke quite eloquently of word for it. This is what the agreement the dangerous neighborhood that Oman nomic relationships such as these that says. 21.2 says: ‘‘Nothing in this agree- we can have the best chance to win the is in, right across the straits from Iran. ment shall be construed to preclude a hearts and minds of the future leaders I was just handed a CNN report that party from applying measures that it in the Middle East. As young workers just came out within the last hour in considers necessary for the fulfillment in the region begin to see the benefits which Assistant Secretary of State of its obligations with respect to the of participating in the worldwide econ- Chris Hill said that the Iranians were maintenance or restoration of inter- omy, they are more likely to pick up believed to be present at North Korea’s national peace or security or the pro- tools to better their lives, rather than July 4 missile test. I wonder why. tection of its own essential security in- tools of destruction. As Chairman THOMAS indicated, Will passage of this agreement cause terests.’’ Oman has long been a strong ally of an immediate end to hostilities in The Congressional Research Service the United States. Yet beyond that, Israel, Lebanon, Gaza, Iraq, or Afghani- said: ‘‘Should the United States, Oman has also been a leader in its rela- stan? No. But none other than the 9/11 whether through CFIUS or congres- tionships with Israel. Oman has no law Commission has specifically high- sional action prevent Oman companies that establishes or enforces primary, lighted the importance of Middle East from establishing ‘landside aspects of secondary, or tertiary boycotts of free trade agreements in fighting ter- port activities,’ it would appear that Israel. In the context of congressional ror. The free trade agreement will con- such a measure could be justified pur- consideration of this free trade agree- tinue to undermine the arguments that suant to the essential security excep- ment, Oman has reiterated its commit- terrorists use in recruiting. With in- tion. While it is theoretically possible ment to not enforce any aspect of a creased economic opportunities will for Oman to bring a legal challenge to boycott on Israel in letters of Sep- come an increased incentive to remain the actions of the United States before tember 28, 2005 and June 15, 2006. Last a peaceful, active participant in soci- a third-party tribunal, the United month, Oman issued an official govern- ety. States would appear to be on solid ment document to its relevant agen- Oman has been a leader in this region legal grounds for asserting not only cies, again reiterating the policy and in its friendship with the United that the panel does not have the legal commitment. If any Member still has States, its friendship with Israel, its authority to determine the validity of any doubt, they should know that in commitment to political and labor re- such a matter, but also that the incon- the recognition of the importance of forms, and its desire to work economi- sistent measure is permitted and jus- this issue by both the United States cally with the United States. It is now tifiable given the broad self-judging,’’ Trade Representative and the Govern- up to the Members of the House of Rep- self judging, ‘‘language of the national ment of Oman, language was included resentatives whether to reward the security exception.’’ within the Statement of Administra- leadership or reject it based on politics So that national security interest tive Action that the United States and arguments that have no basis in has absolutely no legal standing at all. Trade Representative will monitor and fact. I know of no legal authority, and I am report to us on this issue. On June 28, Let me run through a few of the ar- sure if there was one, that would have 2006, the American Israel Public Affairs guments that have been made here been brought out in this debate.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5525 Yesterday, we had a very fine debate, ganization’s most important and fundamental Oman is an important ally in the Middle and this debate was about our friend- rights: freedom of association and the right to East, and I respect their friendship. However, ship with Israel. It was about the dan- organize and bargain collectively. There are their labor laws are insufficient to create a gers that Israel is facing. It was about no independent unions in that country. In fact, level playing field for American companies. At our support of Israel. Now we have an- Oman not only fails on labor rights, but on all this point, Oman apparently only meets three other vote today, and that vote is human rights! of the International Labor Organization’s five about one of the best friends that The Bush Administration State Department’s core labor standards. There are no labor Israel has in the region. And for us to 2006 ‘‘Trafficking in Human Persons’’ report unions in Oman, and Oman’s workers do not vote them down would not only be an downgraded Oman to a ‘‘Tier 2 Watch List’’ have the right to collectively bargain. Oman’s insult to them, but I believe would be country, just one step above the countries with lack of core labor standards alone should be an insult to Israel. the worst human trafficking records. In 2005, reason enough to oppose the agreement. I would urge all Members of this body Oman was only on ‘‘Tier 2’’ of the State De- Unfortunately, this agreement could also to think for yourself, is this a good partment’s human trafficking list, meaning that cede our ability to select companies to operate agreement? Don’t follow your party Oman’s trafficking practices and regulations our own ports. As the President learned during line. Vote for yourself, what you think. worsened from 2005 to 2006. the Dubai Ports World controversy just a few You are sent here to represent your We talk a lot about the war in Iraq, and the months ago, the American people want control constituency. Represent them and cast President of the United States has described over our critical transportation infrastructure, a vote today that is going to mean it in many cases as an effort to export democ- but language in this free trade agreement spe- something. We aren’t puppets around racy. Well, I have got news for you; you do cifically permits foreign companies to operate here. Each one of us represents a par- not export democracy through the Defense our ports as long as the company operates a ticular congressional district and we Department. port in Oman. should vote that district. Vote for the This is where you export democracy, in our In 2005, Rhode Island companies exported people that sent us here. trade agreements, through our Commerce De- approximately $158,000 to Oman, or about .01 Mr. LYNCH. Mr. Speaker, I rise to express partment. Democracy is all about opportunity, percent of the State’s worldwide exports. We my strong opposition to the Oman FTA. This and we should, in our trade agreements, give must go back to the drawing board to ensure is de´ja` vu: last summer we were working these foreign workers an opportunity to stay in American companies, American jobs, and against CAFTA . . . now we have the Oman their own country, to buy goods from us that American security are not left behind for such FTA. would create a good dynamic by creating jobs a small price. I urge my colleagues to join me What we have here is identical language to in this country. Democracy is about oppor- in opposing H.R. 5684 and encouraging the the problematic and inadequate language that tunity, and if we are really serious about ex- Administration to renegotiate a more equitable was contained in CAFTA and NAFTA before porting democracy, it starts right here. It starts agreement. that. Most shocking, the administration has with our free trade agreements. Mr. SKELTON. Mr. Speaker, after the trage- Join me in voting ‘‘no’’ on the Oman Free slipped language into the Oman FTA that will dies of September 2001, the United States Trade Agreement. threaten U.S. port security. As you know, Mr. Mr. LEWIS of Georgia. Mr. Speaker, I rise Congress created the National Commission on Speaker, I represent the Port of Boston. To in strong opposition to the U.S.-Oman Free Terrorist Attacks Upon the United States, com- me, this FTA really hits home and is particu- Trade Agreement Implementation Act. This monly called the 9–11 Commission. This inde- larly disturbing. agreement contains the same flawed ‘‘enforce pendent, bipartisan body was charged with The simple fact is that under this agree- your own labor laws’’ provision that we have preparing a complete account of the cir- ment, if an Omani company sought to acquire seen in recent trade agreements. These labor cumstances surrounding the attacks and with landside services at U.S. ports and the U.S. standards simply do not work when we are recommending policy changes designed to government took action to stop or limit that ac- dealing with countries that lack strong labor prevent future attacks. I have a great deal of quisition, the Omani company could sue the laws and practices. respect for the individuals who served on this U.S. government for violating its FTA rights. Mr. Speaker, before we move forward on commission and for their final work product. The challenge would then be decided by a this issue, I feel a moral obligation to pose the America is in the midst of fighting a long, U.N. or World Bank tribunal. following questions to my colleagues and to complex war against terrorism that must be The nonpartisan Congressional Research the American people: fought with unconventional tools. The 9–11 Service released a report a couple days ago When negotiating trade agreements, why Commission recognizes the unique nature of that confirms that the Oman FTA would make does this Administration always seem to lose our conflict and has recommended that the it harder to protect U.S. ports. The CRS report its tenacity and its resolve when it comes to United States engage Middle Eastern nations makes clear that the Oman FTA would create protecting the labor rights of some of the economically in order to foster development a new right under an international trade agree- world’s most vulnerable workers? and reforms in that troubled part of the world. ment, which would require the United States What message does America send to the Economic openness requires bilateral com- to allow any Omani company to provide international community, when we will fight to promise and gives America an opportunity to ‘‘landside aspects of port activities.’’ protect pharmaceuticals patents and other in- positively influence the region. And, impor- The CRS report further confirms that Dubai tellectual property within our trade agree- tantly, economic reforms and political liberties Ports World, DPW, could use the U.S.-Oman ments, but we will not do the same for human tend to be linked. FTA to obtain this new right guaranteed by an beings? In the Middle East, the Congress has ap- international trade agreement to buy U.S. port Mr. Speaker, before the Members of the proved trade pacts with Israel, Jordan, Mo- operations. All DPW would have to do is cre- People’s House cast their votes on this agree- rocco, and Bahrain. I have supported them be- ate a subsidiary in Oman. DPW already has ment today, I ask that they take a long, hard cause I feel they are critical to enhancing our commercial operations in at least 10 countries. look at our priorities and our values when it economic ties to the region. Today, we are It would not be hard for DPW to meet the comes to trade policy. I am convinced that this considering an agreement with Oman, and Oman FTA’s standard—any business estab- Administration can do a much better job of ne- after careful consideration, I have decided to lished in Oman is eligible to take advantage of gotiating trade agreements that will advance support this legislation as well. the benefits of the agreement. Only busi- the interests of U.S. business and agriculture, Oman is a small, oil-exporting nation located nesses with ‘‘no substantial business activi- while protecting the rights of workers. on the Arabian peninsula at the mouth of the ties’’—a very low threshold—are excluded. I urge my colleagues to vote ‘‘no’’ on this Persian Gulf. It is strategically important to the Mr. Speaker, not only does this FTA pose flawed trade agreement. United States and has played a meaningful homeland security concerns, but instead of Mr. LANGEVIN. Mr. Speaker, today I rise in role in our efforts to defeat terrorism. As enforceable labor provisions with teeth, this opposition to H.R. 5684, the U.S.-Oman Free Oman’s oil reserves diminish, its government free trade agreement suggests only that Oman Trade Agreement Implementation Act. Once has been working to liberalize and diversify its adopt and enforce its own labor laws. It offers again, the Administration has not met its trade beyond oil and gas. no assurance that existing labor problems will promise to work with both sides of the aisle to America’s economic partnership with Oman be resolved, and allows labor laws to be craft a fair trade agreement. While I favor ex- carries with it great promise. Boosting our eco- weakened or eliminated in the future, with no panding trade and eliminating restrictive tariffs nomic partnership with that country will en- possibility of recourse. and barriers, the U.S.-Oman agreement does hance our national security standing in a stra- In Oman, their 2003 labor laws remain in not create a fair playing field for United States tegically critical area and will open doors to serious violation of the International Labor Or- companies and workers to compete. agricultural trade. The agreement will lower

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5526 CONGRESSIONAL RECORD — HOUSE July 20, 2006 tariffs on U.S. agricultural commodities and United States. In other words, if an Omani trolled by or acting on behalf of a foreign products, thereby putting our Nation in a better company (either state or privately owned) government seeks to engage in any merger, position to increase exports and compete with wants to engage in contract negotiations acquisition, or takeover which could result with port owners to provide for the types of in control of a person engaged in interstate other nations for market share. After full imple- services envisioned in Annex II, there is no commerce in the United States that could af- mentation, U.S. agricultural exports could U.S. law that would expressly prevent them fect the national security of the United reach $225 million or more. from receiving said contracts. States.’’ The President, by Executive Order, No trade deal is ever perfect. Clearly, some Annex II of the proposed Oman FTA allows has delegated the responsibility for these in- improvements could be made in the bill, espe- the parties to list ‘‘the specific sectors, sub- vestigations to CFIUS. cially with regard to labor protection and sectors, or activities for which that Party Based on our review of the proposed Oman human rights. But, as I studied the Oman Free may maintain existing, or adopt new or more FTA, there appears to be no provision that Trade Agreement and heard from national se- restrictive, measures’’ that are not in con- would amend, alter, or adjust this statutory formity with the various obligations imposed process or its requirements in any way. As a curity, agriculture, labor, and business leaders, by the Agreement, such as National Treat- result of the proposed Oman FTA, should a I became convinced that this trade agreement ment (Articles 10.3 or 11.2), Most-Favored privately owned company in Oman seek to is critical to U.S. national security and to Mis- Nation (Articles 10.4 or 11.3), and Market Ac- engage in the ‘‘landside aspects of port ac- souri’s rural economy. cess (Article 11.4). With respect to the Trans- tivities,’’ a CFIUS review could still be per- In the days leading up to today’s debate on portation Sector, the U.S. Schedule to Annex formed at the discretion of CFIUS, pursuant the Oman Free Trade Agreement, there has II lists 12 types of measures that the United to the statute. Similarly, should a company been much talk about port security. Despite States has specifically reserved the right to owned or controlled by the Omani govern- ment wish to engage in any ‘‘landside as- the rhetoric surrounding this issue, a non- either maintain or adopt new more restric- tive measures. These 12 types of measures pects of port activities’’ at a U.S. port, they partisan legal analysis from the Congressional generally reflect the current restrictions would still, pursuant to U.S. law, be required Research Service has shown that Congress placed on foreign investment and/or owner- to proceed through the CFIUS process and retains its ability to determine the national se- ship of maritime assets by U.S. domestic receive approval from the committee prior curity interests of our country and to prevent law. Phrased another way, the United States to beginning operations. The proposed Oman port operations if need be. The CRS analysis has reserved the right to maintain our exist- FTA appears to contain no language that ing legal restrictions with respect to those would exempt Oman or Omani government is set forth below, as is a letter from the Sec- controlled companies from these domestic retary of the Treasury on this issue: aspects of maritime transportation in which we already have limitations, as well as adopt legal requirements. CONGRESSIONAL RESEARCH SERVICE, Finally, it has been argued that the pro- Washington, DC, July 18, 2006. new measures in these categories that may be more restrictive. posed Oman FTA would allow so-called MEMORANDUM Additionally, the U.S. Schedule indicates ‘‘shell corporations’’ to be established in Subject: Legal Issues Related to the Pro- that we do not include in our reservations ei- Oman for the purpose of benefitting from the posed Oman Free Trade Agreement and ther ‘‘vessel construction and repair’’ or the FTA’s provisions. For example, assume that Port Security. ‘‘landside aspects of port activities.’’ The Dubai Ports World (DPW), a company con- From: Todd B. Tatelman, Legislative Attor- noninclusion of these measures in our sched- trolled by the government of Dubai, were to ney, American Law Division. ule merely indicates that the U.S. govern- establish a store front in Oman for the sole This memorandum is in response to re- ment is not reserving the right to impose a purpose of taking advantage of the FTA’s in- quests for a legal analysis of three argu- future restrictive measure with respect to vestment, market access, and national treat- ments that have been advanced in opposition ‘‘landside aspects of port activities.’’ It does ment provisions. Presumably, part of the in- to the proposed Oman Free Trade Agreement not appear possible to interpret this lan- centive for doing this would be so that DPW (FTA). Each of the arguments relate to guage as granting any type of new business could avail themselves of the investor-state issues surrounding port security and, specifi- opportunity to Oman or Omani based compa- dispute mechanism should their attempts to cally, the ability of Omani companies or nies. Moreover, with respect to ‘‘landside as- do business in the United States be denied. companies incorporated in Oman to perform pects of port activities’’ the language in The argument against the proposed Oman ‘‘landside aspects of port activities’’ in the Annex II specifically states that the prom- FTA assumes that the United States would United States. This memorandum provides a ised treatment ‘‘is conditional upon obtain- either have to grant DPW access to the U.S. legal analysis of three questions: First, ing comparable market access in these sec- market or face considerable costs in defend- whether the proposed Oman FTA allows tors from Oman.’’ As a result of this lan- ing our denial of market access. Should the government deny market access, the ensuing Omani companies or companies incorporated guage, it appears that the proposed Oman litigation could result in an adverse decision in Oman to perform ‘‘landside aspects of port FTA does not grant any new opportunities costing taxpayers a substantial amount of activities’’ at U.S. ports, especially in light for business investment to Oman that do not money in compensatory payments to Dubai. of the dispute over Dubai Ports World’s at- already exist, nor does it allow Oman to es- A careful review of the text of the proposed tempt at establishing similar business oper- tablish ‘‘landside aspects of port activities’’ Oman FTA, however, indicates that this sce- ations at various ports in the United States. unless it is determined that comparable mar- nario is unlikely to develop. Specifically, Ar- Second, whether the proposed Oman FTA ket access is provided to U.S. companies in ticle 10.11(2) addresses this concern by stat- provides some type of advance clearance to Oman. Indeed, it may be possible to argue ing that a ‘‘Party may deny the benefits of Omani companies that wish to begin landside that the language in Annex II in fact poten- [the Investment Chapter] to an investor of port operations in the United States. Fi- tially limits the opening of U.S. markets the other Party that is an enterprise of such nally, this memorandum provides a legal with respect to ‘‘landside aspects of port ac- other Party and to investments of that in- analysis with respect to the possibility of a tivities’’ because it imposes a comparable ac- vestor if the enterprise has no substantial third-country company (e.g., Dubai Ports cess requirement that does not currently business activities in the territory of the World or similarly-situated foreign entity), exist under domestic law. other Party and persons of a non-Party, or of establishing a minimal presence within Another argument raised in opposition to the denying Party, own or control the enter- Oman for the sole purpose of taking advan- the proposed Oman FTA is that it provides a prise.’’ Thus, the proposed FTA, by its own tage of the benefits provided by the provi- type of ‘‘pre-clearance’’ to businesses in provisions, clearly permits the United States sions of the proposed FTA. Oman with respect to ‘‘landside aspects of to deny benefits under the Investment Chap- One argument that has been raised against port activities.’’ It is unclear at this time ter to any company or individual unless the proposed Oman FTA appears to stem spe- precisely what the term ‘‘pre-clearance’’ there are ‘‘substantial business activities’’ cifically from language contained in Annex means in this context. For the purposes of established in Oman. Therefore, it appears II of the Agreement. The argument generally the memorandum, however, we will assume that the establishment of a mere ‘‘shell cor- asserts that the proposed Oman FTA pro- that this language refers to the national se- poration’’ would likely not be considered the vides a new right to both Omani-owned com- curity review conducted by Committee on establishment of ‘‘substantial business activ- panies and companies based in Oman that Foreign Investment in the United States ity’’ and, as a result, the United States will allow them to perform ‘‘landside aspects (CFIUS). CFIUS, as you may know, was the would be entitled to deny benefits. of port operations’’ at U.S. ports. Upon close executive branch entity responsible for re- This legal position is consistent with ad- inspection of the language in Annex II, how- viewing national security and other implica- ministration positions regarding substan- ever, it appears that this claim is misleading tions of the Dubai Ports World transaction. tially similar language contained in other because it appears that Omani companies are U.S. law permits the President, at his discre- FTAs. For example, in the Statement of Ad- already presently able to perform these serv- tion, to investigate the national security im- ministrative Action that accompanied the ices. Currently, there are no U.S. laws that plications of ‘‘mergers, acquisitions, and North American Free Trade Agreement, the prevent either an Omani-owned company takeovers . . . by or with foreign persons executive branch stated that ‘‘shell compa- (state controlled) or any other foreign-owned which could result in foreign control of per- nies could be denied benefits but not, for ex- company (regardless of whether the company sons engaged in interstate commerce in the ample, firms that maintain their central ad- is state-owned or privately owned) from con- United States.’’ In addition, domestic law re- ministration or principle place of business in tracting with port owners to perform quires the President to conduct an investiga- the territory of, or have a real and contin- ‘‘landside aspects of port activities’’ in the tion ‘‘in any instance in which an entity con- uous link with, the country where they are

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5527 established.’’ This language appears to estab- and your colleagues to pass the legislation to ship with a strategic country in the Middle lish a very high threshold for ‘‘substantial implement this FTA as soon as possible. East. I firmly believe the Bush Administration business activities’’ by requiring both cen- Sincerely, squandered this opportunity by not paying suf- tral administration and principal place of HENRY M. PAULSON, Jr., business in the country before benefit can be Secretary of the Treasury. ficient attention to national security concerns claimed. Given this interpretive language, it and by not ensuring basic labor standards in Mr. UDALL of Colorado. Mr. Speaker, I rise the agreement, which is why I must oppose does not appear that DPW, or any other for- in opposition to H.R. 5684, the United States- eign corporation, would be able to satisfy H.R. 5684 today. such requirements through a ‘‘shell corpora- Oman Free Trade Agreement Implementation Mr. ALLEN. Mr. Speaker, I rise in opposition tion.’’ In addition, for Oman to obtain any of Act. While the agreement would provide some to the U.S.-Oman Free Trade Agreement the benefits listed in Annex II with respect benefits both for the people of the U.S. and (FTA). We need a new trade policy that recog- to ‘‘landside aspects of port activities’’ they Oman, I think the agreement contains more nizes today’s realities of the global economy will, as previously discussed, have to provide flaws than benefits, and I believe it must be by promoting worker rights, environmental pro- ‘‘reciprocal market access’’ or else the rejected. tection and access to health care. This Oman United States has an additional legal basis The agreement, which is similar to free to deny market access to Omani companies. deal fails to meet that test. trade agreements (FTA)s with Middle Eastern Expanding trade opportunities can lead to countries Morocco and Bahrain, would provide DEPARTMENT OF THE TREASURY, job growth and economic vitality in Maine and SECRETARY OF THE TREASURY, the U.S. and Oman duty-free access for al- around the country. Trade policy should reflect Washington, DC, July 20, 2006. most all consumer and industrial goods, with all our important societal values, not just com- Hon. J. DENNIS HASTERT, special provisions for agriculture, textiles and mercial concerns, in order to create a stronger Speaker of the House of Representatives, apparel. Both countries would phase out all and more competitive America, encourage Washington, DC. tariffs on the remaining eligible goods within broader prosperity at home and abroad, and DEAR MR. SPEAKER: I understand that con- 10 years. cerns have recently arisen over the U.S.- create a better, healthier future for ourselves I have supported a number of trade agree- and our children. Oman Free Trade Agreement, FTA, and its ments to expand access to foreign markets for possible link to the security of U.S. ports— Inevitably, trade agreements create winners particularly regarding the dispute settle- exports as part of a long-term strategy to and losers within the U.S. economy. No trade ment provisions. strengthen the American economy. While ex- deal can be considered independently of other First, this agreement is strongly sup- panding market access for American industry, policies designed to help those who will be portive of our national security in general financial markets and farmers is critical, I be- shortchanged. Unfortunately, recent U.S. eco- and the war on terror specifically. It marks lieve it needs to be done responsibly, account- nomic policies will make matters worse. The another important step in our efforts to ing for the treatment and protection of workers President’s budget, adopted by the majority in deepen and strengthen commercial ties with and the environment. This agreement makes Congress, cuts programs vital to helping countries in the Middle East that are trying efforts to do so but in my opinion needs to go to modernize and give their people long-term Americans displaced by new trade agree- economic opportunities and political rights. further. ments: job training, vocational education, adult The United States should be a catalyst for Regarding the agreement’s labor provisions, education, community development, and small economic growth and stability in the region I am concerned that Oman is not in compli- business aid. It is irresponsible and immoral to and an active supporter and partner of coun- ance with International Labor Organization inflict a double blow on our most economically tries, such as Oman, that are seeking to inte- (ILO) core labor standards. There are no labor vulnerable citizens. grate into the global trading community. unions in Oman today. The royal decree If we do not reverse the disturbing dis- Oman has been a solid ally in our efforts in issued by Sultan Qaboos—which prohibits appearance of manufacturing and information the Middle East and in the war on terror, and forced labor and endorses the use of collec- we need to demonstrate to all countries that technology jobs, the American economy will our allies in this effort have a reliable friend tive bargaining and strikes—is a step in the suffer even greater job losses and long-term in the United States as they seek a better right direction, but more needs to be done. It’s damage. economic future. important that the provisions in the recent de- The U.S.-Oman FTA falls short in the area Second, Article 21.2 of the U.S.-Oman FTA cree be implemented before Congress con- of worker rights. Its only enforceable labor ob- provides for a national security exception siders this agreement. Regardless of the out- ligation is a requirement that Oman enforce its that allows the United States to take meas- come of today’s vote, I urge the Administration own labor laws, even though Oman’s laws fail ures that we determine are necessary for the and the United States Trade Representative to comply with basic international standards in protection of our essential security inter- (USTR) to monitor and take necessary steps ests. 10 specific areas. We should mandate Oman to ensure the implementation of this decree. Foreign acquisitions of companies in the abide by core labor rules, to be fair to their United States that operate port terminals I think the Administration and the USTR own workers and keep trade on a level playing are subject to section 721 of the Defense Pro- would be well served by including labor provi- field. duction Act, the Exon-Florio amendment, sions, such as those contained in the U.S.- The Oman pact continues a dangerous which authorizes the President to block and/ Jordan Free Trade Agreement, in the body of trend of using trade policy to extend anti- or force divestment of any proposed or ongo- future trade agreements and making them competitive protections for the highly profitable ing foreign investment in the United States subject to sanctions via dispute resolution pro- brand name drug industry. Although generic that threatens to impair U.S. national secu- cedures. The dispute resolution procedures drugs lower prices and therefore improve pub- rity. The Exon-Florio Amendment falls with- continue to fall short in FTAs negotiated by in the national security exception, noted lic health, the intellectual property provisions above, as a provision that the United States the Bush Administration, and the Oman FTA is inserted by the Bush Administration would ‘‘considers necessary for . . . the protection no exception. It is important that the United delay entry of generic prescription drugs by of its own essential security interests.’’ States takes step to ensure our trading part- imposing restrictive rules on the developing Port security in our country is not man- ners provide workers with basic labor rights. countries covered by the agreements. aged by port terminal operators. A combina- I am also concerned about reports that the I fear these provisions could come back to tion of municipal and State port authorities, U.S.-Oman FTA would create a new right re- hurt Americans, as Congress’ ability to legis- the U.S. Customs and Border Protection, and quiring the U.S. to allow any Omani company late on health care could be restricted by inter- the U.S. Coast Guard are responsible for our to buy U.S. port operations. Given the uproar Nation’s port security. national trade obligations. In essence, the Ad- As the Secretary of the Treasury, it is my earlier this year over the news that Dubai ministration is giving powerful drug makers responsibility to ensure the Exon-Florio Ports World had been permitted to take over legal standing to challenge domestic U.S. amendment is executed. Protection of the the operations of several U.S. ports, it seemed health care laws through trade dispute mecha- national security is my highest responsi- only reasonable today to pass the Cardin nisms. bility. To be clear, the FTA negotiated with amendment, which would close the loophole in We see the double standard. The Adminis- Oman neither subjects national security in- the current trade agreement that allows a for- tration champions international trade stand- terests to a third-party tribunal’s assess- eign company with operations in Oman to op- ards when they protect pharmaceutical indus- ment—as some have alleged—nor does it erate U.S. Port facilities. But the Republican try profits, but reject them when they protect alter, amend, or adjust the President’s Exon- Florio statutory powers to protect the na- leadership would not allow the amendment to workers’ rights. tion’s security in any way. be considered. I voted against the fast track/Trade Pro- The FTA with Oman provides greater op- Expanding the liberalization of trade in motion Authority bill, in part because I be- portunities and opens new markets for U.S. goods and services between the U.S. and lieved that it ceded too much authority to the products, investors, and workers. I urge you Oman can help us build a stronger relation- Executive Branch. The experience with this

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5528 CONGRESSIONAL RECORD — HOUSE July 20, 2006 Oman deal validates my concern. In June, the both adults and children. This agreement ters. There is no excuse for why this trade Senate Finance Committee approved an could permit businesses to profit by exploiting deal is not fair and balanced. amendment to the pact stipulating that goods the impoverished. I cannot accept an agree- I urge all of my colleagues to vote against made in Oman with forced labor may not ben- ment that allows businesses to increase their another ludicrous trade deal. efit from the trade agreement. When the White profit margins at the expense of the under- Mr. SMITH of Texas. Mr. Speaker, today the House later submitted the agreement to Con- privileged. House of Representatives has an opportunity gress, it left the forced labor provision out. The It seems clear to me that under the current to support the U.S. intellectual property indus- Administration has ignored the will of Con- refrain of ‘‘free trade to fight poverty,’’ suffi- tries by approving the U.S.-Oman Free Trade gress. The blank check permitted by this fast cient resources are not being used to help the Agreement. track authority is a clear case where bad proc- poor. Businesses are often more interested in The agreement is supported by both the ess leads to bad policy. the bottom line than the bottom of society. International Intellectual Property Association, I urge my colleagues to reject the U.S.- Foreign governments are often far too eager which is comprised of seven copyright-based Oman Free Trade Agreement, and insist on a to invite these companies into their nations. trade associations representing over 1,900 dif- new, balanced trade policy guided by con- This is not the best manner to help fight pov- ferent companies, and the Information Tech- sensus, not ideology. erty in the Third World. In order to fight pov- nology Industry Council, representing 35 lead- Ms. JACKSON-LEE of Texas. Mr. Speaker, erty, we must insist on the utilization of re- ing high-tech industries, because it will raise I rise in opposition to the Oman FTA, though sources to protect the poor, not to exploit the level of intellectual property protection in not without reservation. Increased economic, them. We must insist on better labor and envi- Oman in a number of ways. social, and political ties with Oman are noble ronmental standards in order to ensure that The agreement implements the WIPO Inter- goals and ones for which we should strive. the poor also benefit from free trade agree- net Treaties, which provide standards for dig- However, the facts behind the crafting of the ments. ital copyrighted material; it protects copy- Oman FTA suggest that this is a hurried trade Over 400 American organizations have an- righted works for extended terms, including 95 agreement. nounced strong opposition to the Oman FTA. years for sound recordings and performances; I can support an agreement that serves to These organizations represent a large number and it ensures that copyright owners will have support the interests of all parties at stake. I of Americans who oppose the OFTA. Of the the exclusive right to make their works avail- have based my previous votes on free trade 400 groups that oppose the OFTA, there are able online. agreements by this standard, and by this at least six prominent organizations from the The agreement will also strengthen the en- standard, I have decided to vote against the city that I have the privilege of representing, forcement of intellectual property rights in Oman FTA. While I do not doubt that some Houston. These organizations include the: Oman by including agreed upon criminal sectors of the U.S. economy will benefit from Harris County Central Labor Council; standards for copyright infringement with passage of this bill, I am fearful of the reper- Houston Globalization Forum; stronger remedies and penalties and by crim- cussions that will face many of our manufac- Houston Globalization Working Group; inalizing end user piracy. These provisions will turing industries. Houston Peace and Justice Center; provide a strong deterrence against piracy and I recognize that Oman is a key alley in the International Brotherhood of Electrical Work- counterfeiting. War on Terrorism and a leader in improving ers Local 716; and Finally, Oman has committed to zero tariffs The Sheet Metal Workers Local 54. the relationship between the Arab world and on all software, movies, music, consumer More than three million manufacturing jobs products, books and magazines exported into Israel, but trade agreements should not be have been lost in the US since 1998. Increas- judged by beneficial strategic alliances alone. the country and to zero tariffs on technology ingly, offshore outsourcing is impacting even products used to access the Internet. The United States has other allies in the Mid- highly educated and highly skilled workers. dle East on the War on Terrorism and should I urge my colleagues to support this impor- Protecting American jobs generally and espe- tant sector of the U.S. economy and vote in make agreements with those allies in which cially those jobs belonging to my constituents jobs held by the American people are not sac- favor of the Oman Free Trade Agreement. in the 18th district of Texas is of the utmost Mr. CROWLEY. Mr. Speaker, the issue of rificed. priority to me. Thus, I can not stand by and let trade has remained contentious over the In addition, the Oman FTA may include a Americans continue to lose their jobs. years. dangerous loophole that jeopardizes our Na- Therefore, we must insist that our trade I believe in the ideals of free trade but it tion’s port security. In its present form, this agreements contain more than an expansion must also be fair trade. agreement allows a foreign company with op- of business interests; they must also contain We have to take a close look at each agree- erations in Oman to operate U.S. port facili- provisions that expand social and political in- ment and weigh them on their individual mer- ties. The Cardin amendment would provide terests. We must ensure that trade agree- its. that the U.S.-Oman Free Trade Agreement ments benefit the wealthy and the poor, men If the President wants to receive over- cannot take effect until the U.S. withdraws its and women, young and old. This agreement whelming support on these agreements he commitment to allow companies with oper- fails to meet these standards, and I urge my has the power to do it. President Bush has the ations in Oman to operate ‘‘landside aspects colleagues to oppose it. power to make trade an issue that is strongly of U.S. port activities.’’ Ms. LEE. Mr. Speaker, today we are consid- supported by all of my colleagues, but he re- Furthermore, the OFTA would expand the ering yet another fundamentally flawed free fuses to add what Democrats have been de- failed model of the Central American Free trade agreement—the U.S.-Oman FTA. manding on labor and the environment. Trade Agreement. This model has been dev- How many times will it take to learn that the When I look at an agreement various factors astating to the U.S. industrial base, accel- current model just isn’t cutting it? Given the go into making my decision process, are we erating job loss and lowering living standards failures of NAFTA and CAFTA, you would opening new markets for our goods and serv- in the United States while exacerbating pov- think that the U.S.-Oman FTA would be an im- ices, will labor standards be protected, what is erty and social disparities in the developing provement. Sadly, the same misguided for- our relationship with our potential free trade nations with which we trade. mula is being applied again. partner. Current Omani law does not come close to Just look at the facts; you simply cannot As a member of the Middle East sub- meeting core International Labor Organization camouflage a race to the bottom. So please committee on the International Relations Com- standards. Despite some improvements made don’t be fooled by the word games that pro- mittee, I view Oman not as just a trade bill but to Oman’s legal framework, Oman’s labor laws ponents of this deal will play. also as a foreign policy tool. today do not provide for the exercise of the FTAs should promote democracy and offer Oman has been a strong friend and ally of most important and fundamental workers’ new opportunities for all parties involved. They the United States and is providing critical as- rights: freedom of association and the right to should not benefit a select few by making the sistance in the global war against terrorism organize and bargain collectively. rich wealthier and bankrupting the poor. and this agreement will continue to strengthen In order to ensure progress, we must estab- We should be protecting labor standards, our relationship. lish a system of improved standards in edu- human rights, the environment, access to The 9/11 Commission has recommended cation, labor, and environment, among others. medicines, and national sovereignty—not sac- that the United States build stronger relation- In this regard, the OFTA falls short of estab- rificing them under the guise of promoting ship with moderate Muslim nations such as lished standards. The OFTA has neither suffi- business and economic growth. When will we Oman to build an economic and political part- cient nor enforceable labor provisions. This learn that these are not contradictory goals? nership. omission of labor standards will result in the But again, these critical issues are shoved Besides the economic benefits the United continuation of severe labor conditions for to the margins in empty promises and side-let- States will enjoy from the implementation of

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 9920 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5529 this free trade agreement it also has spurred vide Omani workers with the fundamental pro- The question was taken; and the our friends in Oman to move beyond their cur- tections needed to prevent workplace exploi- Speaker pro tempore announced that rent labor laws. While I would like to see a tation. the ayes appeared to have it. more progressive stance on labor, I believe Oman has a massive guest worker popu- Mr. CARDIN. Mr. Speaker, on that I these new reforms are genuine. lation, comprising over 75 percent of Oman’s demand the yeas and nays. Oman has shown they are a stable nation in total work force. According to reports, in The yeas and nays were ordered. a sea of conflicts in the Middle East and my Oman, guest workers are prevented from ex- hope is that this agreement will help move ercising their international labor rights and The SPEAKER pro tempore. Pursu- them further down the path of moderation. have reportedly been jailed for complaining ant to clause 8 of rule XX, this 15- I think it is worth noting that during Israel’s about the working conditions and violation of minute vote on passage of H.R. 5684 recent conflict with Hezbollah and Hamas, labor rights. will be followed by a 5-minute vote on Oman has been noticeably restrained in criti- My concerns about the Oman FTA were re- suspending the rules on H. Con. Res. cizing the Jewish State for protecting her citi- inforced by news reports coming out of Jordan 448. zens. about violations of Jordanian workers rights. The vote was taken by electronic de- Oman is a valued member of the Middle Before these incidents, the Jordan Free Trade vice, and there were—yeas 221, nays East community and this agreement will make Agreement was considered the gold standard 205, not voting 7, as follows them even more so. for labor provisions in trade agreements. Jor- At the core of this trade initiative is the be- dan’s labor laws are strong and it has long ex- [Roll No. 392] lief that through economic opportunity and perience administrating them. That is why, YEAS—221 partnership, with the United States and Israel, when I read the May 3, 2006, New York Akin Frelinghuysen Musgrave that the goal of peace in the region can be Times article describing the abusive conditions Alexander Gallegly Myrick furthered. in Jordan’s apparel industry, I also grew con- Bachus Garrett (NJ) Neugebauer I understand that perfection can be an unat- cerned about the lack of protections for work- Baird Gibbons Nunes Baker Gilchrest Osborne tainable goal but sometimes you must weigh ers in Oman. Barrett (SC) Gillmor Oxley all the pros and cons and on Oman the pros Reports are emerging from Jordan of an en- Bartlett (MD) Gohmert Pearce tipped the scale. I also want to address the vironment where workers put in 20-hour days Barton (TX) Goodlatte Pence with little or no pay and where physical abuse Bass Granger Peterson (PA) point of the Dubai port sale raised by the op- Bean Graves is rampant. If workers rights are not enforced Petri ponents and the ability of an Omani company Beauprez Green (WI) Pickering or another company to base themselves in in Jordan, there is little hope that workers in Biggert Gutknecht Pitts Oman—where independent unions are out- Bilbray Hall Platts Oman to try to purchase American port facili- Bilirakis Harman ties or other infrastructure. lawed—will have their rights protected. Poe Blackburn Harris Pombo Trade agreements must at least hold open Blunt Hart While there are many theoreticals as to Porter Boehlert Hastert what could or could not happen, any purchase the reasonable prospect that workers will be Price (GA) Boehner Hastings (WA) treated fairly. This agreement fails that test. Pryce (OH) of an American asset by an Omani company Bonilla Hayworth Mr. ETHERIDGE. Mr. Speaker, I rise in sup- Putnam would be subject to review by the Committee Bonner Hefley Radanovich on Foreign Investment in the United States, port of H.R. 5684, the Oman Free Trade Bono Hensarling Agreement, because I think it is the right thing Boozman Herger Ramstad CFIUS. As the lead sponsor along with Rep- Regula to do. I am going to vote for this agreement Boren Hobson resentatives ROY BLUNT, CAROLYN MALONEY, Boustany Hoekstra Rehberg and DEBORAH PRYCE of a bipartisan CFIUS re- because I believe that free trade can be a way Bradley (NH) Hulshof Reichert Renzi form, I understand the purchase of American to promote our national security through inter- Brady (TX) Hunter national cooperation and economic growth. Brown (SC) Hyde Reynolds assets by foreign companies or governments Rogers (KY) The country of Oman is an important ally of Brown-Waite, Inglis (SC) well. Ginny Issa Rogers (MI) This agreement with Oman does not change the United States in a part of the world where Burgess Istook Rohrabacher Ros-Lehtinen one bit the CFIUS process and doesn’t make we need more friends. It is also a country that Burton (IN) Jefferson Buyer Jenkins Royce it any less secure. is growing, one that will provide economic op- portunities and jobs to our Nation through in- Calvert Jindal Ryan (WI) Mr. VAN HOLLEN. Mr. Speaker, I rise today Camp (MI) Johnson (CT) Ryun (KS) to express my views regarding the Oman Free creased exports. Upon passage of this agree- Campbell (CA) Johnson (IL) Saxton Trade Agreement. ment, Oman will provide immediate duty-free Cannon Johnson, Sam Schmidt access to 87 percent of U.S. agricultural ex- Cantor Keller Sensenbrenner I have supported certain trade agreements Capito Kelly Sessions in the past because I believe they can be an ports and 100 percent duty-free trade in indus- Carter Kennedy (MN) Shadegg important step toward opening markets for trial and consumer products. Case King (IA) Shaw Mr. Speaker, Oman is a friend to the United Castle King (NY) Shays U.S. businesses. I also believe that the eco- States and a leader in the Middle East region. Chabot Kingston Sherwood nomic interdependence that flows from trade Chocola Kirk Oman has demonstrated this by passing tough Shimkus agreements can help create a more coopera- Cole (OK) Kline Shuster new labor laws, normalizing relations with Conaway Knollenberg tive and peaceful world by solidifying ties be- Simpson Israel, and supporting the U.S. efforts in Iraq. Crenshaw Kolbe Skelton tween nations. That is why I supported agree- Passage of this agreement will demonstrate Crowley Kuhl (NY) Smith (TX) ments with Australia, Chile, Morocco, Bahrain Cubin LaHood that we can do more to enhance our Nation’s Smith (WA) and Singapore. Cuellar Larsen (WA) Snyder Culberson Latham This outlook informs my approach to trade national security through cooperation and eco- Sodrel nomic development. Davis (CA) Leach Souder Davis (KY) Lewis (CA) agreements and as I carefully considered the Stearns Although this legislation is not perfect, ap- Davis, Tom Lewis (KY) provisions of the Oman Free Trade agree- Sullivan proving the Oman Free Trade Agreement is in Dent Linder Tanner ment, I recognized its potential for opening Diaz-Balart, L. Lucas America’s national interest, and I urge my col- Tauscher Oman’s market to U.S. agriculture, manufac- Diaz-Balart, M. Lungren, Daniel leagues to vote ‘‘yes’’ on this bill. Terry turing and the services industry. But a trade Dicks E. Mr. SHAW. Mr. Speaker, I yield back Thomas agreement is about more than trade; it is also Doolittle Mack the balance of my time. Drake Manzullo Thornberry about the fair treatment of workers and other The SPEAKER pro tempore (Mr. Dreier Marchant Tiahrt Tiberi considerations. TERRY). All time for debate on the bill Duncan Matheson With respect to worker’s rights, the Oman Edwards McCaul (TX) Turner has expired. Upton FTA is seriously flawed. Like CAFTA, the Ehlers McCrery Pursuant to House Resolution 925, Emerson McHenry Walden (OR) Oman FTA only requires the Omani Govern- the bill is considered read and the pre- English (PA) McKeon Wamp ment to enforce its own labor laws. And when vious question is ordered. Etheridge McMorris Weldon (FL) Weller violations occur, the Omani Government is The question is on the engrossment Feeney Meeks (NY) Ferguson Mica Westmoreland only required to pay a financial penalty to and third reading of the bill. Flake Miller (FL) Whitfield itself. This provision is a source of concern to The bill was ordered to be engrossed Foley Miller (MI) Wicker me in light of reports by the international labor and read a third time, and was read the Forbes Miller, Gary Wilson (NM) community that Oman’s labor laws fall far Fortenberry Moore (KS) Wilson (SC) third time. Fossella Moran (KS) Wolf short of meeting the International Labor Orga- The SPEAKER pro tempore. The Foxx Moran (VA) Young (AK) nization’s core labor standards and do not pro- question is on the passage of the bill. Franks (AZ) Murphy Young (FL)

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5530 CONGRESSIONAL RECORD — HOUSE July 20, 2006 NAYS—205 The Clerk read the title of the con- Maloney Peterson (MN) Simmons Manzullo Peterson (PA) Simpson Abercrombie Hayes Otter current resolution. Marchant Petri Skelton Ackerman Herseth Owens The SPEAKER pro tempore. The Markey Pickering Smith (NJ) Aderholt Higgins Pallone Marshall Pitts Allen Hinchey question is on the motion offered by Smith (TX) Pascrell Matheson Platts Andrews Hinojosa Smith (WA) Pastor the gentleman from California (Mr. Matsui Poe Baca Holden Snyder Paul CALVERT) that the House suspend the McCarthy Pombo Baldwin Holt Sodrel Payne McCaul (TX) Pomeroy Barrow Honda rules and agree to the concurrent reso- Solis Pelosi McCollum (MN) Porter Becerra Hooley lution, H. Con. Res. 448, on which the Souder Peterson (MN) McCotter Price (GA) Berkley Hostettler Spratt Pomeroy yeas and nays are ordered. McCrery Price (NC) Berman Hoyer Stearns Price (NC) McDermott Pryce (OH) Berry Inslee This will be a 5-minute vote. Strickland Rahall McGovern Putnam Bishop (GA) Israel Stupak Rangel The vote was taken by electronic de- McHenry Radanovich Bishop (NY) Jackson (IL) Reyes vice, and there were—yeas 415, nays 0, McHugh Rahall Sullivan Blumenauer Jackson-Lee Rogers (AL) McIntyre Ramstad Sweeney Boswell (TX) not voting 17, as follows: Ross McKeon Rangel Tanner Boucher Johnson, E. B. Rothman [Roll No. 393] McMorris Regula Tauscher Boyd Jones (NC) Roybal-Allard Meek (FL) Rehberg Taylor (MS) Brady (PA) Jones (OH) YEAS—415 Ruppersberger Meeks (NY) Reichert Taylor (NC) Brown (OH) Kanjorski Rush Abercrombie Costello Hastings (WA) Melancon Renzi Terry Brown, Corrine Kaptur Ryan (OH) Aderholt Cramer Hayes Mica Reyes Thomas Butterfield Kennedy (RI) Sabo Akin Crenshaw Hayworth Michaud Reynolds Thompson (CA) Capps Kildee Salazar Alexander Crowley Hefley Millender- Rogers (AL) Thompson (MS) Capuano Kilpatrick (MI) Sa´ nchez, Linda Allen Cubin Hensarling McDonald Rogers (KY) Thornberry Cardin Kind T. Andrews Cuellar Herger Miller (FL) Rogers (MI) Tiahrt Cardoza Kucinich Sanchez, Loretta Baca Culberson Herseth Miller (MI) Rohrabacher Tiberi Carnahan Langevin Sanders Bachus Cummings Higgins Miller (NC) Ros-Lehtinen Tierney Carson Lantos Schakowsky Baird Davis (AL) Hinchey Miller, Gary Ross Chandler Larson (CT) Towns Schiff Baker Davis (CA) Hinojosa Miller, George Rothman Clay LaTourette Turner Schwartz (PA) Baldwin Davis (IL) Hobson Mollohan Roybal-Allard Cleaver Lee Udall (CO) Schwarz (MI) Barrett (SC) Davis (KY) Hoekstra Moore (KS) Royce Clyburn Levin Udall (NM) Scott (GA) Barrow Davis (TN) Holden Moore (WI) Ruppersberger Coble Lewis (GA) Upton Scott (VA) Bartlett (MD) Davis, Tom Holt Moran (KS) Rush Conyers Lipinski Van Hollen Serrano Barton (TX) DeFazio Honda Moran (VA) Ryan (OH) Cooper LoBiondo Vela´ zquez Sherman Bass DeGette Hooley Murphy Ryan (WI) Costa Lofgren, Zoe Visclosky Simmons Bean Delahunt Hostettler Murtha Ryun (KS) Costello Lowey Walden (OR) Slaughter Beauprez DeLauro Hoyer Musgrave Sabo Cramer Lynch Walsh Becerra Dent Hulshof Myrick Salazar Cummings Maloney Smith (NJ) Wamp Berkley Diaz-Balart, L. Hunter Nadler Sa´ nchez, Linda Davis (AL) Markey Solis Wasserman Berman Diaz-Balart, M. Hyde Napolitano T. Davis (IL) Marshall Spratt Schultz Berry Dicks Inglis (SC) Neal (MA) Sanchez, Loretta Davis (TN) Matsui Stark Waters Biggert Dingell Inslee Neugebauer Sanders Deal (GA) McCarthy Strickland Watson Bilbray Doggett Israel Ney Saxton DeFazio McCollum (MN) Stupak Watt Bilirakis Doolittle Issa Norwood Schakowsky DeGette McCotter Sweeney Bishop (GA) Doyle Istook Nunes Schiff Waxman Delahunt McDermott Tancredo Bishop (NY) Drake Jackson (IL) Oberstar Schmidt Weldon (FL) DeLauro McGovern Taylor (MS) Blackburn Dreier Jackson-Lee Obey Schwartz (PA) Weldon (PA) Dingell McHugh Taylor (NC) Blumenauer Duncan (TX) Olver Schwarz (MI) Weller Doggett McIntyre Thompson (CA) Blunt Edwards Jefferson Ortiz Scott (GA) Westmoreland Doyle McNulty Thompson (MS) Boehlert Ehlers Jenkins Osborne Scott (VA) Wexler Emanuel Meehan Tierney Boehner Emanuel Jindal Otter Sensenbrenner Whitfield Engel Meek (FL) Towns Bonilla Emerson Johnson (CT) Owens Serrano Wicker Eshoo Melancon Udall (CO) Bonner Engel Johnson (IL) Oxley Sessions Wilson (NM) Everett Michaud Udall (NM) Bono English (PA) Johnson, E. B. Pallone Shadegg Wilson (SC) Farr Millender- Van Hollen Boozman Eshoo Johnson, Sam Pascrell Shaw Wolf Fattah McDonald Vela´ zquez Boren Etheridge Jones (NC) Pastor Shays Woolsey Filner Miller (NC) Visclosky Boswell Everett Jones (OH) Paul Sherman Wu Fitzpatrick (PA) Miller, George Walsh Boucher Farr Kanjorski Pearce Sherwood Wynn Ford Mollohan Wasserman Boustany Fattah Kaptur Pelosi Shimkus Young (AK) Frank (MA) Moore (WI) Schultz Boyd Feeney Keller Pence Shuster Young (FL) Gerlach Murtha Waters Bradley (NH) Ferguson Kelly Gingrey Nadler Watson Brady (PA) Filner Kennedy (MN) NOT VOTING—17 Gonzalez Napolitano Watt Brady (TX) Fitzpatrick (PA) Kennedy (RI) Goode Neal (MA) Waxman Brown (OH) Flake Kildee Ackerman Evans Payne Gordon Ney Weiner Brown, Corrine Foley Kilpatrick (MI) Bishop (UT) McKinney Slaughter Green, Al Norwood Weldon (PA) Brown-Waite, Forbes Kind Brown (SC) McNulty Stark Green, Gene Oberstar Wexler Ginny Ford King (IA) Davis (FL) Meehan Tancredo Grijalva Obey Woolsey Burgess Fortenberry King (NY) Davis, Jo Ann Northup Weiner Gutierrez Olver Wu Burton (IN) Fossella Kingston Deal (GA) Nussle Hastings (FL) Ortiz Wynn Butterfield Foxx Kirk Buyer Frank (MA) Kline ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE NOT VOTING—7 Calvert Franks (AZ) Knollenberg The SPEAKER pro tempore (during Bishop (UT) Evans Nussle Camp (MI) Frelinghuysen Kolbe Davis (FL) McKinney Campbell (CA) Gallegly Kucinich the vote). Members are advised there Davis, Jo Ann Northup Cannon Garrett (NJ) Kuhl (NY) are 2 minutes left in the vote. Cantor Gerlach LaHood b 1452 Capito Gibbons Langevin Capps Gilchrest Lantos b 1500 Mr. NORWOOD and Mr. POMEROY Capuano Gillmor Larsen (WA) changed their vote from ‘‘yea’’ to Cardin Gingrey Larson (CT) So (two-thirds of those voting having ‘‘nay.’’ Cardoza Gohmert Latham responded in the affirmative) the rules So the bill was passed. Carnahan Gonzalez LaTourette were suspended and the concurrent res- Carson Goode Leach The result of the vote was announced Carter Goodlatte Lee olution was agreed to. as above recorded. Case Gordon Levin The result of the vote was announced Castle Granger Lewis (CA) as above recorded. f Chabot Graves Lewis (GA) A motion to reconsider was laid on COMMENDING NASA ON COMPLE- Chandler Green (WI) Lewis (KY) Chocola Green, Al Linder the table. TION OF THE SPACE SHUTTLE’S Clay Green, Gene Lipinski SECOND RETURN-TO-FLIGHT MIS- Cleaver Grijalva LoBiondo SION Clyburn Gutierrez Lofgren, Zoe f Coble Gutknecht Lowey The SPEAKER pro tempore. The un- Cole (OK) Hall Lucas GENERAL LEAVE finished business is the question of sus- Conaway Harman Lungren, Daniel Conyers Harris E. pending the rules and agreeing to the Cooper Hart Lynch Mr. SHAW. Mr. Speaker, I ask unani- concurrent resolution, H. Con. Res. 448. Costa Hastings (FL) Mack mous consent that all Members may

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5531 have 5 legislative days in which to re- Mr. HOYER. Reclaiming my time, I Mr. HOYER. We could go on a long vise their remarks and include extra- was very pleased to hear that we are time on this. We probably ought to neous material on the subject of the going to be dealing with the Horse Pro- move along with the schedule because bill. tection Act. I am sure that all of us are you and I have a different view as to The SPEAKER pro tempore. Is there concerned about that. I say that seri- who is going to be lame and who is objection to the request of the gen- ously. going to be the duck and other issues tleman from Florida? But can you tell me when we might of great importance to the American There was no objection. be doing the Worker Protection Act, people. f particularly those that are working at On the issues, the Labor-Health bill, LEGISLATIVE PROGRAM the lower end of the scale, the min- obviously the minimum wage is one of imum wage act? the issues on that bill, but there are a (Mr. HOYER asked and was given Mr. BOEHNER. If the gentleman lot of other issues on that bill as well. permission to address the House for 1 would yield. Do you have any expectation the minute.) Mr. HOYER. I yield to my friend. Labor-Health bill will move either next Mr. HOYER. Mr. Speaker, I rise for Mr. BOEHNER. We are continuing to week, I know it is not on the calendar, the purpose of inquiring of the major- have conversations about that issue, or in September? ity leader the schedule for the week to but no decisions as of yet. If there is, I I yield to my friend. come; and at this time, I yield to my will make sure that everyone is noti- Mr. BOEHNER. I appreciate my col- friend, the majority leader, Mr. fied. league for yielding. There are a number BOEHNER of Ohio. Mr. HOYER. I thank the gentleman, Mr. BOEHNER. I appreciate my col- of issues related to that bill. I think it and I meant that seriously on the is doubtful that it will be up next league from Maryland for yielding. Horse Protection Act. I am sure it is an Mr. Speaker, the House will convene week. I am hopeful that we will be able important piece of legislation, but we to consider it in September. next Monday at 12:30 for morning hour are very concerned and continue to be and 2 p.m. for legislative business. We Mr. HOYER. Moving on to the pen- concerned, many, many Members on will consider a number of measures sion conference report, there have been your side of the aisle continue to be under suspension of the rules. A final some reports that there may have been concerned, about the 9 years that have list of those bills will be sent to Mem- some progress in the pension con- transpired since we adjusted the min- bers’ offices by tomorrow afternoon. ference, but I want to tell the leader For the balance of the week, the imum wage, no cost of living attached again, very seriously, I read in one of House will consider on Tuesday H.R. to it, and we are very hopeful that the the journals that the conference, or a 1956, the business activity tax bill from majority leader and your side of the group, had been meeting. There had the Judiciary Committee. aisle will see fit to bring that forward. been five Republicans and two Demo- On Wednesday morning at 11 there We hope that you will bring it for- crats. will be a joint meeting of Congress to ward in a fashion that will not dilute I want to tell my friend, in all seri- receive His Excellency Mr. Maliki, the attention and focus on the workers, ousness, and I have asked you to en- Prime Minister of the Republic of Iraq. and by that I say attaching it to a tax gage on this, not one Democrat from Also on Wednesday we will consider bill or some other piece of legislation. the House of Representatives has been H.R. 5682, the United States and India We would hope that that would be a engaged in these meetings. The two Nuclear Cooperation Promotion Act clean vote on the floor, and we think Democrats that are mentioned in that from the International Relations Com- the majority of this House are for it. story are both Democratic United mittee. We think it is a very, very important States Senators. They may be very fine On Thursday, we will consider H.R. piece of legislation, and we ask you to United States Senators. This is a two- 5766, the Government Efficiency Act, very seriously consider bringing it up House, bicameral Congress. and possibly H.R. 3282, the Abolishment next week if possible, but as early in The gentleman made a representa- of Obsolete Agencies and Federal Sun- September as possible. tion to me, and I take him at his word, set Act from the Committee on Gov- September 29 has been put in the I believe he means it, that a conference ernment Reform. press as the target date at least. You is better or a discussion on where we At this point, Friday is still up in the mentioned one of the pieces of legisla- are going on this pension bill, a criti- air. Our goal is to finish on Thursday. tion that might be on in September. cally important bill that has been It is not a commitment but it is my Can you tell me how definitive or defi- pending now for almost half a year or goal, and I am hopeful that we will be nite a date that September 29 may be longer, I suppose, the gentleman knows able to meet it. It really will depend on for the possible adjournment prior to the exact date of that, and has not the number of conference reports that the election? moved, and during that period of time, may or may not be completed and I yield to my friend. Democrats from the House of Rep- whether we can fit those in during the Mr. BOEHNER. It is very definite. resentatives have not been included in Mr. HOYER. That is going to be the week, if they come inside, like the gen- the pension conference. I have been, I date? tleman understands. Mr. BOEHNER. We are gone Sep- think, pretty polite on my request to I am hopeful that the Voc Ed con- tember 29. We will be back on Novem- you, Mr. Leader, but this is not the ference report can be brought up. As ber 13. process that we ought to be following. the gentleman knows, we have been Mr. HOYER. November 13. There are I yield to my friend. working on the pension conference. all sorts of things I could say about Mr. BOEHNER. I appreciate the gen- There is no agreement as yet, but I post-election. tleman’s concerns, but I think the gen- think we are moving toward one, and I Mr. BOEHNER. I am sure you could. tleman from Maryland understands am hopeful. But we will see. Mr. HOYER. We will be happy when that I am not the chairman of the con- I also have an announcement about we get back here on the 13th. ference. I don’t decide when we meet, September votes, which is a change in Mr. BOEHNER. And we will be happy, who meets or what room we meet in. I the calendar. There will be no votes on too. have expressed the gentleman’s con- Tuesday, September 5. I anticipate Mr. HOYER. To proceed with what- cerns, and hopefully we will have all of that we will consider H.R. 503, to ever legislation we decide ought to be the Members together very soon. amend the Horse Protection Act to considered, realizing we won’t be sworn Mr. HOYER. I hope that is the case, prohibit the shipping, transporting, in until January as the majority party. Mr. Leader, and again, I take you at moving, delivering, receiving, pos- Mr. BOEHNER. What we call the your word. While you are not the chair- sessing, purchasing, selling or donation lame duck session. man of the conference, you are the ma- of horses and other equines to be Mr. HOYER. Yes, it will undoubtedly jority leader of the majority party in slaughtered for human consumption. be a lame duck session, I tell the ma- the House of Representatives. We expect that to be considered that jority leader. Mr. BOEHNER. If the gentleman first week we are back, and I just want- Mr. BOEHNER. The only question is would yield, the other body is chairing ed Members to be aware of it. who will be lame. this conference, and the gentleman has

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5532 CONGRESSIONAL RECORD — HOUSE July 20, 2006 been on a number of conferences over week of July 24 to grant a rule which tion to instruct be considered as read the years and understands this process, could limit the amendment process for and printed in the RECORD. that the body who chairs the the con- floor consideration of H.R. 5682, the The SPEAKER pro tempore. Is there ference makes those decisions. United States and India Nuclear Co- objection to the request of the gen- Mr. HOYER. Reclaiming my time, operation Promotion Act of 2006. tleman from California? one option, of course, is the Republican Any Member wishing to offer an There was no objection. Members from the House of Represent- amendment should submit 55 copies of The SPEAKER pro tempore. Pursu- atives that are participating in these the amendment and one copy of a brief ant to clause 7 of rule XXII, the gen- meetings indicate to our Senate col- explanation of the amendment to the tleman from California (Mr. GEORGE leagues that they are not prepared to Rules Committee in room H–312 of the MILLER) and the gentleman from Min- proceed unless there are Members of Capitol by 10 a.m. on Tuesday, July 25. nesota (Mr. KLINE) each will control 30 the minority party present in those Members should draft their amend- minutes. meetings to discuss issues of critical ments to the bill as ordered reported The Chair recognizes the gentleman importance to literally millions of peo- by the Committee on International Re- from California. ple in this country. lations, which was ordered reported on Mr. BOEHNER. If the gentleman June 27, 2006, and is expected to be filed Mr. GEORGE MILLER of California. would yield, I will be happy to make tomorrow, Friday, July 21. Mr. Speaker, I yield myself 5 minutes. that suggestion to Mr. MCKEON and Mr. Members should use the Office of Mr. Speaker, as we just heard in the THOMAS. Legislative Counsel to ensure that colloquy between the majority leader Mr. HOYER. I thank the gentleman. their amendments are drafted in the and the minority whip, there is expec- f most appropriate format and should tation that a conference committee check with the Office of the Parliamen- may conclude on the pension reform AUTHORIZING THE SPEAKER TO bill, and that is why I rise today be- DECLARE A RECESS ON WEDNES- tarian to be certain their amendments comply with the rules of the House. cause that bill may, in fact, be coming DAY, JULY 26, 2006, FOR THE to the floor of the House of Representa- f PURPOSE OF RECEIVING IN tives and to the Senate within the next JOINT MEETING HIS EXCEL- PERMISSION FOR COMMITTEE ON week. LENCY NOURI AL-MALIKI, PRIME INTERNATIONAL RELATIONS TO MINISTER OF THE REPUBLIC OF HAVE UNTIL MIDNIGHT, JULY 21, b 1515 IRAQ 2006, TO FILE REPORT ON H.R. Mr. BOEHNER. Mr. Speaker, I ask 5682, UNITED STATES AND INDIA I rise to urge my colleagues to vote unanimous consent that it may in NUCLEAR COOPERATION PRO- again to send a message to the con- order at any time on Wednesday, July MOTION ACT OF 2006 ferees that they should not conclude this report until they provide for the 26, 2006, for the Speaker to declare a re- Mr. BOOZMAN. Mr. Speaker, I ask protection of older workers who are cess, subject to the call of the Chair, unanimous consent the Committee on facing the conversions to cash balance for the purpose of receiving in joint International Relations may have until plans. That means older workers who meeting His Excellency Nouri Al- midnight, July 21 to file a report on the companies are now putting on no- Maliki, Prime Minister of the Republic H.R. 5682, the United States and India tice that they will change their bene- of Iraq. Nuclear Cooperation Promotion Act of fits, they will no longer realize what The SPEAKER pro tempore (Mr. 2006. TERRY). Is there objection to the re- The SPEAKER pro tempore. Is there they had long anticipated, the benefits quest of the gentleman from Ohio? objection to the request of the gen- of a defined benefit plan, that they will There was no objection. tleman from Arkansas? now get a substitute plan for their cur- f There was no objection. rent pension plan, what is called a cash balance plan. ADJOURNMENT TO MONDAY, JULY f Despite overwhelming votes in sup- 24, 2006 MOTION TO INSTRUCT CONFEREES port of protecting older workers’ pen- Mr. BOEHNER. Mr. Speaker, I ask ON H.R. 2830, PENSION PROTEC- sions in the House and in the Senate, unanimous consent that when the TION ACT OF 2005 the Republican leadership plans to House adjourns today, it adjourn to Mr. GEORGE MILLER of California. thumb its nose at older workers and meet at 12:30 p.m. on Monday next for Mr. Speaker, I offer a motion to in- exclude the vital transition protection. morning hour debate. struct. That means that many workers will The SPEAKER pro tempore. Is there The SPEAKER pro tempore. The lose hundreds of dollars a month in ex- objection to the request of the gen- Clerk will report the motion. pected retirement benefits. Many of tleman from Ohio? The Clerk read as follows: these workers will be in excess of 50 There was no objection. Mr. George Miller of California moves that years of age, and it is highly unlikely f the managers on the part of the House at the they will be able to recover the loss of DISPENSING WITH CALENDAR conference on the disagreeing votes of the their retirement benefits, retirement WEDNESDAY BUSINESS ON two Houses on the Senate amendment to the benefits they have been counting on for WEDNESDAY NEXT bill H.R. 2830 be instructed— many years, retirement benefits they (1) to agree to the provisions contained in Mr. BOEHNER. Mr. Speaker, I ask have been counting on in exchange for subsections (a) through (d) of section 601 of their labor, that they signed a contract unanimous consent that the business the Senate amendment (relating to prospec- in order under the Calendar Wednesday tive application of age discrimination, con- in exchange for their labor with their rule be dispensed with on Wednesday version, and present value assumption rules employers; and today, the Congress is next. with respect to cash balance and other hy- getting ready to tell them we are The SPEAKER pro tempore. Is there brid defined benefit plans) and not to agree sorry, we are not going to make the objection to the request of the gen- with the provisions contained in title VII of employers live up to their agreements, the bill as passed the House (relating to ben- and we are not even going to provide a tleman from Ohio? efit accrual standards); and There was no objection. transition to you to soften the eco- (2) to agree to the provisions contained in nomic blow. f section 413 of the Senate amendment (relat- ing to computation of guaranteed benefits of If this is permitted to happen, it is AMENDMENT PROCESS FOR CON- airline pilots required to separate from serv- shameful and it is an abuse of power by SIDERATION OF H.R. 5682, ice prior to attaining age 65), but only with the Republican leadership, arrogantly UNITED STATES AND INDIA NU- respect to plan terminations occurring on or defying the clear wishes of Members of CLEAR COOPERATION PRO- after September 11, 2001. both the House and the Senate on be- MOTION ACT OF 2006 Mr. GEORGE MILLER of California half of very special interests that do Mr. COLE of Oklahoma. Mr. Speaker, (during the reading). Mr. Speaker, I not happen to be the workers of this the Committee on Rules may meet the ask unanimous consent that the mo- country.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5533 The conference language draft by the CSX. It is what he voted to do at $2.5 billion over the next 10 years. That Republican conferees is a pension Tro- Verizon. This is the decent thing to do additional debt would be borne by all jan horse and allows companies to le- for workers. The benefits to the compa- the other companies that sponsor and gally renege on their promises to work- nies are immense, even if they protect fund defined benefit pension plans. ers who played by the rules, who were these older workers in this situation. Again, this is neither reasonable nor told that they could accrue benefits to Mr. Speaker, I reserve the balance of responsible. retire, especially those who spent dec- my time. Mr. Speaker, our ultimate goal is to ades at the company. Mr. KLINE. Mr. Speaker, I yield my- ensure our defined benefit system re- Here is what AARP CEO William self such time as I may consume. mains viable for generations to come. Novelli says about this backroom Re- Mr. Speaker, I rise in opposition to This motion to instruct would under- publican deal for older workers. this motion to instruct for two rea- mine that effort. It is as simple as ‘‘AARP is deeply troubled that mem- sons, because of process and because of that. I urge my colleagues to vote ‘‘no’’ bers of the pension conference com- substance. on the motion to instruct and reject mittee may be considering adopting First, on process. As the pension con- this attempt to obscure progress on language from the House bill that ference draws to a close, the matter be- pension reform. would severely undercut pension pro- fore us today is little more than a last Mr. Speaker, I reserve the balance of tections against age discrimination desperate attempt by some to distract my time. Mr. GEORGE MILLER of California. currently provided older workers under from the fact that we are on the verge Mr. Speaker, I yield 3 minutes to the the Age Discrimination in Employment of the most fundamental reforms to the gentleman from New Jersey (Mr. AN- Act. We cannot support legislation private pension system in a generation. In fact, this is more of a motion to ob- DREWS). that would undermine the age discrimi- (Mr. ANDREWS asked and was given struct than it is a motion to instruct. nation laws and permit the reduction permission to revise and extend his re- This kind of obstruction shouldn’t of pension benefits for older workers, marks.) thus discouraging older workers from surprise us, however. It has been going Mr. ANDREWS. Mr. Speaker, I rise in continuing to participate in the work- on for quite awhile. Let’s not forget support of the motion to instruct; and force. Our members, and older workers that those offering this motion were I hear my friend’s comments about in general, care a great deal about the same Members who could not even process and responsibility. This has these issues, and we will be informing bring themselves to vote ‘‘yes’’ or ‘‘no’’ been the most irresponsible pension them of the outcome of this action.’’ on the House pension bill when it was conference process one could imagine. The Senate passed its pension bill being considered by the House Edu- Mr. Speaker, I was sent here, as were with these protections 97–2. And the cation and Workforce Committee last my colleagues, duly elected by my con- House voted on these measures over- summer. Rather, they voted ‘‘present,’’ stituents to speak for them. I was ap- whelmingly in a motion to instruct acknowledging that they were, in fact, pointed by the leadership of my party earlier. in the room. to participate in this conference to It also not only cuts cash balance, While they attempted to politicize speak for all of our constituents. There but it cuts the protections to the pi- this issue, did they ever offer a com- have been many meetings; we have lots. Pilots who are required under prehensive pension reform plan of their been invited to none. There have been Federal law to retire at age 60 now own? No. They just stood on the side- many discussions; we have participated take a double hit with their pensions lines trying to obstruct our progress, in none. going into the PBGC. Because they re- just like they are today. So if you want to talk about a re- tired early, not that they wanted to re- I also oppose this motion because of sponsible process, let’s talk about one tire, they are required under Federal its substance. This pension reform de- where every person duly elected to rep- law to retire early, but because they bate is and always has been about the resent his or her constituents has a retired early, they take an additional massive underfunding in worker pen- chance to do so. This process is a trav- hit on their pension, and this affects sions, about the need to change the esty. many, many airline pilots and is an un- status quo. This obstructionist motion Now, on to the substance. The words ‘‘cash balance plans’’ are a fair treatment to these individuals. to instruct does just the opposite: It es- Again, the House and the Senate sentially preserves the status quo and little hard to understand. They are the- have voted twice to protect older work- even makes the situation worse. oretical, they are abstract; but they are very easy to understand if you are ers in cash balance conversions. The First, on hybrid plans. This motion 50 years old and you have been working House voted twice to protect airline pi- to instruct essentially codifies benefit somewhere for 25 years and you are lots from unfair pension cuts at the expectations in hybrid plans, tying the planning your retirement assuming PBGC. hands of those who voluntarily offer you are going to get a certain amount This motion to instruct is about fun- them. To require a guarantee of min- every month in the mail as a check damental fairness to older workers, imum benefits before participants have that you have earned. actually earned them sets a very bad specifically for those older workers And then, one, the HR department suddenly faced with cash balance con- precedent. Let’s not forget that hybrid comes in and says we have changed our versions and for those airline pilots plans are the sole bright spot in the de- mind. Instead of getting a check for a faced with federally mandated early re- fined benefit world. If not for these certain amount every month that you tirement. plans, the defined benefit system would have earned, we are going to give you During the 1990s, hundreds of large be withering on the vine. To place re- a lump sum instead, and assume that employers switched to these cash bal- strictions on a system that actually when you invest it, you will get about ance plans, including IBM, CSX, provides more generous benefits for the the same amount. Verizon, and the Federal Government. majority workers than do traditional Mr. MILLER’s motion says two things: When we changed our pension plan plans would be neither reasonable nor It says that the version of this idea back in the 1990s, we did this. Motor- responsible. that passed the Senate 97–2 should be ola, Dow Chemical, Federal Express, And on the airline pilots provision, the version that applies; that maybe Wells Fargo Bank and Honeywell, they again, this would make matters worse we should give some workers the all made the decision to provide a tran- for the pension system and the Amer- chance to choose whether to go into sition and a protection for older work- ican taxpayer. The motion to instruct this system or not, to put more power ers, realizing that those older workers would actually increase the deficit of into the hands of the worker and the had an expectation of retirement ben- the PBGC even though this pension re- retiree to choose what happens to efit. That was not going to happen, but form process is designed to save the them, rather than have the employer they would provide them some protec- agency from insolvency and taxpayers make that decision. That sounds rea- tion so they didn’t take the full brunt footing the bill for a massive bailout. sonable to me. of those changes. It is estimated that if this provision And the second thing that Mr. MIL- It is the decent thing to do. It is what were applied, the cost to the PBGC for LER does is to say let’s take the as- Secretary Snow did when he was at all pilots’ plans would probably exceed sumptions that are most protective to

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5534 CONGRESSIONAL RECORD — HOUSE July 20, 2006 the retiree. Let’s err on the side of giv- We also need to draft rules that pro- Mr. SANDERS. Mr. Speaker, I rise ing the retiree too much, not too little. tect older workers because they can be today in strong support of the Miller I don’t think that is too much to ask. vulnerable during such conversions. motion to instruct, and I commend the I think the House should join with 97 But we must also address the issue of gentleman from California for his lead- Senators from both parties and adopt providing retroactive legal certainty to ership on this issue. the version of this idea that is in the 1,100 employers whose cash balance and Mr. Speaker, the middle class in Senate bill. Vote ‘‘yes’’ on Mr. MIL- hybrid pension plans are unfairly America today is under assault. Over LER’s motion to instruct. caught in limbo. the past 5 years, 5 million more Ameri- Mr. KLINE. Mr. Speaker, I reserve Addressing retroactivity is impor- cans have slipped into poverty, 6 mil- the balance of my time. tant to the retirement security of lion have lost their health insurance, Mr. GEORGE MILLER of California. thousands of American workers that and nearly 3 million manufacturing Mr. Speaker, I yield 3 minutes to the gain from these hybrid pensions which workers have lost their jobs. The Re- gentlewoman from California (Ms. are defined benefit plans. It has been publican leadership has refused to in- WOOLSEY). for 7 years that employers of sponsored crease the minimum wage, $5.15 an Ms. WOOLSEY. Mr. Speaker, I want cash balance and other hybrid plans hour, which hasn’t been raised in near- to thank Mr. MILLER for this motion to have been caught in a web of legal un- ly a decade, and is now at a 50-year low instruct the pension conferees because certainty. in terms of purchasing power. a defined pension plan is a promise. It b 1530 And adding insult to injury, it is ex- is a promise that workers count on pected that next week we will be vot- when they come to the end of their em- Beginning in 1999, the Internal Rev- ing on a conference report that will ployment. It is a promise that they enue Service felt it necessary to tem- allow large corporations to discrimi- plan their future around. porarily stop issuing determination nate against their older employees by Many workers have been promised letters for converted hybrid plans, and slashing their pensions up to half benefits at the end of their work serv- litigation through our court system through cash balance pension schemes. ice. In fact, many have accepted retire- has left the legality of all cash balance Mr. Speaker, this motion is our only ment benefits instead of pay increases. plans up in the air. attempt to say no. Age discriminatory Now remember that. Many people In my congressional district I have cash balance pension schemes are choose to forgive a pay increase and four major employers that offer pen- wrong. We must protect millions of em- get an increase in their pension in- sion benefits to their employees ployees who have seen their pensions stead. through either a cash balance or other Now, unless we have reform that al- slashed by as much as 50 percent hybrid pension plan. Some of these through age-discriminatory cash bal- lows companies to convert to cash bal- plans were acquired through merger ance programs, programs that don’t ance pension schemes. That is what and acquisition, while some were this motion is all about. consider the older worker, a worker adopted through conversion. who has planned for years and years Mr. Speaker, pension anxiety is These employers treated their em- sweeping the country. Millions of how they are going to live the rest of ployees fairly, giving them the choice their lives in dignity, we have broken a American workers who have worked at as to whether or not to convert their a company for 20 or 30 years, where great promise to these wonderful work- plans and ensuring that workers’ bene- ers. promises have been made to them in fits were not diluted. And these four terms of what their retirement would Not protecting their retirement employers are not alone. There are a would result in many, many times re- be, are now waking up to the fact that lot of good actors out there. those promises are being reneged upon. ducing their benefits by at least half. According to a recent AARP-funded Unfortunately, over the past two dec- Imagine trying to live, through no study, 23 of the 25 largest cash balance ades, large corporation after large cor- fault of your own, on half of what you plans, in other words, 92 percent, pro- poration have been breaking the retire- had planned on. We would not expect vided transition protections for their ment promises they made to their em- people to live on half of the amount of older employees when converting from ployees, and that is wrong. Some com- food or half the amount of medicine defined traditional plans to cash bal- panies are declaring bankruptcy so they would need; how can we expect ance plans. that they can break their retirement them to live on half of a pension? Nonetheless, four employers in my commitments. Other companies are These pension benefits have been district, as well as 1,100 others, are freezing pension plans in order to slash earned. They must be honored. Mr. caught in a web of legal uncertainty. the retirement benefits of older work- Speaker, these workers were promised And we are in an era where companies ers. defined retirement benefits. They have are eliminating pension plans, includ- And over 300 companies throughout earned those benefits. The Congress ing hybrid plans. cannot allow companies to go back on Failing to fix this problem will only this country have slashed the pensions their word. We, as a Congress, must perpetuate that trend. A cash balance of their employees through cash bal- support them. We must ensure these plan is a defined benefit plan, and it is ance pension schemes, sometimes up to hardworking Americans that they will the future of our defined benefit sys- 50 percent. Congress must tell corporate Amer- get the pension benefits they have been tem. promised so they can plan, they don’t It is not correct that others have not ica in no uncertain terms that when have to look over their shoulders or go offered alternatives. I specifically in- they make a promise to workers about live with their kids or have half of troduced H.R. 4274 to address this spe- their pensions, they must keep that their medications. cific issue. promise. Mr. Speaker, I urge my colleagues to I ask all of my colleagues to pay at- Mr. Speaker, last December, the support the Miller motion to instruct. tention to the issue. Cash balance House passed a so-called pension re- Mr. KLINE. Mr. Speaker, I reserve plans are the future plans. They are form bill that was hundreds of pages the balance of my time. portable. It is a way a worker can go long. Included in that bill was an ob- Mr. GEORGE MILLER of California. from one place to another. scure provision to legalize age dis- Mr. Speaker, I yield 3 minutes to the We need to protect older workers, crimination in cash balance plans pro- gentlewoman from Ohio (Mrs. JONES). and we need to make sure that this mo- spectively. No floor amendments were Mrs. JONES of Ohio. Mr. Speaker, I tion to instruct is passed. allowed to strike this provision or offer thank my colleague for his leadership I thank Mr. MILLER for his leadership any alternatives to it. Members were on this motion to instruct. on this issue. forced to vote up or down on the entire I agree we need to protect the pen- Mr. KLINE. Mr. Speaker, I continue bill. sion benefits of airline pilots, as well to reserve. But the Senate did the right thing. In as ensure that when an employer con- Mr. GEORGE MILLER of California. its bill, they provided important pro- verts from a traditional defined benefit Mr. Speaker, I yield 9 minutes to the tections for older workers who would plan to a cash balance plan, that their gentleman from Vermont (Mr. SAND- be negatively impacted by cash balance workers receive their full benefits. ERS). schemes.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5535 The Senate language is supported by Congress, it is not a good idea for mil- Mr. GEORGE MILLER of California. the AARP, the AFL–CIO, the National lions of American workers. Let’s sup- The idea, again, the suggestion is Committee to Preserve Social Security port the Miller motion and stand for somehow, when the Senate passed this, and Medicare, the National Legislative the rights of millions of American 97–3, and when we voted overwhelm- Retirees Network, and the Pension workers today. ingly in a motion to instruct to do Rights Center. Mr. GEORGE MILLER of California. this, that somehow you are trying to Today, just like we did in April, we Will the gentleman yield? reserve the status quo. The fact is that have an opportunity to do the right Mr. SANDERS. I would yield. CSX, a very successful railroad com- thing for American workers. We can Mr. GEORGE MILLER of California. pany, Verizon Telecom, the Federal and should instruct the conference I just want to again thank him for the Government, Motorola, Dow Chemical, committee to adopt the Senate lan- point that this pension bill cannot be Federal Express, Wells Fargo, these are guage on cash balance plans. considered in a vacuum. The very same not slacking companies. These are Mr. Speaker, there are some who sup- people who are going to be punished as leaders in their industry. They all real- port cash balance schemes. They argue a result of companies that convert to ized billions of dollars in savings. They that these plans benefit employees. cash balance that will not provide this also took care of their older workers. Well, a couple of years ago I asked kind of protection, they can do it vol- And that is what we are asking that the Congressional Research Service a untarily, but they will not, and many this conference committee do. simple question: What would happen to of them won’t, and the gentleman has You do not have to throw these older Members of Congress if their pensions struggled with companies who thought workers onto the wood pile. They can were converted to a cash balance that they didn’t have to. be protected. The company can realize scheme? If it is so good for millions of These are the same people that are billions of dollars over the life of the American workers, clearly it must be getting their retirement health care pension plans in savings that they can good for the Members of Congress. benefits cut back, that are having trou- reinvest in their company, and they Well, shock of all shocks. Our Repub- ble with or are going to have trouble can change their pension plans. We just lican friends decided not to debate that with paying for prescription drugs. ask that you don’t decimate older issue on the floor of the House. And un- Today, people are continuing to work workers. less I am mistaken, they still do not and people say to people, you know, I yield to the gentleman. want to convert Members’ pensions to just save more money. Mr. SANDERS. What was the vote in cash balance schemes, for good reason. Well, as we know, most people, the the Senate on this issue? Because if they did it, every Member average American working person has Mr. GEORGE MILLER of California. would see a huge reduction in the pen- a great deal of difficulty saving. And to The vote was 97–3. sions that they are looking forward to. now tell them to save, if you are 50 Mr. SANDERS. So overwhelmingly a Mr. GEORGE MILLER of California. years old, according to the GAO, you bipartisan vote. Let’s stand with the Will the gentleman yield? will lose about $238 a month. If you are Senate. Let’s protect American work- Mr. SANDERS. I would be happy to 40 years old, you will lose about $188 a ers. yield. month. If you are 50 years old, this has Mr. GEORGE MILLER of California. Mr. GEORGE MILLER of California. to be net savings that you are going to It was 97–2. I think that is an important point. have to try to save. You’d have to save, Mr. Speaker, I reserve the balance of When the Federal Government made before your retirement, a net $40,000, my time. the decision to change to the TSP sys- outside of your rent, outside of your Mr. KLINE. Mr. Speaker, I find it ab- tem, which is turning out to be a very house payment, outside of your kids, solutely fascinating to listen to the successful system, we provided this outside of everything else, if you could speakers, one extolling the virtues of kind of transition. What the conference get 5 percent return on your money. cash balance plans, and the other con- committee is about to impose on the Where does the American family go demning them. American working public no Member of to get that kind of money that Con- I believe that the gentleman from Congress would impose on themselves. gress is about to take away from them? California has the right to close, so at They would be asking for some kind of Where do they go? this time I would like to yield the bal- transition, some kind of hold-harmless Most families, both people are work- ance of our time to the chairman of the so that people would be protected who ing. And if you are 50 years old, it is Education and Workforce Committee, are older, who have more years into highly unlikely that you are going to the gentleman from California (Mr. the system, because they don’t have go out and find a job that is going to MCKEON). the ability to gather other income. replace this loss of savings. Mr. MCKEON. Mr. Speaker, I thank And I think the gentleman makes a So when people say, well, we can’t the gentleman for yielding and thank very important point that, once again, guarantee the expectations of these him for running this debate for us. life is different inside of the Beltway workers. No, what we are guaranteeing It is interesting. You know, I don’t than it is outside of the Beltway. And is a contract that this worker made know what thrill there is in coming to the people outside of the Beltway have with the company and the company the floor and trying to scare people a lot less ability to try to make up for made with the worker. We understand that the Federal Government is trying that lost savings to manage their re- the benefits and the changes for young- to take away their pensions and trying tirement. er workers, and this isn’t about being to destroy their lives. I thank the gentleman for making against cash balance plans. It is about We have been working hard to try to the point. I continue to yield. fairness. finish up this pension conference. It is Mr. SANDERS. Let me just pick up I yield to the gentleman. a very complicated, very complex and agree with the gentleman. Mr. SANDERS. Let me reiterate the issue. It hasn’t been done at this level The CRS did a study on this issue: point Ms. WOOLSEY made a few mo- by the Congress for decades. And we What would happen to congressional ments ago. We have people who have are working hard on this. pensions if we went the direction of worked for a company for 20 or 30 And this week we have made tremen- cash balance? Well, among other years. During their careers, in many dous progress. The fact is that what we things, the Speaker of the House would instances, they had offers to move else- have done this week, we are very, very not be too happy about this. His pen- where, but they said, no, I am going to close, and we should be able to wrap sion went down by 70 percent. stay here because I have a good retire- this up next week. And that is what we So, today, I would ask the opponents ment plan. And suddenly, for no fault should be spending our time on, trying of the Miller motion this question: If of their own, that retirement plan is to finalize this bill, trying to get the cash balance plans are so good for being pulled out from underneath help that is needed for these people and American workers, why don’t we go them. They had dreamed of what their their pensions. first and adopt them here? retirement would be. It is no longer. A few years ago, we had over 100,000 Well, obviously, that is not going to And they are 50 years of age. They are defined benefit plans. We are down now happen. If it is not good for Members of 52 years of age. Where do they go? to about 30,000. And the whole purpose

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5536 CONGRESSIONAL RECORD — HOUSE July 20, 2006 of this bill is to protect the American terms of the retirement health care Don’t shake your head. It is right people, to protect the worker. benefits, their retirement benefits, here. You guys had this information Promises have been made. Promises where do they go? for months. We just had to get it under should be kept. And so the fine line We know what the savings rate is. We a FOIA agreement under your wonder- that we have been working on through- keep telling America to save more. ful bipartisan arrangements. out this conference is to be able to And the fact of the matter is most So there is a lot to be concerned strengthen the law that is currently in American families at the end of the about with this pension plan. It is place, keep companies from going month have very little left to save. It going to have a lot of bells and whis- bankrupt, and keep companies from is simply not there. Can Congress be tles, a lot of tax breaks. It is going to dropping their defined benefit plans. that insensitive to how most of Amer- have more things than a monkey going That is the goal; that is where we are. ica lives? Most of America is to the circus. And a lot of people are We are, you know, if this were a mar- bombarded with advice from Money going to vote for it. But what it is not athon, we are down to the last few Magazine, from CNN, from Lou Dobbs, going to have, it is not going to have yards; and hopefully we will bring this from all these people about how to save protection for older workers. And to the floor next week for a final vote. for your retirement. And they try. Members of Congress ought to under- And that is what we should be spending Some could do better. But for many stand that when those older workers our time on, instead of this political families they are doing the best they start to come to you, as their pension charade. can. But one of the bedrocks for many plans are dramatically changed by I would encourage my colleagues to people in their fifties is knowing that companies with no obligation to pro- vote against this motion to instruct. they have a retirement plan that they tect workers 50 and over, they are Mr. GEORGE MILLER of California. thought they could count on. But the going to want to know where you were, Let me inquire how much time I have fact of the matter is when they pick up and this is a vote which will tell them left. and read the business section of the where you stand on this. And, hope- The SPEAKER pro tempore. The gen- newspaper, they read the headlines of fully, you will influence the pension the newspaper, they see that some of tleman has 81⁄2 minutes left. conference, because this can be done. Mr. GEORGE MILLER of California. the biggest, most reliable corporations As we said, the Senate, after long de- Mr. Speaker and Members of the in the country are changing their pen- liberations on the pension bill, they House, I would hope that when this sion plans. United Airlines just went voted 97–2 to do it the right way. vote comes on Monday, that the House into bankruptcy. Without any showing So I would hope that people would would, once again, reaffirm its obliga- of desperate need, they just got rid of support this motion to instruct. I tion and its commitment to older the plan for their employees. Talk to would hope they understand what this workers in this country. those fight attendants when you fly truly means to working people in this This is a defining moment for these home tonight or you fly home tomor- country and to their families and to workers. This is a defining moment row. Talk to those pilots and realize their retirement. the extent to which their retirements It is a devastating picture when you about what kind of retirement many have been devastated, absolutely dev- meet your constituents who have lost workers in this country who have been astated. But it has happened to people their retirement, who have lost big working for 20 or 30 years in a com- in all of the industries around the chunks of their retirement, and they pany, what kind of retirement they country. come up and they talk to you at the will have. And all that we are saying is follow shopping center, they talk to you at b 1545 the model by companies that have done the grocery store, they talk to you at Will they have the retirement that it the right way, companies like a town hall, and they tell you what it was promised to them and that they Verizon, companies like Federal Ex- means to their plans. have expected and that they have built press, companies like Wells Fargo We were all stunned as a nation when their financial planning around, that Bank, Honeywell. There is a way you pensioners got their plans wiped out they have built the decisions today can do this and you can realize billions and devastated by Enron. We called about tomorrow around their families, of dollars of savings, which are nec- those people criminals. Here we call their children, and others? That is real- essary. These plans are going to be them legislators, because people are ly what this is about. changed, but they ought to be changed going to get a devastating hit on their The gentleman is quite correct. They in a way that protects the older work- pensions and we are going to say it is are quite close. They have been work- ers. the law. There we said it was a crime. That is why the AARP, the American ing very hard. It has been a one-party We said it was a crime. Association of Retired People, is so bill, but they have been working very Mr. MCKEON. Will the gentleman dead set against this provision. It rec- hard, the Members of the House in this yield? ognizes the impact this is going to Mr. GEORGE MILLER of California. conference committee, and they are have on future retirees. It recognizes You have plenty of time on your side. very close. They are just also very the impact it is going to have on cur- You say it is a crime. wrong. They are very wrong in how rent workers and on their ability to Mr. MCKEON. But I hadn’t been they treat the older workers of this plan for their retirement. called a criminal. country because, as we see from the They want to act like this is a care- Mr. GEORGE MILLER of California. GAO report, under the GAO report, fully crafted pension plan and anybody What are you doing to people? What under the plan that the Republicans who wants to suggest another alter- are you doing to people? want to bring to the floor, if the con- native is only for the status quo and You have controlled the conference. version plan is done the way it is al- does not care about pensions. You control the White House. You con- lowed under the conference report, The Senate voted 97–2 to treat these trol the House. You control the Senate. which will be Federal law, the average older workers right. It is the Repub- Control your time. 50-year-old worker will lose about $238 lican leadership that has stepped in The fact of the matter is this is the in income each and every month of and twisted that away. We didn’t get a same thing. We are making a conscious their retirement plan. chance to vote on that in the House. decision, a conscious decision, to rip The question that most Members of When I finally did get a vote after the away these pension benefits from these Congress will not ask is, Where does bill passed, the House voted over- workers. And the most devastating that worker, where does that family, whelmingly to protect older workers. thing about this decision is it is not go to make up that income? Where do Another class of workers who are at necessary. You can have massive pen- you go to earn the 40, the 60, the $80,000 risk in this pension plan are the tax- sion reform to the benefit of the em- you have to have over your retirement payers. We now see that PBGC is tell- ployees, to the benefit of the employ- life to get that yield back? Most people ing us that current law is a better deal ers, to the benefit of the shareholders, cannot accumulate that kind of money for the taxpayers than the plan they without devastating the older workers. in a 5- or 10-year period of time. So are coming up with to the tune of So why don’t we do it right? Why these workers who are under assault in about $2 billion over the next decade. don’t we do it in a humane way? Why

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5537 don’t we do it right, recognizing the tleman from California (Mr. GEORGE again until our troops come home. situation that America’s older workers MILLER) is recognized for 5 minutes. Every day that the occupation con- find themselves in, people 50, 55, 60 (Mr. GEORGE MILLER of California tinues will make it that much harder years old? What are they going to do? addressed the House. His remarks will for the United States to play a con- Take a second job for their retirement? appear hereafter in the Extensions of structive nonmilitary role in Iraq as a Maybe their spouse can go out and Remarks.) construction partner rather than a take a third job for their retirement? f military occupier. That is not the way we should treat American citizens. That is not the way THE OCCUPATION OF IRAQ AND b 1600 we should treat taxpayers. And that is CONTINUED VIOLENCE If you will recall, the architects of not the way we should treat hard- Ms. WOOLSEY. Mr. Speaker, I ask the earlier Iraqi war and the resulting working American families who simply unanimous consent to speak out of occupation did not just promise us de- do not have enough money to make up order. mocracy in Iraq. According to their for this kind of devastating cut in their The SPEAKER pro tempore. Without fairy tale, an invasion was going to retirement. objection, the gentlewoman from Cali- have this glorious ripple effect, spread- I urge my colleagues to vote for the fornia is recognized for 5 minutes. ing peace and freedom across the Mid- motion to instruct. It will be up some- There was no objection. dle East. These were Vice President time, I believe, Monday; and I would Ms. WOOLSEY. Mr. Speaker, today is CHENEY’s words in 2002. strongly encourage you to vote ‘‘aye’’ the 161st time that I have come to the Regime change in Iraq would bring on this motion to instruct. floor to deliver a 5-minute Special about a number of benefits to the re- Mr. Speaker, I yield back the balance Order about the United States occupa- gion. Extremists in the region would of my time. tion of Iraq. have to rethink their strategy of jihad. Mr. MCKEON. Mr. Speaker, I would Mr. Speaker, this effort would not like to ask that the gentleman’s words Moderates throughout the region have been possible, it would have been would take heart, and our ability to be taken down. totally impossible, without the excel- The SPEAKER pro tempore (Mr. advance the Israeli-Palestinian peace lent words and guidance and general TERRY). Could the gentleman describe process would be enhanced. assistance of a member of my staff, the words he is referring to? Of course, this week’s open hos- Eric Powers. Mr. MCKEON. I would like to know tilities between Israel and Lebanon for sure if he was calling us criminals. Mr. Speaker, Eric will be leaving my have proven that statement tragically Mr. GEORGE MILLER of California. office tomorrow, after 3 years of serv- wrong. The Iraq war hasn’t spread free- No. Well, read the words back. Maybe ice and 161 5-minute speeches, to at- dom anywhere. It has made all of us, we can clarify it. tend Washington University in St. Iraq, its neighbors, the United States The SPEAKER pro tempore. The Louis, law school, where he will have and the world, less safe. words complained of were spoken too the opportunity to further his work in There is no question, we have far back in the debate for the gentle- the international law department. Mr. reached a point of diminishing returns man’s request to be timely. Other de- Speaker, believe me, Eric Powers will in Iraq. In fact, the bloodbath in Bagh- bate has ensued. be missed and, believe me, Eric Powers dad has only gotten worse in the month Mr. MCKEON. Mr. Speaker, I ask is appreciated. since we moved more troops into the unanimous consent to reclaim my Mr. Speaker, Iraq is burning. It is be- capital as part of a security crackdown time. coming hard even to read the news ac- that we called Operation Forward To- The SPEAKER pro tempore. Is there counts. The last few days have been gether. objection to the request of the gen- marked by two of the deadliest attacks You know how the definition of in- tleman from California? on civilians in months. sanity is doing the same thing over and Mr. GEORGE MILLER of California. A new U.N. report concludes that over and expecting different results? I object, Mr. Speaker. roughly 6,000 Iraqi civilians have been Well, last week, General Casey said The SPEAKER pro tempore. There is killed just in the last 2 months. Ran- that we might need still more troops to an objection to reclaiming the gen- dom violence, fear, and lawlessness are contain the violence in Baghdad. This tleman from California’s (Mr. MCKEON) ruling the day. People cannot leave is madness, Mr. Speaker. Our soldiers time. their homes. Vicious thugs and vigi- Without objection, the previous ques- were not trained for this. They are lantes control the streets where people largely powerless to control hostility tion is ordered on the motion to in- are pulled from cars, where they are struct. that is rooted in a religious conflict tortured and executed. that dates back centuries. It is time to There was no objection. Do not bother calling the police. The SPEAKER pro tempore. The bring them home They have been infiltrated by militias question is on the motion to instruct and are brutally corrupt themselves. f offered by the gentleman from Cali- One Sunni sheikh laughed as he said The SPEAKER pro tempore (Mr. fornia (Mr. GEORGE MILLER). this about the police to the New York CONAWAY). Under a previous order of The question was taken; and the the House, the gentleman from Florida Speaker pro tempore announced that Republic: ‘‘The good ones just take bribes . . . the bad ones rip off your (Mr. BILIRAKIS) is recognized for 5 min- the noes appeared to have it. utes. Mr. GEORGE MILLER of California. head.’’ (Mr. BILIRAKIS addressed the Mr. Speaker, on that I demand the yeas Monday’s New York Times cited an House. His remarks will appear here- and nays. Iraqi Army official who notes that in a The yeas and nays were ordered. recent attack some of the gunmen wore after in the Extensions of Remarks.) The SPEAKER pro tempore. Pursu- the uniform of the Iraqi Security f ant to clause 8 of rule XX, further pro- Forces. As he put it, ‘‘You cannot rec- ceedings on this question will be post- ognize your friend from your enemy.’’ HONORING THE EXTRAORDINARY poned. To those who insist that all hell will LIFE OF STAFF SERGEANT DUANE DREASKY f break loose if our troops leave, I say hell has already broken loose. How Mr. MCCOTTER. Mr. Speaker, I ask SPECIAL ORDERS much worse can it possibly get, and unanimous consent to address the The SPEAKER pro tempore. Under how many American lives must we en- House. the Speaker’s announced policy of Jan- danger for a civil war that we are vir- The SPEAKER pro tempore. Without uary 4, 2005, and under a previous order tually powerless to stop? objection, the gentleman from Michi- of the House, the following Members I am not saying that democracy will gan is recognized for 5 minutes. will be recognized for 5 minutes each be busting out all over once the last There was no objection. f American soldier takes her last step on Mr. MCCOTTER. Mr. Speaker, today The SPEAKER pro tempore. Under a Iraqi soil. But we cannot begin the I rise to honor the extraordinary life of previous order of the House, the gen- process of putting Iraq back together Staff Sergeant Duane Dreasky of Novi,

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5538 CONGRESSIONAL RECORD — HOUSE July 20, 2006 Michigan, and mourn his passing. Staff The SPEAKER pro tempore. Without our ethanol, our biodiesel producers, to Sergeant Dreasky proudly served in objection, the gentlewoman from Ohio guarantee their investment for 30 the 1st Battalion, 119th Field Artillery is recognized for 5 minutes. years, as we did when we set up rural Regiment, of the Army National Guard There was no objection. electric and rural telephone across this in Lansing, Michigan, and he devoted Ms. KAPTUR. Mr. Speaker, I wanted country, so that small farmers can his life to serving our country. to point out that last Friday, the New band together and have some sense As a student at Walled Lake Western York Times had an ad on the editorial that some big company like Exxon High School, he enjoyed studying mili- page, the title of which was ‘‘True En- isn’t going to come in and squash them tary history and playing football, but ergy Security,’’ and it says as a sub- if they try to put a gas pump in a town dreamed of serving his country as a headline, ‘‘Interdependence is the Sur- and then ExxonMobil, who is so much soldier. Despite being a versatile ath- est Means of Protecting Against En- bigger, can come in and put a gas pump lete who wrestled, ran track, sky dived ergy Shocks.’’ This ad was paid for by right next to them, cut the price in and taught martial arts, Staff Sergeant the largest energy company in the half, because there is no competition Dreasky suffered a knee injury, which world, ExxonMobil. by these oil cartels? threatened to prevent him from serving I called the New York Times to fig- We need this government to help the in the military. ure out how much money ExxonMobil American people transition to a new In March of 2000, Staff Sergeant had to pay for an ad in that newspaper energy age. So many farmers across Dreasky married his best friend, to tell us how wonderful it is that they this country can’t raise the security, Mandy, who served in the United are charging us such high prices and they can’t raise the investment dollars States Army. When Mandy was de- that America is truly dependent on im- in and of themselves. The hurdle is too ployed to Iraq in 2003, Staff Sergeant ported fuel. Believe it or not, that ad high. We need to have the kind of lead- Dreasky transported members of her cost $44,037. ership Franklin Roosevelt gave us unit to Wisconsin for training and I started to calculate if I gave several when we set up rural telephone and helped loved ones communicate with people in my district $20 gas coupons rural electric across this country and soldiers overseas. Finally, after writing based on the $44,037 that they spent have a new rural energy initiative that to elected officials about his desire to just on that ad in that one newspaper would help America just in that sector enlist, he was able to join the National to try to get into our minds and turn modernize quickly, in the area of hy- Guard in June of 2003. around in our heads what is actually drogen fuels, in the area of new types After basic training, Staff Sergeant happening and make us think they are of turbines. Dreasky served in Cuba before volun- doing us a favor, I could have over 2,000 My goodness, we invest so much tarily deploying to Iraq for Operation families in my district be able to save money in research across this govern- Iraqi Freedom. On November 21, 2005, money through those coupons. ment, that ought to be at the top of ev- an improvised explosive device deto- This company made so much money eryone’s priority list. Yet the Sec- nated near his military vehicle near last year, it blew the lid off Wall retary of Defense said before our com- Habbaniyah, Iraq. He sustained severe Street. They made the largest profits mittee, well, Congresswoman, energy injuries and was transported to the in the history of the New York stock independence isn’t my job. burn center at Brooke Army Medical market, billions and billions and bil- What a wrong answer that was. The Center in Fort Sam Houston, Texas, for lions of dollars. And are they lowering Department of Defense buys more pe- treatment. gas prices for our people? Never. They troleum and more imported fuel than Wrapped in medical bandages and un- are raising them. And then they are any other organization in this country, able to stand, he struggled to salute telling us we should feel good about it. public or private. The Department of President George W. Bush, who visited In fact, the ad says that the answer Defense ought to be leading America him in the hospital. With his father, to energy security is interdependence. I into energy independence again and Roger; mother, Cheryl; sister, Dawn; wonder how much they had to pay a unhook us from our dependence on oil and Mandy by his side, Staff Sergeant firm on Madison Avenue to invent that regimes Dreasky never lost his patriotism. word? Because our country was not For 8 months, Staff Sergeant founded on interdependence on oil re- f Dreasky fought courageously for his gimes. Our country was founded on The SPEAKER pro tempore. Under a life, but ultimately passed away on independence. Independence, not inter- previous order of the House, the gen- July 10, 2006. His legendary commit- dependence. tleman from North Carolina (Mr. ment to his family, community, and If you look at what is happening with JONES) is recognized for 5 minutes. country is a testament to his enduring our imports of petroleum, they now (Mr. JONES of North Carolina ad- and selfless love. Staff Sergeant consume the largest share of our trade dressed the House. His remarks will ap- Dreasky is remembered as an inspira- deficit with the world. Two-thirds to pear hereafter in the Extensions of Re- tion to the citizens of Michigan, a sol- three-quarters of the gasoline you buy marks.) dier of unyielding dedication and a comes from petroleum that was refined f hero. He will be sorely missed. from imports. That means your money, IS AMERICA BECOMING ANOTHER Mr. Speaker, during his 31 years, your hardearned money, is going some- ROME? Staff Sergeant Dreasky enriched the where, in the case of ExxonMobil we lives of everyone around him. Today, I are talking about Saudi Arabia. And if Mr. POE. Mr. Speaker, I ask unani- ask my colleagues to join me in mourn- we really look here at the last 20 years, mous consent to take the time of the ing his passing and honoring his con- every single year the amount of im- gentleman from North Carolina. tributions to our community and our ported petroleum has gone up, to the The SPEAKER pro tempore. Without country point where now, in 2006, it is about objection, the gentleman from Texas is f three-quarters. recognized for 5 minutes. The SPEAKER pro tempore. Under a America has lost her independence. There was no objection. previous order of the House, the gen- Independence. Mr. POE. Mr. Speaker, this Hall that tleman from Illinois (Mr. EMANUEL) is I am giving this Special Order to- we work in every day is lined with 23 recognized for 5 minutes. night because I want the American marble busts of great lawgivers that (Mr. EMANUEL addressed the House. people to think about what it will take influenced American law. We have His remarks will appear hereafter in to become independent again; what it Hammurabi, Gaius, Justinian, Napo- the Extensions of Remarks.) will take on the part of the leadership leon and, of course, Moses over here in f of the President of our country, this the very center. But one of those peo- Congress, to help move us to a new en- ple you won’t see up there is Caesar ENERGY INDEPENDENCE ergy age. Flavius Valens. Ms. KAPTUR. Mr. Speaker, I ask In rural America, we know there are Let me take you back 1,642 years, Mr. unanimous consent to claim Mr. EMAN- new biofuels on the horizon. Why isn’t Speaker, and let’s talk about a little UEL’s time. our government helping our butanol, bit of history. Caesar Valens controlled

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5539 the Roman Empire. The Roman Empire History speaks for itself, Mr. Speak- woman from New York (Mrs. MALONEY) at this time in the year 364 wasn’t just er. Failure to control illegal entry into is recognized for 5 minutes. Italy. It controlled all the area to the a country causes some problems, and (Mrs. MALONEY addressed the Balkans, the Mediterranean coastline, we are not talking about legal entry. House. Her remarks will appear here- including North Africa, France, and We are talking about illegal entry. And after in the Extensions of Remarks.) even Spain and part of what is now it encourages a state within a state. f England; and the Caesar of the Roman And when people come illegally to a The SPEAKER pro tempore. Under a Empire at this time was Flavius nation and refuse to take allegiance to previous order of the House, the gen- Valens. He controlled basically the that country, start sending money to tleman from Arizona (Mr. FRANKS) is eastern part of the empire. another nation and they don’t even recognized for 5 minutes. And while he is Caesar, the barbarian learn the language, is America asking (Mr. FRANKS of Arizona addressed nation of the Goths to his northeast for trouble? Is America becoming just the House. His remarks will appear started coming toward the Roman Em- another Rome? hereafter in the Extensions of Re- pire. The reason was because the Huns, Mr. Speaker, there are many reasons marks.) another barbarian group, had taken for the fall of Rome, but one of those over the Goths’ land and moved them reasons is simply the failure to control f toward the Roman Empire. So they mi- who came into their nation. I think the The SPEAKER pro tempore. Under a grated toward the Roman Empire, and analogy is obvious. previous order of the House, the gentle- at the time that this occurred, they And that’s just the way it is. woman from California (Ms. LEE) is came on the border. recognized for 5 minutes. They were led by a person that was f (Ms. LEE addressed the House. Her supposedly a friend of Rome, his name b 1615 remarks will appear hereafter in the was Fritigern, King of the Goths, and Extensions of Remarks.) The SPEAKER pro tempore (Mr. he asked permission to come into CONAWAY). Under a previous order of f Rome with some the Goths. The SPEAKER pro tempore. Under a Normally the Roman Government the House, the gentleman from North previous order of the House, the gen- would not allow this, to have a state Carolina (Mr. MCHENRY) is recognized tleman from Minnesota (Mr. GUT- within a state; but, you see, Valens for 5 minutes. KNECHT) is recognized for 5 minutes. needed more people to be in his army (Mr. MCHENRY addressed the House. (Mr. GUTKNECHT addressed the and he needed more workers in the Em- His remarks will appear hereafter in House. His remarks will appear here- pire of Rome. So he granted permission the Extensions of Remarks.) after in the Extensions of Remarks.) for some of the Goths to come in le- f gally. But when the crossing started, The SPEAKER pro tempore. Under a f the Roman Government didn’t have previous order of the House, the gen- The SPEAKER pro tempore. Under a enough border guards to control entry, tleman from Indiana (Mr. BURTON) is previous order of the House, the gen- and so massive waves of Goths came recognized for 5 minutes. tleman from Georgia (Mr. LEWIS) is into the Roman Empire. (Mr. BURTON of Indiana addressed recognized for 5 minutes. What started out as a controlled the House. His remarks will appear (Mr. LEWIS of Georgia addressed the entry mushroomed into a massive in- hereafter in the Extensions of Re- House. His remarks will appear here- flux. Several hundreds of thousands marks.) after in the Extensions of Remarks.) came across the Roman Empire. f But the Goths did not take the oath f The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a to support the emperor. They did not previous order of the House, the gen- assimilate. They did not become previous order of the House, the gen- tleman from Texas (Mr. BURGESS) is Roman. And a few years later, this tleman from Ohio (Mr. BROWN) is rec- recognized for 5 minutes. state within a state revolted and inter- ognized for 5 minutes. (Mr. BURGESS addressed the House. nal war started. (Mr. BROWN of Ohio addressed the It culminated at the Battle of House. His remarks will appear here- His remarks will appear hereafter in Adrianople. Most Americans don’t after in the Extensions of Remarks.) the Extensions of Remarks.) f know where that is, but that is a place f over in that area. It was the Waterloo The SPEAKER pro tempore. Under a REAL SECURITY PLAN FOR for Valens. And the Goths and other previous order of the House, the gen- AMERICA barbarian groups assembled and took tleman from Indiana (Mr. SOUDER) is to the field. Of course, one of the Goth The SPEAKER pro tempore. Under recognized for 5 minutes. the Speaker’s announced policy of Jan- leaders was a person by the name of (Mr. SOUDER addressed the House. Fritigern, this supposed friend of uary 4, 2005, the gentleman from Cali- His remarks will appear hereafter in fornia (Mr. SCHIFF) is recognized for 60 Rome. the Extensions of Remarks.) The battle ensued and the Goths, minutes as the designee of the minor- with their large confederation, engaged f ity leader. the Roman cavalry. The Roman cav- The SPEAKER pro tempore. Under a Mr. SCHIFF. Mr. Speaker, tonight alry left. The Roman infantry was an- previous order of the House, the gen- Representative VAN HOLLEN and I will nihilated. Over two-thirds of these tleman from Virginia (Mr. MORAN) is be discussing one of the core issues of thousands of legionnaires were mur- recognized for 5 minutes. national security, and that is energy dered, and Valens, of course was killed. (Mr. MORAN of Virginia addressed independence. I have a coin of Valens, it is about the House. His remarks will appear National security is the core function 1,600 years old. He is not on our wall. I hereafter in the Extensions of Re- of our government. For most of our just have this coin of him, and just his marks.) history as a Nation, bipartisanship head, because that was all that re- governed American national security f mained of him after the Goths executed policymaking. In the words of Senator The SPEAKER pro tempore. Under a him, cut his head off, put it on a stake Arthur Vandenberg, a Republican, previous order of the House, the gen- and marched around the Goth camp. ‘‘Politics must end at the water’s Rome negotiated with all Goths and tleman from New Jersey (Mr. PALLONE) edge.’’ allowed them permanent status on is recognized for 5 minutes. A succession of American Presidents Roman soil, and historians say this is (Mr. PALLONE addressed the House. from Woodrow Wilson to Harry Tru- one reason for the eventual fall of His remarks will appear hereafter in man to Dwight Eisenhower to Ronald Rome, to allow a state to come into the Extensions of Remarks.) Reagan guided this Nation through two their state and refuse to make them as- f world wars and the tense decades of the similate. And in 410, the Goths sacked The SPEAKER pro tempore. Under a Cold War. Their leadership was based the City of Rome. previous order of the House, the gentle- on asserting America’s power in a way

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5540 CONGRESSIONAL RECORD — HOUSE July 20, 2006 that advanced the ideals of our found- building a military for the 21st cen- ternative fuels and the development of ers, and which made America a beacon tury. To briefly summarize what we energy-efficient technology. Today Eu- to millions of people who were suf- discussed 2 weeks ago, here are the ele- ropean and Asian competitors are al- fering under fascism and communism. ments of that pillar: Rebuild a state-of- ready developing technologies that will Most importantly, these men knew the-art military; develop the world’s reduce fuel consumption and lower the the limits of any one Nation’s ability, best equipment and training, and main- emission of green house gases. and they saw the wisdom of marshaling tain that equipment and training; ac- Rather than American entrepreneurs, our strength with that of other free- curate intelligence and a strategy for it is our competitors who are pros- dom-loving people. They listened to success; a GI bill of Rights for the 21st pering from these developments. By the counsel of our allies and members century; and strengthening the Na- marshaling America’s great strengths, of both parties here at home. tional Guard. our innovativeness, our technological The current administration has too We next discussed a comprehensive prowess, our entrepreneurial spirit, we often believed that it has the answers plan to win the war on terror, which fo- can better secure our Nation, save our and does not need to pay attention to cused on a wide-ranging series of strat- environment, and become the world the ideas of others. This refusal to lis- egies to destroy the threat posed by Is- leader in this cutting-edge industry. ten to other voices and an excessively lamic radicalism. This involves de- In pursuing energy security, we must partisan and ideological approach has stroying al Qaeda and finishing the job use the Nation’s resources effectively. resulted in an America that is more in Afghanistan; doubling special forces The Real Security Plan directs the na- isolated than at any time in the post- and improving intelligence; elimi- tional investment to areas that mini- war era. nating terrorist breeding grounds; pre- mize economic risk while maximizing ventative diplomacy and new inter- Around the world, among nations the potential benefits. It also aligns in- national leadership; securing loose nu- that should be our strong allies, we are centives for American consumers with clear materials by 2010; stopping nu- less often seen as a force for good in the goals of our Nation. the world, and this has jeopardized the clear weapons development in Iran and North Korea. It makes transparent the true costs cooperation we must have to win the of energy and ensures that the easy war on terror. This has been most The job of securing our homeland re- mains unfinished. In the wake of 9/11, choice for Americans is also the right clearly seen in Iraq, where insistence choice for the Nation. Finally, it em- on invading the country without the there have been numerous commissions and investigations at the Federal, phasizes the importance of energy as a broad international coalition we as- national security issue. sembled in the Gulf War, and then our State and local level as well as a mul- To achieve this vision, the Real Secu- brushing aside offers of help from the titude of private studies. All of them, rity Plan offers fresh policy ideas. international community, have seri- all of them, have pointed to a broad These ideas are drawn from a broad ously undermined the war effort and systemic and other flaws in our home- range of stakeholders, academic ex- increased the burden that our troops land security program. Almost 2 years ago, the independent perts, government administrators, en- and our country must bear. ergy industry executives, environ- But Iraq is not the only challenge 9/11 Commission published its report, mentalists, and a vibrant grass-roots facing our Nation. The ongoing crisis but most of its recommendations have community. involving Israel, and Hamas and yet to be implemented. Our homeland Hezbollah terrorists, Iran’s standoff security plan requires the implementa- The Real Security Plan pushes the tion of all of the 9/11 Commission rec- with the international community over Federal bureaucracy to overcome its ommendations. It provides for the its nuclear program, and a similar business-as-usual approach and it en- screening of all containers and cargo. courages American entrepreneurs to faceoff with North Korea are all com- It safeguards our nuclear and chem- peting for the attention of American innovate. While many of the ideas are ical plants. It prohibits outsourcing of new, some have been around for years. policymakers. ports, airports and mass transit to for- In each of those crises, America’s For example, experts have for many eign interests. Trains and equips our ability to marshal international sup- years recommended updating the Cor- first responders and invests in public port and use the full range of our power porate Average Fuel Efficiency or health to safeguard Americans. CAFE standards. This year even the to effect a positive outcome has been In early June we discussed our plan undermined by the administration’s in- majority on the Government Reform for Iraq, a new course to make 2006 a Committee stated in a report that the effective stewardship of our national year of significant transition to full security. Democrats have developed a fuel economy standards have stagnated Iraqi sovereignty, with Iraqis assuming for years. comprehensive blueprint to better pro- primary responsibility for securing and tect America and to restore our Na- Unfortunately, while the President governing their country with a respon- has talked about the Nation’s addic- tion’s position of international leader- sible redeployment of U.S. forces. ship. tion to oil, he has failed to take the Democrats will insist that Iraqis make simple action of updating the CAFE Our plan, Real Security, was devised the political compromises necessary to with the assistance of a broad range of standards. The President may believe unite their country and defeat the in- that fuel efficiency standards are a experts, former military officers, re- surgency, promote regional diplomacy, burden on American manufacturers, or tired diplomats, law enforcement per- and strongly encourage allies and other a constraint on the American con- sonnel, homeland security experts and nations to play a constructive role. others, who helped identify key areas For the remainder of today’s hour, sumer, but, sadly, he has underesti- where current policies have failed and we will discuss the fifth pillar of Real mated American ingenuity and the where new ones were needed. Security: Stable, reliable, affordable willingness of Americas to sacrifice in In a series of six Special Orders, my sources of energy are crucial to the the war on terror. colleagues and I have been sharing U.S. economy and to the global econ- In contrast, in 1961 President Ken- with the American people our vision omy. nedy announced his vision for the Apol- for a more secure America. The plan To ensure such a supply, I believe de- lo project to put a man on the Moon in has five pillars, and each of our Special veloping cleaner sources of energy and one decade, by saying, ‘‘I believe that Order hours have been addressing each encouraging energy efficiency and con- this Nation should commit itself to of them in turn: Building a military for servation must be among the Nation’s achieving the goal before this decade is the 21st century, winning the war on top priorities. Members of both parties out. terrorism, securing our homeland, a in Congress and the administration ‘‘But I think every citizen of this way forward in Iraq, and achieving en- must work together toward a prag- country as well as the Members of Con- ergy independence for America, the matic and comprehensive strategy to gress should consider the matter care- subject of Ms. KAPTUR’s recent 5- secure American prosperity in the 21st fully in making their judgment, to minute speech. century. which we have given attention over During our first Special Order we dis- Democrats have long advocated in- many weeks and months, because it is cussed the first pillar of our plan, creased investment in the search for al- a very heavy burden. And there is no

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5541 sense in agreeing unless we are pre- that this administration had begun to What happened to the free market? pared to do the work and bear the bur- at least acknowledge that problem. What happened to the notion that here dens to make it successful. If we are The question is, having acknowl- we want to make sure that the market not, we should decide today and this edged the problem, whether we are se- works? In fact, we are taking money year. rious as a Nation about doing some- from our taxpayers to subsidize an in- ‘‘This decision demands,’’ he said, ‘‘a thing about it. Unfortunately, if you dustry that needs absolutely no sub- major national commitment of sci- look at the record to date from the sidy. They are making record profits. entific and technical manpower, mate- Bush administration, despite the rhet- In fact, the President announced that rial and facilities, and the possibility oric he gave at the time he addressed we have to break that addiction. If you of their diversion from other important the United States Congress, we have want to break an addiction, the first activities where they are already not seen the follow-through in terms of thing you need to do is acknowledge spread thin. a new plan. And we need a new direc- you got a problem. Then you got to do ‘‘It means a degree of dedication, or- tion in energy policy. something about it. ganization and discipline, which have For example, that night he talked Providing a greater subsidy or addi- not always characterized our research about the fact that we need to do more tional subsidies to the oil and gas in- and development efforts. It means we in the area of renewable energy, which dustry, when you have acknowledged, cannot afford undue work stoppages, we do; as you, Mr. SCHIFF, have said, as the President said, that we are ad- inflated cost of materials or talent, that many of us have been pushing for dicted to oil, does exactly the opposite. wasteful interagency rivalries or a high for many, many years. But I think we Mr. SCHIFF. This sounds a little bit turnover of key personnel.’’ all remember that it was not long after about the equivalent, if you are dealing You might recall, in speaking of the the President gave his State of the with someone with a substance abuse Apollo project, President Kennedy also Union address that he flew off to the addiction, to give them a subsidy to said, ‘‘We do this not because it is easy, National Renewable Energy Lab out in buy the contraband that is the subject but because it is hard.’’ Colorado, part of NOAA, and discovered of their addiction. Mr. VAN HOLLEN. Well, that is ex- This is the sort of leadership we need that in fact the budget that he was sub- actly right. Let us say you had an alco- today on energy, and the level of com- mitting the day after the State of the holic. The last thing you want to do to mitment that we must be prepared to Union address actually cut about 40 help that person kick the habit is to make, and we must ask of the Amer- employees who were working on renew- provide a subsidy, for example, to the ican people. Unfortunately, this Presi- able energy at that lab. alcohol industry to make more alcohol dent has not asked the American peo- And so the difference is really the at different prices. So we have got a ple to sacrifice in the face of war or in one between actually doing something real contradiction here between what the face of our tremendous challenges. about an issue or just talking about an we now acknowledge should be our na- I would now like to turn to my col- issue. tional priority, a national priority, and league, Representative VAN HOLLEN of b 1630 Maryland, who has been a very out- what we are actually doing about it. That is why I think it is very impor- spoken leader on national security, in Because when you submit a budget tant that we are here today to talk general, on energy independence, in the day after your State of the Union about a new direction, because I do be- particular. I yield to the gentleman address, in which you say that the country is addicted to oil, and we have lieve that if we want to really help from Maryland. break that addiction and reduce our re- Mr. VAN HOLLEN. Mr. Speaker, I got to do something about it, and you liance on oil, we need a large national thank my colleague, Mr. SCHIFF from submit a budget that cuts individuals’ effort. That is why many of us have California, for his leadership in bring- pay at one of the greatest national labs on that issue, in fact, the one that the joined together to introduce the new ing us together to discuss these very Apollo Energy Act, which says we need important national security issues. We President chose for his photo op on this issue, you know there is some kind of to harness the great potential of this are very pleased to be joined today by Nation, the grant entrepreneurial spir- miscommunication between the guys Congresswoman KAPTUR, as well, who it, and make sure that we commit our- who write the speeches and the guys is very well versed in the issue of en- selves to this real national effort, in that actually are putting the budget ergy security and energy policy. It is addition to the fact that we need to en- together which reflect the priorities of wonderful to have her with us on the courage, not just more renewable en- our Nation. floor today. ergy, but in the immediate short-term Clearly, the priority in that budget Mr. Speaker, I think America under- we can also encourage greater energy wasn’t to follow through in a new di- stands that energy security is a very efficiency. important part of our national secu- rection on energy policy. In fact, unfor- We waste an awful lot of energy as a rity. But if we are going to address en- tunately, what we have seen is the Nation through inefficient use of en- ergy security in a meaningful way same old, same old. We have an energy ergy. So the Federal Government has going forward, we need to do it in a policy bill that some people say will tried and gave us a push to try to en- new manner. We cannot just be doing help wean us off our dependence on oil, courage States and local jurisdictions, the same old thing. but a major feature of that bill is to the American people, to find ways to Now, I think many of us were pleased provide more taxpayer subsidies to the improve energy efficiency. But if you back in January when the President oil and gas industry. look at the President’s budget with re- delivered his State of the Union ad- Now, I have got to believe that the spect to energy efficiency efforts, you dress, and from the podium right be- American people are scratching their see dramatic reductions in the budget hind Mr. SCHIFF, he said to the Con- heads and saying, what’s wrong with that he submitted for that purpose. gress assembled and to the American this picture? I just went to fill up my In fact, Diane Shea, who is the execu- people that the United States was ad- car with gasoline. We have record tive director of the National Associa- dicted to oil. prices at the pump. The oil and gas in- tion of State Energy Officials, has said In fact, his exact words were: The dustry is making record profits, and that the assistance that the States re- United States is addicted to oil which yet you, the United States Congress, ceived from the Department of Energy is often imported from unstable parts under this Republican leadership, you is not going to be available this year as of the world. are taking some more of my taxpayer it was in the past. This year, the year I am pleased that the President fi- money and saying to the oil and gas in- after the President stood at this po- nally acknowledged that. That was dustry, gee, even though you are mak- dium right here in this Chamber and kind of the headline in the newspapers ing record profits and gas prices are said this is a national problem, we have the next day. through the roof, we are going to give got a national addiction, we have got The confusing thing, I thought, was you some of our constituents’ taxpayer to do something about it. that most of America already knew money as additional incentive for you Yet he reduced the efforts that we that we were overly reliant on oil, es- to go out and explore and drill for oil had put in place and were trying to de- pecially on foreign oil. But it was news and gas. velop to try to help people with energy

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5542 CONGRESSIONAL RECORD — HOUSE July 20, 2006 efficiency, because we know that if we dent, in his State of the Union, talked limping along. It isn’t the kind of great can use energy more efficiently, obvi- about energy addiction and the impor- challenge President Kennedy gave to ously, then we need less to produce the tance of transitioning America to be us and the challenge that the Nation same output and the same quality of energy independent, the cost-cutting met. life. budget of the Department of Agri- If I could just say a word about the So if you look at all of these different culture, under his administration every Department of Defense, it is incredible areas, you just find a growing gap be- single year, has cut funds for renew- that the Secretary of Defense of this tween what the Bush administration ables. Nation would come before the Defense says it wants to do and what it is actu- Farmers struggle in the rural com- Appropriations Committee, when asked ally doing. It is a credibility gap that munities across this country to try to the question, what role did he see for is growing. I think the American peo- piece together the investment dollars his Department, the largest purchaser ple recognize that fact, and they are and have the confidence that what they of petroleum in the United States of looking for an alternative that is real. are doing will weather the kind of beat- America, and petroleum-based prod- That is why we have developed what ing that they will take from the oil ucts, to help erase this strategic vul- we call a real security plan, not a fake cartels, who command the marketplace nerability that we had due to the fact one, not one where you say one thing and control the price in this country. that we import three-quarters of our and do another, but a real plan, which Please don’t try to convince me it is a petroleum, he said, That is not my job. really makes the national commitment free market. Oh, no, it is only a free That’s the Department of Energy’s job. to this effort in many, many different market for those who control the spig- I couldn’t believe it. I went up to him areas. ots. afterwards, and I said, well, if it isn’t The new Apollo Energy Project is It isn’t a free market for the con- our job, why do we have our Fifth Fleet part of that. A project to provide great- sumer at all. Because in the commu- porting in Bahrain holding up that gov- er efforts in the area of ethanol is part nity I represent, even if I want to buy ernment? You start looking around of that. A whole series of concrete a car that runs on ethanol, there is where we have put our defense forces to steps that are in a proposal that is put only one pump, and that was only put protect the oil lanes. We had a vote together through a consensus by many in after considerable pressure. Who has here today on Oman. It is pretty clear experts is part of that. We need to act time to go way over to another part of the Strait of Hormuz is very strategi- on that proposal, and we need to start the State or another part of the city to cally important to us, because we are acting today if we really want to re- go fill up, with families having the totally dependent on that oil lifeline. duce our dependence on foreign oil, im- pressures that they have on them in To me, that is America’s chief de- prove our national security situation, the workplace today? fense vulnerability. So why doesn’t and improve our environmental situa- No, the Department of agriculture, Secretary of Defense Rumsfeld know tion and address the issue of global cli- although I authored the first title to a about it? He doesn’t want to know mate change, which we necessarily farm bill in American history, title 9, about it. Know what, the generals know about it. The generals at the Air need to address as well. that has the ability to invest some dol- I would be happy to yield to our col- lars in renewable energy through the Force know it, the generals at the Navy Department know it. The gen- league, Ms. MARCY KAPTUR, and thank farm community, it is such a pittance. erals over at Army know about it, and her for her leadership on this issue. It is almost laughable, except it is all they know about the soldiers in the Ms. KAPTUR. I thank our colleague we have. There isn’t any major division field. from Maryland (Mr. VAN HOLLEN) and over at the U.S. Department of Agri- We have research projects going on the gentleman from California (Mr. culture, even until today, that deals at DOD to try to have solar tents SCHIFF) for their own energy and help- with energy independence and bringing where the sun’s rays are used if we ing America shape a different century up the full array of renewables. have to move battalions around and and different millennium in this 21st, We know about ethanol, because eth- try to provide alternative ways of and to say that there could be no more anol is derived from corn, and corn is powering these different defense sys- important dedication for us as public heavily subsidized. So, of course, we tems that we have in theater. People officials than to meet America’s chief are going to get more alcohol from on the ground know. The Guard and strategic vulnerability in imported pe- corn. But you know the truth is, in Reserve know. America has to change. troleum with real answers. To do so, as terms of science, that isn’t the crop I hope the Secretary or somebody in Congressman SCHIFF reminded us, with the most oil, with the most abil- his office will give him some of my re- when President Kennedy helped to do ity to be refined. There are other seed marks, because the Department of De- what was hard and lead America to crops that have much higher oil con- fense ought to be in the lead. Then land a man on the Moon, it was done tent. We have just never developed many of the other Federal agencies within 10 years. them. will follow. At that time, I remember as a child, So the Federal Government isn’t in The Federal agency that deserves the it seemed so impossible to land a man the lead on this in agriculture. It is ac- biggest star for doing what is right is on the Moon. Yet now we see space tually following in the wake of real the postal service. The postal service, shuttles. When you stand outside and progressive States like Minnesota, with its vehicles, and some of them look at the sky, and you watch the which I call the Thomas Alva Edison only get 12 miles a gallon, we ought to shuttle come before the Moon and then Center of the 21st century. What they convert those, has done more than any go back around again, you may see are doing, they are viewing new energy other Federal agency to use its power what this Nation has achieved since production and new renewables and to try to use vehicles that run on new the 1960s. new investment there as economic de- fuels, batteries, new technology, hy- But, indeed, we did land a man on the velopment for the State of Minnesota. brids, which Congressman SCHIFF and Moon in 10 years. I am troubled by the We have a lot to learn from them. Congressman VAN HOLLEN have ref- long-time horizon on new forms of en- The Federal Government ought to just erenced in their remarks. ergy, because if the government of the copy what the State of Minnesota has The Federal Government itself, as United States were serious, within 10 done and make it available across the major a share of the U.S. economy as it years it could use its own power to help country. But it is a tragedy now be- is, could do wonders. Would it not be convert this Nation. cause even though Detroit makes doz- great if the President had hybrids as I will just discuss two of the commit- ens and dozens of vehicles that will run part of the White House lineup? tees on which I serve that have major on these new renewable fuels, there are Wouldn’t it be great if the Secretary of roles to play in this conversion. Both no gas pumps around the country. Defense could see his way to thinking Congressman SCHIFF and Congressman There were a few incentives in one of about this and integrating the energy VAN HOLLEN have talked about the De- the bills that we passed here in terms mandate into what the Department of partment of Agriculture. of tax credits and incentives for com- Defense does? What Congressman VAN HOLLEN has panies to put in tanks in the ground, Wouldn’t it be great if the Secretary said is true, that although the Presi- but it is not serious. It is just sort of of Agriculture actually helped the

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5543 farmers of this country become owners ward-looking energy plan with a new home. His wife was also in the service. in the new energy industries that are direction or whether we just wanted to She was on her way to Iraq. They were being created across the fields of Min- go the same old, same old. going to be like two ships passing in nesota, Iowa, Ohio, Indiana and so Our colleague, Congressman MARKEY the night. The level of sacrifice of the many other places, rather than making of Massachusetts, offered an amend- men and women in uniform is nothing these farmers struggle and be threat- ment. It said let us put an end to an- short of outstanding. ened with bankruptcy because they other subsidy to provide for deepwater Outside of that group, though, Amer- can’t, they don’t have all the connec- drilling for oil and gas. In other words, icans have not been asked to sacrifice tions on Wall Street, and they can’t and I just want to make this clear, in for the greater good, but we are sacri- get up to the $40 million level for in- other words, taking funds from our ficing in an unexpected way, and that vestment? constituents and providing it to the oil is when we go to the pump. We are pay- So I thank the gentleman for giving and gas companies effectively in the ing a heavy price. The problem is that me a chance to say a few words here form of a subsidy so that they can drill the price we are paying is not going for this evening. I share your absolute for oil and gas. any productive gain. commitment to energy independence Now, even this administration said Yes, we are paying a lot more at the by 2020 or even sooner than that. they were against this particular sub- pump. But where is that money going? sidy, but not the leadership in this It is going in two places. It is going b 1645 House, not the Republican leadership into the record profits that Mr. VAN Mr. SCHIFF. I thank the gentle- in this House. It went right out of this HOLLEN mentioned, which it is not just woman for all her leadership on this House because, unfortunately, the Re- record profits for the oil industry. The issue, and you alluded to the free mar- publican leadership is still in the old oil companies have had the largest ket and the operation of market forces. frame of mind that we can just keep profits of any corporation in American That is not always as free as it might doing what we used to be doing rather corporate history, and these are the appear, particularly in the price at the than moving in a very new direction. same companies that are enjoying the pump. But there have been several ob- I would like to pick up briefly on our tax subsidies that we keep passing. And stacles to our energy independence, point that our colleague here, Ms. KAP- yes, the market is allowing them to what has been a lack of vision in terms TUR, made with respect to the issue of take these profits. It is not compelling of where we need to go as a country in the Federal Government leading by ex- them to. It is not compelling them to the administration and in the Defense ample. charge that price at the pump, but it is Department, as you point out, but It is hard for all of us to ask people giving them the opportunity to, and there have also obviously been within around this country to do things in the they are taking it. So part of the the oil industry efforts to stop this area of energy efficiency when the Fed- money is going there. from happening. eral Government itself has been such a Where else is the money going? Well, I have to imagine the best and deadbeat on this. The Federal Govern- a lot of the money is going to the Mid- quickest way to bring oil prices down ment, after all, is the largest single dle East. A lot of it is going to coun- is to make other sources of energy consumer of energy in the United tries that, either openly or covertly, competitive. If we can incentivize the States and yet, again, after the Presi- are funding people who are trying to development of these biofuels and dent gave his State of the Union ad- kill us. That is not a worthwhile sac- make them more readily available, the dress, he submitted the fiscal year 2007 rifice for Americans to make. And the oil companies are going to drop their budget, and that was the lowest re- terrible tragedy of this is. And I think prices in a hurry in order to undercut quest ever for Federal Government en- probably the biggest missed oppor- this new industry, if nothing more. ergy efficiency efforts. In fact, that tunity of this administration is if we But what really kind of gnaws at me was lower, despite the fact in 2004 the had started 5 years ago, or even after 9/ is when we look around the world at Federal Government consumed more 11, and we said we are going to make what China is doing with solar power energy than at any other time in the the sacrifice now to wean ourselves off and solar cities now, at what South last 10 years. of oil, we might have had to pay a lit- American countries are doing at mak- So, again, I get back to the point, tle bit more in terms of our conserva- ing themselves energy independent you got to say what you mean and you tion measures, but that money would with biofuels, and what Japan is doing got to follow through. be an investment in our security. Now in terms of development of hybrid Here was another example. This is we are paying 10 times as much, and it technology and how they are passing the day of the State of the Union ad- is going to some of the people trying to us by, that really grieves me because it dress, the budget came down, and yet kill us. hurts our national security interests. the budget came down, the President, What I wanted to ask Ms. KAPTUR, I It hurts our economy. head of the executive branch, sub- know other countries in South Amer- Let me do a reality check with Mr. mitted a budget that reduced funds for ica, for example, have gone a long way VAN HOLLEN’s district which is 3,000 energy efficiency programs in the Fed- in terms of using biofuel, have made miles from mine. If I ask my constitu- eral Government. That is not leading themselves energy independent, have ents, would you be willing to make a by example. done what we have not been able to do. sacrifice so that you could tell the oil Part of our new directions program is If we did have the right package of in- producing Nations of the world, many we say we will ensure that the Federal centives, if the government was a lead- of which are not our friends, we do not Government will be part of the solu- er and worked with the agriculture in- want your oil, we do not need your oil, tion, not part of the problem. dustry, how much of our domestic con- you can take your oil and whatever, Mr. SCHIFF. I wanted to make one sumption of energy could be supplied my constituents would leap at that. comment and I have a question for Ms. by biofuels? How would your constituents feel? KAPTUR. Ms. KAPTUR. I think the honest an- Mr. VAN HOLLEN. I think despite When we talk about sacrifice during swer to that is initially about 15 per- the fact there are 3,000 miles between the War on Terror, really the only peo- cent. If one looks at the current type of the area you represent and the area I ple in America who have been asked to production where we have field crops, if represent, that is certainly one of the sacrifice are the men and women in we compare ourselves to Brazil where things that brings our constituents to- uniform and their families, and they they have many fewer cars than we do gether. I think what they are all look- are sacrificing big time; multiple de- but they are really heavily biofueled ing for, regardless of where they live in ployments to Iraq, to Afghanistan, right now, they have got well over half this great country of ours, is some real families left behind, wondering if their of their vehicles that are running on leadership on this very important loved one is going to come back at all, alcohol-based fuels. Under current issue. come back in one piece, how to make technologies and current types of This House just a few weeks ago had ends meet while they are gone. plants that we use, and current refin- another opportunity to send a state- I met when I was in Iraq a young man ing capacity, I think we could get up to ment on the fact that we wanted a for- serving there who was on his way back about 15 percent.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5544 CONGRESSIONAL RECORD — HOUSE July 20, 2006 I do believe that with biotechnology Alaska. From my point of view, that motive market in the world through and the introduction of more oil-rich does not make much sense, both in the intervention of more fuel-efficient seed crops we could push that number terms of how long it would take to ex- vehicles. They were forced to do that up, and that is part of the horizon of tract the oil, the environmental costs, by CAFE standards and so forth here. cracking the carbohydrate molecule, as but I wanted to ask your thoughts on But they fought that every step of the we in the 20th century cracked the car- that. way and forced on the American people bon molecule to produce gasoline and Mr. VAN HOLLEN. Well, the gen- choices that were very, very oil-con- refine it off of petroleum. tleman is right, and I think the statis- sumptive choices. So SUVs came on We are really neophytes in terms of tics on this are clear, that even if you the market, and yet you could look really using oil seeds in order to took all the oil you could possibly drill over to Europe and see a Mercedes die- produce the maximum number of Btus out of Alaska, with all the costs and sel run on biodiesel operating over in per acre and per ton. So I think if one the environmental damage, it would Europe. looks at the period of a decade, we deal with only a very short period of 1 Yet here we had something like the could do an enormous amount surely in year, less than 1 year, a couple weeks Hummer comes out, and it gets 9 miles the areas where we have field crops al- to months in terms of our total energy to a gallon at a time when we know ready in production. use. that we have to have more fuel-effi- I would say that for the future, the So if you are trying to break an ad- cient vehicles. Midwest would have a larger share of diction, you do not keep feeding that I had an interesting experience a cou- its vehicles that run on alcohol-based addiction. What you need to do is have ple of years ago. I went up to the De- fuels than perhaps California. Cali- a different approach in general. troit auto show, and I said I would like fornia might have more of a mix of hy- you to show me the floor with the new b 1700 brid battery technology, maybe hydro- flex fuel or the biofuel vehicles, and gen-infused systems. I do not think As Ms. KAPTUR has said, it is not just the salesman just looked at me. that there is just one answer here. one different thing, it is many different We really don’t have the industry But right now, because the oil com- technologies and different ideas that well focused yet in terms of, look, panies really lock out the biofuels at you need to work on. But what you Americans want to change the country. the pump, we cannot move the vehicles don’t do if you want to kick a habit is These are the vehicles that are avail- that are already being made and sell keep encouraging that habit to remain. able to you. This is how we are going to make it easy for you to convert. They them. Most Americans who are driving And yet that is what we have been are still not there yet. They have glob- these flex-fuel vehicles do not even using so much of our natural resources ally forced on the American market know it. So I would say that biofuels is to do. We should not be using taxpayer the big gas guzzlers. But if you go any- at least a fifth of the answer, and then money to do the oil and gas subsidies. where else in the world, whether it is we have to look to fuel cells. We have Rather, we should be using our efforts Brazil or Germany, anywhere you go, to look to hydrogen-infused systems. to encourage these other ideas that are you see the more fuel-efficient vehicles I think that in the future, we are in our national interest. being employed. working on one project in the Midwest, The President has said we have a problem. That is not the issue, appar- Think about your church parking lot we are taking the rays of the sun and or think about the supermarket park- converting them to hydrogen. Then we ently. But the issue is what are we doing about it. That is why I think this ing lot that you shop in, and just go will have the plug-in vehicles, the ex- and look and see what is in the lot and perimental plug-in vehicles. discussion is important. I really do believe it is a terrible what people are buying and what the So there is a series of technologies miles per gallon is, and then do the being used and developed. But imagine thing when so many of the others around the world are ahead of us in so same thing in Italy and do the same if the Federal Government were a part- thing in Japan and do the same thing ner rather than just sort of a bystander many areas where we should be leading the way. We have a great entrepre- in Brazil and say to yoursel, What is in this effort. We could ratchet up the wrong with this picture? Why aren’t neurial spirit. We have the resources usage so much more quickly. Americans being given the very same and talents to do this. There is no rea- Mr. SCHIFF. I thank you very much choices as consumers in other coun- son why other countries should be for your leadership on this, and it tries? Why have they been able to be beating us in the area of renewable en- seems to me there is maybe no other more fuel efficient than we are? issue that is as cost-cutting, as energy ergy development and energy effi- And if I can say just one thing on independent and has such a positive ciency technologies. And yet they are. solar energy, since I represent the solar synergy, since that to the degree we I think that is because of a lack of na- energy research center of the Nation, could wean ourselves off of foreign oil, tional leadership. Other countries have we make solar panels at a third of the that helps us with our national secu- made this a priority. In this country cost of the Japanese, and they are just rity and our foreign policy. we have made it a priority for sound as efficient. In fact, they are more effi- To the degree we can develop these bites, but we have not made it a pri- cient, but they are bigger. Because new technologies, that helps us eco- ority for policy. they are bigger, they are one-third the nomically. There has been tremendous Ms. KAPTUR. Coming from the in- cost. All of the companies in my dis- demand in China, India, and elsewhere dustrial Midwest, I think I have more trict that are making these solar pan- that are energy-starved countries with automotive plants in my district than els, they are being exported to Europe strong GDPs. So it is an economic win- the entire State of California has, so I because Europe has the special incen- ner. come from an area where the auto- tives for renewable applications. And In terms of our environment, not motive industry was born and hope- the majority of the technology on solar sending all of those ozone-depleting fully is being reborn. But it is amazing roofing and solar panels is being gases and the greenhouse effect and the to me the way in which the U.S. auto- shipped to other countries because we global warming, it is an environmental motive industry chose to meet foreign don’t have those same incentives here. imperative. competition. It was not to try to pry So our government, those in the lead- In terms of rescuing the family farm open Japan’s market which remains ership here, can’t see their way forward and helping our agriculture industry, it closed to the goods of all countries. to help America convert when she could be a vital part of the answer. Even when the old Yugoslavia made wants to. The American people are Almost every challenge we face as a Yugos, you couldn’t get them into with us on that. They know we have to Nation intersects at the intersection of Japan. So less than 3 percent of the change. Why don’t we make it easy? energy independence. Now, some people cars on their street are from anywhere Mr. SCHIFF. That is one of the point at other solutions, and I want to else in the world, the second largest things that drives me crazy. One of my ask the gentleman about this. auto producer in the world. staff just got a Toyota Prius. She had Probably the most prominent debate They did not really choose a strategy to wait 6 months to get that Prius. we have on energy kind of tells you of opening up closed markets or of con- There is a 6-month waiting time to get where we are here is on drilling in verting here at home the largest auto- a hybrid made in Japan.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5545 We don’t have a nonSUV hybrid yet ing of the global environment, more Those kind of minds are still out that I am aware of, an American car production of greenhouse gases, more there, but we are kind of wed to old out on the road that competes with the pain economically in terms of higher technology and the fact that if you sell Prius or with the Honda Civic hybrid. energy costs for businesses. a very large vehicle in this country, Why is it that some of the foreign Or we can have a new direction. I you make a little more profit than if automakers seem to know the Amer- think we have talked about several of you sell a smaller vehicle. The larger ican market better than we know our- the ingredients of that new direction vehicles use more gas and petroleum- selves? tonight. The investment of biofuels: based products. We were stuck in that Mr. VAN HOLLEN. If the gentleman That helps our farms and it helps our mold for a very, very long time. would yield, I understand your confu- economy, it helps our energy independ- And if you go out and ask the aver- sion, and I share that. I think it has ence, and it helps our energy independ- age consumer what they are looking been so shortsighted that we as a Na- ence and our national security. for, and the lines are showing it, they tion didn’t take the steps that we need- Investment in other alternative en- are looking for the new technology, ed to take many years ago in this re- ergy sources like solar power where the and it just was not brought on. profit points are almost there, almost gard in terms of updating in a signifi- So the strategy that was chosen in there for a great expansion of solar cant way the CAFE standard, the cor- the 1980s and 1990s has not led our Na- power. They just need a little porate average fuel economy standards tion toward energy independence in ve- incentivization before they can be in this country. hicles. Now we see ads on television by When gas prices started going up broadly employed. The development of windpower, geo- the big companies saying we are trying over the last many months, all of a to catch up. Well, we really need to sudden you saw people running around thermal, and the whole host of renew- able energy sources. This is the new di- catch up very, very quickly or they are with their heads cut off, trying to going to become another segment of think of quick-fix solutions. rection we need to take this country in. Otherwise, every time we have a our wealth that are purchased by for- You had the majority leader of the eign interests and no longer belongs to Senate, Senator FRIST, he floated this flare-up in the Middle East, as right now we are having this tragic situa- us. We are seeing a lot of that as we idea of a $100 rebate to every American, pawn off pieces of America to try to as if that was somehow going to solve tion, Hezbollah has attacked Israel, kidnapped soldiers and prompted this cover our long-term debts and what we the problem. Quick fixes are not going owe to the future, which I am very to solve the problem. We need serious conflagration of the region, gas prices are going through the roof. upset about, but alone can’t solve. solutions. Nonetheless, I think our automotive One of the things that should have Iran thumbs its nose at the inter- companies really need to focus on inno- been done years and years ago was up- national community and says we are going forward with our nuclear pro- vation, listen to what the consumer is dating the CAFE standardS. It is inter- gram, gas prices go through the roof. saying, give them what they want, and esting to hear Members of Congress Hurricanes in the gulf take out refin- open up the closed markets of the who have been here for a long time, I ing capacity. We can’t predict, as you world. That would go a long way to listened to Senator LOTT and others on say. We don’t have a crystal ball. We helping this industry revive. And then the other side talking about this. They don’t know next year if it is going to we have the legacy costs of the compa- said, Gee, you know, if we had known be a hurricane, or next year it is going nies that have been in existence for a what we were going to see today in to be the Middle East, or the Ven- very long period of time that this Con- terms of gas prices, we would have sup- ezuelan head of state who is anathema gress could do something about in ported an increase in the CAFE stand- of the United States, but we do know it order to make whole the pension and ards back then. Well, you know, we will be something. And if we don’t take health benefits that workers were don’t all have crystal balls, but we action to change the direction of our promised. That is a whole other Special have to exercise our best judgment. country to a new direction, we are Order. And the fact of the matter is that is going to be continuing to be funding a I thank Congressman SCHIFF and a long overdue measure. And it is not a lot of the people that are bent on our quick fix because it takes time for the Congressman VAN HOLLEN for allowing destruction. us to speak about such an important fleet of cars to turn over. You can’t Ms. KAPTUR. I just wanted to add just change the corporate average fuel subject and one that is at the top of that if one looks at the automotive in- the list in terms of domestic security, economy standards today and, presto, dustry, and I have all major companies have a result. It requires some forward and that is energy independence. in my district and in my State, and Mr. SCHIFF. I thank the gentle- thinking. talking about their focus along with woman for her leadership on this issue The fact that we didn’t do it before our focus, we have to continue to open and on so many other issues here in the was a big mistake, and I think people closed markets of the world. That’s Congress. should hold people accountable for where markets expand. You have to their mistakes. On the other hand, it is put some energy there. You can’t just I want to wrap up by bringing this better late than never. We need to get kind of put it on the back shelf. back to where we started, and that is moving on that, and we need to get Many years ago President George the integral nexus between energy moving on the whole menu of other op- Bush the first went to Tokyo. I still re- independence and national security. tions that we have been discussing member he got very sick at a dinner, You can imagine what a positive to our today. There is no silver bullet to this. and he was there for auto parts talks, national security policy it would be if You need an array of options. You need market opening talks. And ever since in our dealings in the Middle East, our a number of efforts going on at the that day, there has never been an ag- dealings with Russia and China and our same time. gressive effort by any administration dealings with South America, if energy But in order to get all of those things to open up the second-largest market was not an issue in the sense we were going, you need one essential ingre- in the world. So we have failed on the not dependent on other parts of the dient, and that is some leadership and trade front significantly. world, and particularly the Gulf a commitment to this issue and a com- And the major automotive firms have States. What a transformative effect mitment to have a new direction and chosen a low-wage strategy rather than that could have in a positive way on not just rely on the failed policies of an innovation strategy. So they have our national security policy. Energy the past that continue to get us into been moving plants around the globe independence is really key. the mess we are in. seeking cheap labor, whether it is Our new direction, as outlined by Mr. SCHIFF. The gentleman is ex- China, Mexico, wherever it is, rather real security, is energy independence actly right. We have this choice. We than focusing on the innovation that is by 2020. This is an achievable goal. It have had this choice for several years. inherent in the American people that would require the kind of commitment We can have more of the same, more of was responsible for the dawn of the that President Kennedy talked about the same $3.50-a-gallon gas, maybe $4- automotive age in this country in the when he talked about the Apollo a-gallon gas at the pump, more warm- first place. project, but it can be done.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5546 CONGRESSIONAL RECORD — HOUSE July 20, 2006 I have great confidence in the Amer- As the cochairman of the bipartisan Now, to lay the groundwork for what ican people and the American entre- Renewable Energy and Energy Effi- I am going to talk about, with the help preneur. We can do this. It would elimi- ciency Caucus here in the House, which of a couple of my colleagues, Mr. nate our reliance on Middle Eastern has over 218 members, a majority of MCCOTTER from Michigan has joined oil. We would increase production of al- the House belong to our bipartisan cau- me already, and I think the gentle- ternative fuels in America. We would cus. Congressman MARK UDALL of Colo- woman from North Carolina (Ms. FOXX) promote hybrid and flex-fuel vehicle rado is the Democratic cochairman, will also join us. technology in manufacturing, and we and I am the Republican cochairman; I want to talk a little bit about world would enhance energy efficiency and and we are working together to ad- events, but then get to the meat of this conservation incentives. This is the di- vance many of the initiatives that they hour, and that is the United Nations rection Democrats feel we need to have talked about as quick as we can. and whether or not it is living up to its bring this country in order to make I do think that tremendous energy original charter, whether or not it is a sure that our security is in fact very now is put behind the goal of becoming viable organization today, or whether real. energy independent as soon as possible or not, frankly, it has been corrupted I want to yield to my colleague from in this country. over time, especially in recent years. Maryland for his closing remarks and Last night, Congressman UDALL and But I want to say, to begin with, that once again thank you for not only this a bipartisan group that I participated I think to define this war that we are 1 evening, but for all of your work on the in met for about 2 ⁄2 hours with Vinod in as a war on terror misses the point national security plan. Khlosa about this issue of cellulosic in many ways. Terror is a tactic that ethanol and what potential it has in our enemy is using, but it is not really b 1715 this country for transportation. a war on terror. We need to be honest Mr. VAN HOLLEN. I thank my col- Earlier today I participated with that we are at war with the Islamic league, Mr. SCHIFF from California, Congressman INGLIS of South Carolina, jihadists. The jihadists are spreading again, for his leadership. And I think who chairs the Fuel Cell and Hydrogen their networks around the world. we have covered a lot of territory in Caucus here in the Fuel Cell event we A letter between Zarqawi and this hour. I think we will have a con- had in Cannon Caucus. Zawahiri laid out specifically that they tinuing conversation here in the Con- Just a few days ago we had the Re- wanted to use our involvement in the gress, and I am sure we will have a con- newable Energy Expo here, which Con- Middle East as an opportunity to re- tinuing conversation throughout the gressman UDALL and I participated in. move the infidels from Iraq, and then country about this very important Through all of these efforts, I would expand the califate, according to Mo- say that what we are doing is not this issue. hammed, from Morocco in Northwest particular technology or that par- And, again, it goes to the question Africa, all the way into Indonesia. ticular technology, because in many about whether we take our words seri- Clearly, aggression is part of the plan. ously in terms of moving the policy of ways our free enterprise system is And the jihadists don’t just surface this country forward. And you can’t going to sort the winners and losers through al Qaeda. The jihadists surface have a situation where you have the out. through Hezbollah, frankly, a seasoned But, really, our position is we have President say this is a national pri- terrorist organization that has now got to do all of the above. Time is of ority, on the one hand, and then have a taken up a very important place of the essence. I don’t think we can pick budget that comes down the next day and choose right now. We need domes- power in Lebanon, supported, without that sends a very, very different mes- tic capacity, so we have to go after new question, articulated last night on the sage because, if you do that, number oil and gas resources. But we have to floor of this House, by Iran and Syria. one, you lose credibility with the Democrats and Republicans, over and wean ourselves off foreign oil and move over again, last night, as we debated American people; and, number two, you towards advanced transportation sys- the resolution in support of the State obviously can’t achieve your objective tems. if you don’t harness some of our na- Clearly, hybrids are a bridge. We of Israel, talked about who is backing tional resources to this very impor- want to promote that. But we have got Hezbollah right now. Hamas, also elect- tant, very important effort. to move through all these technologies. ed to governmental leadership in Pal- So I want to thank my colleague for I think fuel cells have great applica- estine, includes the jihadists, people his leadership on this issue. And I hope tions but, frankly, so do the E85-based who have declared war on the United that in the days ahead, this Congress fuels. States of America and its ally, Israel. will move from a position of rhetoric So I just want to say that that is And this really is a war of global pro- on these issues to actually doing some- something that many Members from portions. And we need to be realistic thing meaningful and taking this coun- both sides of the aisle are doing an about this and share with the Amer- try in a new direction when it comes to awful lot about. ican people the seriousness of the mo- energy policy, which, as we have dis- Last summer the Congress passed ment that we live in and rise to our cussed tonight, is such an important EPACT, the Energy Policy Act of 2005. generational call to address this issue component of our national security This President signed it into law. and not just think that this is about policy as well. So I thank the gen- Today we hailed, many people in a bi- Iraq. tleman for his leadership on this issue. partisan way, the successes that the If we pulled out of Iraq tomorrow, Is- f tax incentives give to the renewable lamic jihadism is on the rise. And they sector, to the fuel cell sector, to the continue, as we see in Lebanon, to seek THE ORIGINAL MISSION OF THE advancement of hydrogen. I would to destroy the State of Israel and seek UNITED NATIONS argue that we need to go further be- to drive America back and bring us to The SPEAKER pro tempore (Mr. cause the production tax credits that our knees. We must stand tall and DANIEL E. LUNGREN of California). are in that bill need to be extended for straight. Under the Speaker’s announced policy a longer period of time so that the in- Now, the United Nations is an organi- of January 4, 2005, the gentleman from dustry out there has a definition. They zation that I believe was founded with Tennessee (Mr. WAMP) is recognized for know what to expect. It is not a 2-year good intentions. As a matter of fact, a 60 minutes as the designee of the ma- thing that might or might not be re- prominent Tennessean named Cordell jority leader. newed. So clearly, we need to do more. Hull was very involved with it. And if Mr. WAMP. Mr. Speaker, before I get But there is bipartisan resolve to ad- you call the Congressional Research to the topic that I want to spend at vance all of our energy sources as rap- Service or look for the records of all least the lion’s share of the next hour idly as possible. And so I applaud them this, and we did, you find out the his- on, I want to respond somewhat to the in a sense, but I would also say that tory of all this, because Cordell Hull commentary from my friends on the there is no silver bullet. We need to do came out of the State of Tennessee. He other side over the last hour and really all of the above, and we can’t just rely was elected to Congress in 1907. He agree with them on a whole lot of on particular fuels. We need to increase served here in the House until 1931. He issues. our domestic capacity. was elected United States Senator, but

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5547 resigned upon his appointment as Sec- As a matter of fact, the U.N. charter I have to say this Member of Con- retary of State by President Franklin preamble says this: ‘‘We, the peoples of gress from the State of Tennessee, D. Roosevelt in 1933. the United Nations, determine to save much like the Member of Congress Foreseeing danger to peace in the succeeding generations from the from Tennessee who received the Nobel rise of dictators, he advocated rearma- scourge of war which twice in our life- Peace Prize for starting the United Na- ment, pled for the implementation of a time has brought untold sorrow to tions, looks back on the legacy of system of collective security, sup- mankind, and reaffirm faith and funda- Cordell Hull and, sadly, says that we ported aid short of war to the Western mental human rights in the dignity need to reevaluate our participation in democracies, condemned Japanese en- and worth of the human person, in the the United Nations as long as it is croachment into Indochina, warned all equal rights of men and women and of going in the direction that it is going branches of the United States military nations large and small, and establish in. well in advance of the attack on Pearl conditions under which justice and re- Before I yield to the gentleman from Harbor to prepare to resist simulta- spect for the obligations arising from Michigan, I want to point to a book neous surprise attacks at various treaties and other sources of inter- that has been written, called The U.N. points. national law can be maintained, and Exposed, by Eric Shawn. Although Hull participated in some promote social progress and better Eric Shawn is not an author trying of the policy-making conferences of the standards of life in larger freedom. And to make money writing a book. Eric allies, his major effort during the lat- for these ends, to practice tolerance Shawn is a very legitimate journalist ter stages of World War II was that of and live together in peace with one an- who has been incredibly effective over preparing a blueprint for an inter- other as good neighbors and unite our the years at reporting on the United national organization dedicated to the strength to maintain international Nations. It is very similar to a reporter maintenance of peace and endowed peace and security. And ensure by the covering city hall that sees so many things going on in city hall that, after with sufficient legislative, economic, acceptance of principles and the insti- a long period of time, they just kind of and military power to achieve it. tution of methods that armed force Shortly after the outbreak of the shall not be used save in the common look themselves in the mirror and say, war, Cordell Hull proposed the forma- interest, and employ international ma- this stinks and somebody needs to tion of a new world organization in chinery for the promotion of the eco- write about it. And this book docu- which the United States would partici- nomic and social advancement of all ments all of the graft, corruption, deals, inefficiencies, arrogance that pate after the war. To accomplish this peoples.’’ exist at the United Nations. The U.N. aim, in 1941 he formed an advisory Now, that is a bold plan for an orga- Exposed. And I want to just read a page committee on postwar foreign policy nization, to secure international peace out of it in the introduction to set the composed of Republicans and Demo- and guarantee international security. stage and then yield the floor to the crats. Mindful of President Wilson’s And I just want to say, fundamentally, gentleman from Michigan. failure with the League of Nations, a fair assessment of the United Nations in 2006 on its original mission is a low In the introduction it says: ‘‘Ter- Hull took pains to keep discussion of rorism is not a United Nations pri- the organization nonpartisan. grade. If not an F, it has got to be a low D, because the United Nations ority. The majority of its members are By August of 1943 the State Depart- focused on ‘development,’’’ which is ment had drafted a document, entitled today, as was written yesterday in a column by Norm Ornstein in Roll Call, ‘‘diplomat-speak’’ for increasing the ‘‘Charter of the United Nations,’’ which amount of money coming into their became the basis for proposals sub- is effectively impotent in certain areas of the world today. own nations. Terrorism, even though it mitted by the United States at the 1944 should be the most pressing inter- Dumbarton Oaks Conference. Clearly, as we look at the observers in southern Lebanon and the U.N.’s national issue of the 21st century, is Poor health forced Hull to resign simply not on most U.N. agendas. from office on November 27, 1944, before role with peace keeping, we are facing the most difficult challenges of our ‘‘The United States is compromised. final ratification of the United Nations The United States funds a whopping 22 charter in San Francisco. President generation with respect to war and peace, and the United Nations is not ef- percent of the U.N.’s $3.6 billion budg- Roosevelt praised Hull as the one per- et, pays 27 percent of an additional $3.6 son in all the world who has done his fective anymore. That is the sad truth today, and we are trying to change billion in peacekeeping operation most to make this great plan for peace, costs, and provides billions more for in effect, a fact. that. Here in the House of Representatives, the U.N. agencies and related oper- Following nomination by Roosevelt, ations each year. And yet the United the Norwegian Nobel committee pre- we passed the Henry Hyde United Na- tions Reform Act and sent that bill to Nations has become the coliseum for sented the 1945 Nobel Prize for peace to confronting and opposing the United Cordell Hull in recognition of his work the United States Senate, where we can’t even get agreement on a con- States. With the end of the Cold War in the Western Hemisphere for his ference report. As a matter of fact, and the rise of one lone superpower, international trade agreements and for that bill said that there were 38 rec- the United States’ veto-wielding rivals his efforts in establishing the United ommendations for reforming the press their agendas at our expense and Nations. maneuver for their own advantages, Too ill to receive the award in per- United Nations to clean up the graft and corruption, make it more efficient not ours. son, Hull sent a brief acceptance speech and accountable, have it live up to its ‘‘The United Nations Security Coun- that was delivered by the United original charter; and unless 31 of those cil guaranteed security for the Iraqis States Ambassador to Norway, in 38 reforms were implemented, we were and an unstable and untenable environ- which he wrote: ‘‘Under the ominous going to, the United States of America, ment for American and British forces shadow which the Second World War withhold up to 50 percent of our dues to attempting to enforce the Council’s and its attendant circumstances have that organization. And we are, and will mandates from 1991, when Saddam sur- cast on the world, peace has become as show later in this hour, by far and rendered in the Gulf War, to the 2003 essential to civilized existence as the away the number one contributor to invasion made necessary by the U.N.’s air we breathe is to life itself. There is the United Nations in the world. malfeasance. Had the Council and the no greater responsibility resting upon United Nations held to moral prin- peoples and governments everywhere b 1730 ciples and enforced their resolutions than to make sure that enduring peace We were trying to bring some ac- and requirements, the war could have will, this time, at long last, be estab- countability to the United Nations, been prevented. There would have been lished and maintained. The searing les- and I have to tell you that the resist- clarity, not confusion, regarding sons of this latest war and the promise ance to that accountability not only Saddam’s possessions of weapons of of the United Nations organization will comes out of the heart of the United mass destruction. His corruption and be the cornerstones of a new edifice of Nations, but there is resistance even in bribery of the Council created condi- enduring peace and the guideposts of a this country for reforming the United tions of uncertainty that empowered new era of human progress.’’ Nations. his regime.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5548 CONGRESSIONAL RECORD — HOUSE July 20, 2006 ‘‘The same mistakes are now being and security through mutual diplo- endeavoring to restore because endeav- repeated elsewhere. The U.N. is incapa- matic action but rather as a corrupt oring to restore the integrity to the ble of effectively resolving the nuclear political machine. In fact, the United United Nations, we are endeavoring to threats posed by Iran and North Korea, Nations has one advantage over a tra- rekindle the spark of the dream of member states that have in some cases ditional municipal political machine. Franklin Roosevelt and the entire lied to U.N. officials, including those of It is that the enormity of their crimes postwar generation that hoped that the the International Atomic Energy Agen- tends to mask their crime. horrors of the Second World War would cy, or, in other cases, ignored their re- The global scale of the theft, which not be lost upon future generations, quest. the gentleman from Tennessee will thus condemning them to a third world ‘‘While the U.N.’s humanitarian pro- soon help to elucidate, has masked the war. Arguably, that chance has already grams are rightfully praised for pro- simple fact that they are operating in been lost. viding food, shelter, and medicine to their own interests rather than the in- Regardless, we must press ahead be- millions of the world’s needy, they terests of the citizens of the United cause the United Nations as a concept, have now also come under questioning States and rather than the interests of as an ideal, has a very practical value and criticism. The U.N.’s own inde- people throughout the world. in the world today. And I think it is pendent investigation, headed by One of the things which is most very difficult for us not to confront the former U.S. Federal Reserve Chairman striking, as the gentleman pointed out, reality that it is not performing that Paul Volcker found that even the gems is the fact that when we look back function, largely due to its own corrup- of the U.N. system, such as the World upon the search for weapons of mass tion. Food Program, the World Health Orga- destruction by the Security Council Mr. WAMP. Mr. Speaker, I thank the nization, and UNICEF, operated in Iraq and the resolutions that were passed gentleman for his commentary. with ‘little transparency and oversight’ and passed and passed, and ignored and What is the United Nations? To a lot amid evidence of ‘gross mismanage- ignored and ignored, is the simple, ine- of people, they may not have been ment.’’’ luctable fact that Saddam Hussein had there, they may not realize it, but it is A fair assessment says the United bribed the jury, that Saddam Hussein an 18-acre compound on the East River Nations is not effective at all in inter- had taken the Oil-for-Food program in Manhattan, in New York City. And national peace and security and they and turned it into an instrument not that 18-acre compound, which is very do provide humanitarian assistance, only for his aggrandizement and en- much delineated, detailed in Eric but even their provision of humani- richment at the expense of starving Shawn’s book, is basically a safe haven tarian assistance is grossly mis- people in his own nation, he also uti- for everyone who operates there. They managed, and basically everybody in- lized it to buy influence amongst mem- are immune from virtually everything. volved in the leadership of the United ber countries at the Security Council They do not even have to pay sales tax Nations is, in one way or another, ben- level. on the food that they eat in New York When viewed in that light, it is easy efiting financially from the very pro- City. They do not have to pay their to see why there was such discord and grams that come through the United parking tickets. They operate with such incomprehensible division Nations. such impunity that they, frankly, have We are going to document even more amongst former allies and erstwhile al- become incredibly arrogant toward our of that as we go on. But at this point lies in the buildup to the invasion of country. I want to yield to the gentleman from Iraq by the United States to liberate The number two guy at the United Michigan, THADDEUS MCCOTTER. that country from Saddam. It is also Nations, Malloch Brown, recently just Mr. MCCOTTER. Mr. Speaker, I easy to see why, in so many other in- thank the gentleman from Tennessee stances when dealing with the dictator, delivered a scathing analysis of the for yielding. it was very difficult to get the U.N. to United States’ position toward the I am here as a Representative from take a stand and to commence action United Nations as if we had no business Michigan. And as many of you know, to enforce its own resolutions. whatsoever meddling in their organiza- and I am sure you do, Mr. Speaker, As the distinguished ranking member tion, as if we should not in any way Senator Arthur Vandenberg from of the International Relations Com- exert oversight when, again, about a Michigan played a key role in bringing mittee, Mr. LANTOS of California, has fourth of all of their revenues come the United States into the postwar pointed out, the United Nations is a de- from us and they have this autonomy world. He originally started out of rivative reality. As he points out, it is here in our country. Grand Rapids as an isolationist. And a derivative reality in the sense it is The Oil-for-Food scandal, which an yet as he saw the gathering clouds of composed of member states. And mem- investigation was ordered on here in World War II and the impact of isola- ber states can be bad actors on the the Congress, it showed such gross tionism and appeasement upon the international stage or good actors on graft and corruption that it could very course of world events, he quickly be- the international stage, and when they easily be the largest case of grand lar- came a believer in the United States’ come together, the results can often be ceny in the history of our country in role in the world, and not simply being less than productive. terms of the billions of dollars that in the world itself and going along with But in the end, it is not the position were siphoned off and used to manipu- the tide of history but trying to direct of myself or many in the United States late, to effectively bribe member coun- that tide of history towards a positive who are encouraging U.N. reform that tries; even, as one of the chapters in outcome for our own citizens and for the U.N. do what we ask it to do or the book shows, the media, the press humanity. that it be led by the nose by the United that covers the United Nations, setting This is why today, as an admirer of States of America and back us in all up these organizations where reporters Senator Vandenberg and, yes, as an ad- our diplomatic efforts. could actually draw income from out- mirer of President Roosevelt, we have But what we are trying to do, side of their work at the United Na- to admit that today the dream of through the Henry Hyde bill and tions. Now, if that is not a conflict of President Roosevelt has been turned through other attempts legislatively, interest for a journalist, I do not know into a nightmare by the corruption of is to guarantee a fair and impartial what is. the United Nations. hearing amongst the Security Council But Saddam Hussein methodically The dream which President Roo- and amongst the member states and set out to use the revenues from the sevelt inherited from President Wilson know that when we make our case that Oil-for-Food scandal to keep the coun- and his League of Nations, a torch that we will not be greeted by a bribed judge tries that could very well force the President Roosevelt carried through- and jury, but that we will be greeted by United Nations or hold the United Na- out election after election, despite its other sovereign nations acting objec- tions back from going in and enforcing being many times unpopular, has been tively in the best interests of world se- their resolutions in Iraq. He used the put in the hands of people who operate curity and world prosperity. money. It was a scheme. It was a scam, the United Nations not as an entity to It is this chance that we were cheat- a multibillion-dollar scam. That has bring about global peace and prosperity ed of, and it is this chance that we are been documented here on the floor, but

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5549 I do not think the people in this coun- ade, it was corrupted in a gross way, so to do is look at what is happening right try ever really got it. I do not think that the United Nations was never now in Lebanon, what is happening in that they fully understood it. going to enforce their resolutions be- Israel, to know that it has failed miser- A summary of the time line, after cause basically everybody in the deci- ably. We would not be having the prob- Saddam Hussein invaded Kuwait in sion-making process had some obliga- lems that we are having in the Middle 1990, the United Nations barred him tion to Saddam Hussein because of East if the United Nations were doing from profiting from sales of his coun- where the money flowed. its job. I think that it is high time for try’s vast oil supplies. The ban was Kofi Annan runs the United Nations. the Congress and the administration to meant to keep him from rebuilding his Thankfully, his term is going to end at demand a great deal more from the military and pursuing a nuclear weap- the end of this year. His son, Kojo, his United Nations. ons program. It also deprived the Iraqi fingerprints are all over this stuff. I think that our Secretary of State is economy of its main export, leading to Money flowed. Investigations have doing a fabulous job in her job, and I hunger and deprivation among his peo- been run. People just looked the other think that it was a sad day when we ple, according to him, a condition that way. Malik Brown then criticizes us for could not get Ambassador Bolton con- Saddam both exacerbated by hoarding exerting oversight, saying that the firmed by the Senate to his job, and I the wealth his country possessed, and United States has just become anti- think that the President was right to then publicized to win international U.N. appoint him on an interim appoint- sympathy. Eric Shawn’s book points to Listen, we all believed in the original ment and that he is speaking for the the fact that a lot of it was just propa- legitimacy of the United Nations, the majority of the American people and ganda coming out of Iraq by Saddam original mission, international peace saying the kinds of things that need to that, indeed, a lot of the children that and security. But I will tell you what, be said. he had claimed were starving to death the United Nations is, if anything, not I want to quote HENRY HYDE. Again, because of the lack of oil revenues were only not helping with international there are very few people in this House not, in fact, starving to death. But he peace and security; the United Nations who are as eloquent as Chairman HYDE, won a lot of international sympathy. is in the way today sometimes of inter- and I think that it is entirely appro- So support for the sanctions gradu- national peace and security if they are priate that the bill that he introduced, ally eroded. And in 1996 the United Na- unwilling to enforce their own resolu- the United Nations Reform Act, was tions created the Oil-for-Food program tions. named for him. I want to just quote through which Iraq could resume oil You might say, well, you know, if it one quote from him relating to that sales to pay for humanitarian goods is not the United Nations, then what? I bill and relating to the United Nations: such as food and medicine. Saddam ex- got to say the coalition of the willing ‘‘No observer, be they passionate sup- ploited, though, the renewed oil flow in needs to reevaluate, in my humble porter or dismissive critic, can pretend three ways: opinion. The coalition of the willing that the current structure and oper- First, he simply ignored the sanc- means countries willing to fight Is- ations of the U.N. represent an accept- tions and illegally sold oil to Syria, lamic jihadists, willing to stand strong able standard. Republican and Demo- Turkey, Jordan, and other countries against terror, willing to engage, to crat administrations alike have long with no U.N. supervision, which fur- say we have to drive this threat back. called for a more focused and account- nished him by far his biggest source of Then what do we do? Let’s look at an able United Nations. Members on both illicit income, about $13.6 billion, ac- expanded NATO. Let’s look at a coali- sides of the aisle agree that the time cording to a Senate subcommittee in- tion of the willing. Or let’s insist that has come for far-reaching reforms.’’ vestigation. the United Nations go back and meet I think that the comments, again, Second, Saddam and his loyalists its original charter. It is, frankly, not that have been made here by my es- used tricky pricing schemes, sur- an organization worthy of this level of teemed colleagues have set the stage charges, and kickbacks to milk an- support by the American people today. for some of the things that we ought to other $7 billion or more from oil buyers That is the bottom line. be talking about. The United Nations and sellers of humanitarian supplies as Now, I am prepared to yield to the charter has laudable goals, but, as I a result of Saddam’s successful argu- gentlewoman from North Carolina, if said, I am a much more plain-spoken ments at the United Nations, that as a she is ready. Are you ready? person than some others. But when the sovereign nation Iraq should be allowed Ms. FOXX. I am ready. rubber meets the road, the U.N. has to negotiate contracts directly. Mr. WAMP. I yield to VIRGINIA FOXX failed miserably to put these ideals from North Carolina. into practice, especially in recent 1745 b Ms. FOXX. Thank you, Mr. WAMP. I years. And we have a duty here in the Legitimate Iraqi oil profits went to a appreciate your inviting me to be with Congress and as a permanent member U.N.-controlled escrow account, but you all today. It is a real treat to lis- of the U.N. Security Council, the kickbacks were secretly routed by ten to you and Congressman United States, we have a duty to insist complicit companies to hidden regime MCCOTTER. The things you have said I on a higher standard. We have a duty bank accounts. agree with wholeheartedly. I am not to ensure accountability of each and And, third, Saddam bribed foreign of- nearly as eloquent as the two of you. I every American taxpayer dollar that ficials and others. He oversaw a list of am a much more plain-spoken person, I goes to the United Nations. people who were given vouchers to buy think, a product of having grown up in I know my colleague is going to point Iraqi oil at below market price, essen- the mountains of North Carolina, and I out some of the problems with the U.N. tially multimillion dollar buyoffs. think that in many ways you are being ‘‘supervised’’ Oil-for-Food Program. Their apparent purpose was to win Sad- very kind about the United Nations. But I want to say that from that pro- dam defenders in his fight to lift U.N. I agree with you that the United Na- gram, to the lack of action with re- sanctions. Beneficiaries allegedly in- tions was born in a spirit of optimism spect to genocide in Darfur, Sudan, to cluded oil company executives from and that people had hoped very much the tremendous human rights abuses Russia, China and France and promi- that the United Nations could provide by the U.N. peacekeeping staff during nent politicians from Russia and peace and stability in the world. And their mission to Congo, the U.N. is ab- France. we all want that. We all want that to solutely rife with fraud and abuse and There is documented evidence now happen. needs reform. that he systematically sought to use But I will tell you, as I talk to my We could list these things, and there this revenue to buy basically the votes constituents and as they talk to me is a long list, and I am going to talk a at the United Nations to keep the about the United Nations, even the av- little bit about the history of scandals United Nations from enforcing their erage American, you don’t have to in the United Nations: the Oil-for-Food own resolutions. serve in Congress, the average Amer- Program, we will talk a little bit more So was the United Nations corrupted ican knows that the United Nations about; the peacekeeping operations; through the Oil-for-Food scandal? Ab- has failed miserably in its role as a the Center for Human Settlement or solutely it was. Over a period of a dec- peacekeeper in this world. All we have Habitat; Settlement Rehabilitation

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5550 CONGRESSIONAL RECORD — HOUSE July 20, 2006 Program in Northern Iraq; UNICEF, That is exactly what happened. It is He says in his book: ‘‘It was not the the U.N. Children’s Fund; the Con- one of the most outrageous stories in U.N.’s effort that exposed the extensive ference on Trade and Development; the the history of the world, especially in global black market in nuclear tech- Development Program; the Edu- an organization that most people have nology peddled by Pakistan’s Dr. A.Q. cational, Scientific and Cultural Pro- a good impression of. After all, when Khan. No U.N. committee ordered gram; we all know UNESCO; the Elec- the light-blue flag of the United Na- Muammar Qaddafi to surrender his toral Assistance Division, meaning tions shows up around the world, peo- weapons of mass destruction programs. electing people, not electricity; High ple think good thoughts. It is like the Those successes are among the achieve- Commission for Refugees; the Office of American Red Cross. They say, hey, ments of the proliferation security ini- Drugs and Crime; the Claims Commis- that is nice, they are here. Little do tiative, the brainchild of Ambassador sion; the Population Fund; and the En- they know, though, that there is this John Bolton under the Bush adminis- vironmental Fund. Every one of these kind of fraud and abuse and corruption tration. Compare PSI’s actual achieve- programs has had a scandal attached to at the United Nations. ments with the U.N.’s failure on the it. This is all documented now. We real- nuclear weapons front. Iran only has to The American people are much more ly need to evaluate how long this coun- look at Security Council’s crippling by familiar with the U.N. Oil-for-Food dol- try is going to participate in a scam Saddam to understand why President lars because, fortunately, the popular like this and then be criticized by the Ahmadinejad calls the U.N.’s resolu- press and the popular media picked up rest of the world every time we try to tions meaningless.’’ a little bit on that program and have hold them accountable as being arro- That is the bottom line. Their resolu- talked about it. But all of these pro- gant or too bossy, the things that they tions are now meaningless. They have grams have had scandals associated say. no credibility. Our enemies know that with them, and I think that just by Eric Shawn has done this country a they have been co-opted and corrupted highlighting this one program, we can service by putting all this in a docu- and bribed and that they are not going give an example of what some of the ment, his book, ‘‘The U.N. Exposed.’’ to enforce their resolutions. Iran now others are. He really has. Again, he is just a jour- knows it. And so they just laugh off I would like to come back in a few nalist. He is just trying to show what anything that the United Nations does. minutes and talk about some other he learned over the years reporting on How dangerous is that? Well, I would issues that have been touched upon by the United Nations. say the average citizen, not just in this Congressman WAMP, but I am going to In an interview, they asked him country but around the world, they turn it back over to him so that he can about Iran, because we now know what have confidence in the United Nations explain in some detail some of what a threat Iran is. Iran is backing that the United Nations is going to went wrong with the Oil-for-Food dol- Hezbollah. That is all about this war. somehow carry out its original charge lars. And, frankly, Ahmadinejad, the Presi- of international peace and security. Mr. WAMP. I thank the gentle- dent of Iran, has denied that the Jews b 1800 woman. were ever put through the Holocaust. Put this in perspective: think like He says the Holocaust didn’t exist, and I have been a Member of the United North Korea today. Kim Jong Il is he wants to end Israel. He wants to de- States Congress for 12 years. I am not defying the international will in terms stroy Israel. That is a stated objective an expert on these things, but I have of developing a nuclear program and of the guy running Iran now. studied them and I learned them. I nuclear weapons capabilities, so the All right. So they asked Shawn about have very little faith in the United Na- world is rightly isolating him. the United Nations and Iran, and he tions to do much of anything on inter- So back in 1990, Saddam Hussein in- says this: ‘‘The United Nations has national peace and security. vades his neighbor, and the world given Iran a 21-year head start in its They do feed people that need to be comes and drives him back and basi- development of nuclear technology, a fed. They do reach humanitarian needs. cally begins to isolate him and he can’t country whose President now vows to That is good. But that does not mean sell his oil to the world. wipe Israel off the map. It seems incon- all of the other things that they do are So he comes up with a scheme. Hey, ceivable, but the United Nations’ own good. this is what we can do: we can claim nuclear watchdog, the IAEA, didn’t As a matter of fact, they are AWOL, that children are starving and that our even know about Iran’s nuclear facili- AWOL, absent without leave, on the country is experiencing all these hu- ties for 18 years. Then in 2003, after critical issues of terrorism and inter- manitarian crimes, and, as a result, we Iran’s program was exposed, Iranian national security. They will not stand have got to kick the oil revenues back activists and the IAEA confirmed tall. in. Iran’s violations, it took another 3 On the issue of human rights, what a What happens is the $64 billion worth years for the issue to even reach the disaster the human rights activities of of oil revenues which Oil-for-Food was Security Council. Russia and China the United Nations are today. They supposed to send through a New York served as Iran’s linebackers on the gov- have put the fox in charge of the hen escrow account and on back for human- erning board of the agency, refusing to house. They have let some of the most itarian needs, and the administration allow Iran’s infraction to be reported egregious human rights violating coun- associated with getting the money to the Security Council until earlier tries play a prominent role in human back there. And the way the thing this year. The latest IAEA report de- rights decisions by the United Nations. ended up getting corrupted, it goes tails Iran’s many violations, such as How absurd is that? I yield to Mr. through Jordan and Lebanon and other the existence of uranium metal designs MCCOTTER. countries and other accounts and back that can only be used for nuclear war- Mr. MCCOTTER. Mr. Speaker, I to Iraq, and this is what happens with heads. Moreover, it also raises many thank the gentleman. I am very happy, the money: military equipment, weap- unresolved questions about Iran’s nu- too, with Mr. Shawn producing this ons from Belarus, Bulgaria, China, clear capabilities as a whole. book, because I hope it brings light to France, India, Jordan, Russia, Poland, ‘‘Despite the crisis, Russia and the problems at the United Nations. I North Korea, South Korea, Syria, China, whose economic interests clear- would also like to thank the gentle- Ukraine and Yugoslavia. He bought ly lie in protecting Iran, have already woman for her kind remarks about it. with all that the military arsenal to castrated the Security Council by de- Just because we are loquacious does put himself back on his feet in the claring they oppose sanction, creating not make us eloquent. And you cer- nineties. the impossibility of full council-backed tainly know how to make your point. And who was co-opted into believing action. Even a legally binding Chapter Aside from the international rami- all that? The United Nations, very eas- 7 resolution would not result in a vote fications of the United Nations corrup- ily. How were they? Well, kickbacks. for sanctions, a naval blockade or tion, it would be very simple for Amer- Bribes. A methodical effort to make other action against Iran. It may re- icans to say, well, what is the problem? sure that the very people that could ex- quire another coalition of the willing We know that the world is not perfect. pose this or stop this were all somehow to effectively deal with what the Secu- We know that an amalgamation of na- on the payroll. rity Council is unwilling to achieve.’’ tions is not going to always act with

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5551 the proper rectitude that is expected or tinue to subsidize heavily a corrupt po- yield to the gentlewoman from North the proper perspicacity that is required litical machine. I do not think it is Carolina. under an international crisis. wise for us to subsidize it at all. I think Ms. FOXX. Mr. Speaker, I thank Mr. Many people in my district and that we should terminate it if it proves WAMP. I appreciate that very much. I throughout America will say to them- that the reforms that we are trying to would go even farther than you have selves, well, the U.N. is corrupt. That achieve are impossible. gone in terms of talking about the is not news to us. We are not surprised I think it is imperative that we con- amount of money that we have put that champagne-sipping, caviar- tinue to demand accountability from into the United Nations. chomping globalists are making a mess them. But I think it is also important, I think that we should lower com- of the jobs that we have entrusted to as Mr. WAMP from Tennessee and Ms. pletely, to a very low amount, what we them. FOXX from North Carolina and others give to the United Nations. And if we But there are several points that are are trying to do, is to make the Amer- cannot get other nations to increase important. Even if we are tempted to ican public aware that this is not some the amount of money that they give, shut out the ramifications for the esoteric exercise in international law. then I think that we should seriously world of the United Nations corrup- This is a direct threat to your sov- think about withdrawing from the tion, let us remember that we are pay- ereign, inalienable constitutional United Nations altogether. ing for it. The United States taxpayers rights as an American citizen. It is such a corrupt organization. It are the largest contributors to the If we do not demand accountability does so little for what it should be United Nations. from the United Nations, if we con- doing, that I think that it is something Now, by any objective measurement, tinue to allow the United Nations to that we definitely should give some this is not a sound investment for the believe itself, as a self-aggrandized har- thought to. American taxpayers, given the current binger and herald of a new world order, I want to go back. You mentioned circumstances occurring at the United then we will feel the ramifications not the Malloch Brown speech. I really Nations, anymore than I would say only in places like North Korea and want to talk just a little bit about that, because I think that Malloch that in 1900 Tammany Hall was a wise Iran and Iraq, we will feel those rami- Brown’s speech and the comments that investment for New Yorkers. fications in Iowa and New Hampshire My concern also is that these very he made are an indication of the fact and Idaho. people, not content with their misfea- That is why we are engaged in this that the members of the United Na- sance and malfeasance internationally, discussion tonight. It is not only to tions, people at the United Nations, are now wish to do something about your decry and curse the darkness of the totally out of touch with the world. sovereign rights as an American cit- You described the little spot of past, it is try to light a candle upon the izen. ground that the United Nations sits on. unsavory activities of the United Na- The U.N. continues to like to use I have been there too, went there last international treaties, and as many of tions, to try to engage the American year for the second time in my life. I you know, when the United States public with an awareness of the real- went there as a young person to visit signs a treaty, that treaty has more ties of the consequences to them the United Nations, you know, think- weight than statute, has more weight should U.N. reform not occur; again, in ing again idealistically about what the than State laws. They like to engage in our own way, to try to start the jour- United Nations did. coming up with conventions and con- ney of the thousand miles that is U.N. I went there and took my grand- ferences to come up with treaties that reform, and put that organization back children to show them the United Na- nations can sign and then be bound by on a track that will serve the people of tions and get them to get a little bit of and, consequently, their citizens gov- the United States, that will serve the sense of what it is. But those people erned by. citizens of other nations, and will who come here from other countries I The United Nations has such incen- again rekindle Franklin Roosevelt’s think really, really are out of touch. I tives to deal with your second amend- dream for that organization. want to make a couple more comments ment constitutional rights. They have Mr. WAMP. Mr. Speaker, I thank the about what Malloch Brown said. I find conventions that they would like you gentleman for his participation and his it so ironic that he would come in and to sign to help reduce your ability to contributions to our country. He is one criticize the American people. raise your own children as you see fit, of the most articulate Members of the We are the only superpower in world. to intrude upon every aspect of Amer- U.S. House of Representatives, very We are undoubtedly the most success- ican life. bright man. I am grateful for his lead- ful country in the world. And yet we I think that that is insane for us to ership. He talked about the U.S. paying are criticized by the Malloch Browns of continue to fund an organizations that 22 percent of the overall dues to the the world, by almost everybody in the would like to destroy the Republic’s United Nations, and 27 percent of the United Nations, for what we do. I find consent to be governed through inter- peacekeeping operations around the it so ironic that we provide so much of national convention while they make a world. the money for the United Nations. nice buck off of doing it, and get to You know, China has the same Secu- When you look around, you see that travel to all of the places that they rity Council power at the United Na- we are the most successful country in like to frequent and hold these conven- tions as the United States. China pays the world, and how these people can tions, and, might I point out, not one 2 percent of the United Nations dues. come in and criticize us for what we do. of them is in Darfur or in North Korea. So at the very least, one of the reforms I want to say, our Ambassador Bolton The ramifications to the United should be Security Council reforms on said, it was a criticism of the American States taxpayer in terms of their pros- the balance of power. people. I think that that is absolutely perity and in terms of economy of Because, frankly, again I have been true. measures by the government, as well as to the United Nations several times. He criticized our people. I think that in terms of their inherent sovereignty They do not treat the United States that is such an affront to us, and I itself, is endangered by a corrupt orga- well. And I do not understand why. I think the American people understood nization that is bent on its own aggran- know there are a lot of excuses why. that as an affront. And he chastised the dizement at our expense. But I will tell you this. We are footing Bush administration because we had It is often frustrating to me, as some- the bill and many other countries are not constructively engaged the Amer- one who came out of Wayne County not. And the ones that have the same ican people in what good things the Commission, the Wayne County Gov- kind of veto power through the Secu- United Nations was doing. He is telling ernment, which is very much like Cook rity Council need to be carrying more us we are too inadequate to explain County, Illinois, and politics in Chi- of the weight, especially when you con- that. cago, as one of the few Republicans sider the gross trade imbalance that Well, the American people are very who got to watch a machine, a political our country now has with China. smart people. We are the smartest peo- machine at work. It is not exactly like China needs a ple in the world too, I think. They un- Mr. Speaker, I do not think it would lot of help financially, they need to derstand, rightfully, if the United Na- be wise for the United States to con- pull their weight. So I am prepared to tions was doing what it was supposed

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5552 CONGRESSIONAL RECORD — HOUSE July 20, 2006 to be doing, its work would stand for peace and security and sleep com- sure that it is affordable for families. itself. That is the kind of thing that we fortably at night, we better not put our So many families are going to be send- Americans understand. faith and trust in the United Nations. ing their children off to college this I think that it is, aside from the fact Put it in the men and women in the fall. Some will not, because they can’t that he was injecting himself into the uniform of the Armed Forces of the afford it. political life of this country which he United States of America and our allies Student loans have gone up. Student has absolutely no business doing, he who are willing to stand against tyr- aid has gone down. It is important that really insulted the American people. anny and terror and destruction. That we look at that as it relates to building And he insulted us. is the last best hope for freedom, not the next generation of leaders and I want to say that my recommenda- the United Nations. making sure that we have an educated tion would be on the United Nations, f America, to make sure that parents they are going to come to us and say and grandparents are able to see their they need a lot of money to renovate b 1815 children or grandchildren do better that old building up there. My rec- 30-SOMETHING WORKING GROUP than what we have done academically, ommendation is that they take the because of affordability, and also ac- United Nations to the Sudan. They The SPEAKER pro tempore. Under cess. build a building in the Sudan, and they the Speaker’s announced policy of Jan- Also making sure, ensuring that re- move the entire United Nations to Af- uary 4, 2005, the gentleman from Flor- tirees can retire in dignity, protecting rica. ida (Mr. MEEK) is recognized for 60 min- Social Security, making sure that it is Then I would like to see how many of utes. not privatized, making sure that it is those people who are currently serving Mr. MEEK of Florida. Mr. Speaker, it here for future generations is our goal. in the United Nations would like to is an honor to address the House here We want to make sure we are able to move there and use their expertise to on this Thursday evening. As you do that and being able to place Amer- help Africa get out of the poverty that know, the 30-something Working Group ica in a new direction. it suffers. I do not think you are going comes to the floor daily to not only Also, something that the Republican to see many of those people want to go share with Members of the House, but majority has failed to do is pay as we there. They come here and they like to also with the American people, issues go, making sure that whatever we in- live the life that they live in the that are facing our Nation and things vest in that we show how we are going United States, but they do not want to and ideas that we have on this side of to pay for it. I think it is very, very respect what we do in the United the aisle that can assist us in moving important. States and how we have gotten to this country to a new direction. Mr. RYAN and I here this evening will where we have gotten. Here in the House, as you know, we point out a number of these issues that I want to thank Congressman WAMP have been sharing, not only with the are not being addressed. But we have for bringing this Special Order here to- Members, but also with the American already made a commitment to the night. I think you are right. We need to people a plan for a new direction for American people in talk about this. What is going on in the America, and a new direction that will housedemocrats.gov, in our commit- Middle East right now is because of the be helping a number of Americans in ment of putting America in a new di- failure of the United Nations, not the their everyday lives, making sure that rection, making sure that we meet the failure of the United States, not the we have affordable health care, as it re- needs of everyday working Americans. failure of the Bush administration, not lates to fixing the issue on prescription So with that, Mr. RYAN, if I can, I the failure of President Bush. It is the drugs and as it relates to costs, also would be more than happy to yield to failure of the United Nations to keep dealing with issues such as the min- you, sir. It is once again a pleasure to peace in this world. imum wage, making sure that Amer- be on the floor with you, to be able to Mr. Speaker, I think we need to keep ican workers are able to receive an in- hold a flag with the 30-something the pressure on them to reform the crease, just like we have received an Working Group, to make sure that we way they do things, and if they do not, increase here in the House of Rep- share with the American people things I think we need to get out. resentatives over a period of a number that we are working on, will try to Mr. WAMP. Mr. Speaker, I thank the of years, year after year. We will talk work on and will, if given the oppor- gentlewoman for all she contributes about that a little further. tunity to, do so. here in the House of Representatives. As you know, we have a plan here in Mr. RYAN of Ohio. I thank the gen- Let me say in closing, this is not now the House, where we have been not tleman. I always enjoy our afternoon a far-out wild kind of a position that only calling for a vote, but asking the sessions here much better than the late we are taking. Republicans to join us here and in- night sessions that we normally have. You know, I am a very reasonable crease the minimum wage. But you made a point earlier that I person, with friends all around the We want to increase it to $7.25 an think we need to expound upon, that is, world. The last 12 years I have, through hour. It is now $5.15. There are millions the issue of debt and balancing the the National Prayer Breakfast and of Americans that are still, since 1977, budget. You mentioned PAYGO. other ways, engaged friends all around not able to see an increase in minimum One of the fundamental issues we the world. I am very much for us being wage. need to get our hands around, as the engaged in the world, investing in the Also cracking down on price gouging, country blesses us with the majority in world. This is not a close-minded kind we have talked about that, we have the fall, is that we have got to figure of a position. This is not a paranoid po- tried to pass legislation on that. The out what we are going to do with this sition. This is looking at the facts, Republican majority has blocked us tremendous debt that we have. really analyzing the bottom line of the from being able to do that. We have, as a country, borrowed United Nations. It is not meeting its The simple fact is, Mr. Speaker, the more, and you have a great poster up mission. It has become ineffective, in- majority actually wins here in this there, we have borrowed more from for- efficient. It has lost credibility. The House. Right now, that is the Repub- eign interests in the last 5 years than very people that are criticizing our lican majority, and it is important every President prior to George W. country are enjoying the multimillion- that folks understand that that is the Bush has in the last 224 or 225 years. dollar townhomes they live in in Man- case, and that we have the will and the That’s a lot of money that we owe hattan. They enjoy the fruits of our desire to lead in that area and making Japan, China, OPEC countries. free enterprise system, but they do not sure that American people are able to We don’t have the money to be giving recognize the human rights and the re- receive an increase in the minimum the tax cuts that we have, war spend- sponsibility. wage. ing, military spending. We don’t have The original charge of the United Na- Another issue, in putting America in that money so we go out and borrow it. tions was to ensure international peace a new direction, is making sure that we It is very important that we will do as and security. So I would just say if we cut costs as it relates to student loans, a Congress, and the first few days that want to be guaranteed international cut interest rates in half and make we are here as a Democratic majority,

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5553 is reimplement the PAYGO rules that I asked for another chart to be made, Mr. RYAN of Ohio. What this really were in place. Pay-as-you-go. so that you can have a chart and I can illustrates is our plan, as we have it That basically means that as we pass have a chart. We can talk about what here before I get into the homeland se- a budget that we will not spend any is happening here. curity, our plan is, as we begin to rein money that we have to go and borrow. In all seriousness, I think it is impor- in the spending from the Republican You either find the money from an- tant that when you look at the inter- Congress, cut out the corporate wel- other program, or you go and raise the est, you can almost, as it relates to the fare, with the Medicare part D, all the money somewhere else. But you don’t blue, invest in education three times major subsidies that are going to all just spend money on a program and what we are paying on the debt. the big pharmaceuticals and health have to go to China in order to ask When you look at homeland security, care industries, what we want to do is them to loan you money in order to you got folks as well up here on the we begin to move towards balancing fund it. That is a fundamental dif- other side of the aisle talking about we the budget, reducing this payment here ference that the Democratic Party ad- have got to protect America. You have in the red, and then we have money to heres to as opposed to our friends on another chart. I wish you could pull invest in lowering college tuition costs, the other side. that other chart out, because folks making sure health care is affordable With all due respect, their rhetoric is need to understand what we are talk- for all of our citizens, making sure we right on, balanced budgets, rein in gov- ing about, because that is what we do raise the minimum wage. All of these ernment, smaller government. The here in the 30-something Working things are going to fit into our long- rhetoric is all there is. If you look at Group. We have third-party validators. term economic plan that the Demo- the actions over the past 5 years, when That is the chart right there. I don’t cratic Party has. you are borrowing so much money have one of those. We just need to control the levers of from China and Japan, you have got to Mr. RYAN of Ohio. I will get you one. government here to make sure that Mr. MEEK of Florida. But you look pay interest on it just like your car or happens. This is exactly how we are at that, and then when you look at vet- your home. going to go about it. erans, and this second chart is so that So this chart highlights for us the One of the other things that we will we can take it. We can leave that chart difference between the Democratic pri- invest in, my good friend, and I think on the floor. Because when we start orities and making sure you have it is important to make this point, just talking about a Republican majority money that you can spend, or not in the first few days when we get in, making history in all the wrong ways, spend, as opposed to going out and bor- think about it, raise the minimum this chart needs to go with us through- rowing it. This is the chart that high- wage and reduce the loans, the interest out this Capitol. lights all of this. on the college loans, by half. Do you know what we need to do? We So for the parent loans and the stu- The big red bar on the left is what we need to put this chart and that chart, just pay on interest, on the debt, just dent loans, in the first day or two that just like this one, outside of our office. we are here, we will cut the interest interest. This isn’t paying down the That is what we are going to do. All rates on those loans in half. You will principal at all. This is just for inter- next week, this chart and your chart save thousands of dollars over the life est, 230 or $235 billion will be spent in that looks just like it, we will get an of your loan, about $5,000 for the aver- 2007 just paying down the interest on easel and put it outside of our office. age loan. We will raise the minimum the money that we have borrowed. Mr. RYAN of Ohio. Then when we wage, and that is for a single mom who It pales in comparison to the Presi- come down here, we will just take the works for minimum wage, who lives in dent’s budget for 2007 in education, chart from our office and carry it down poverty right now. That is unaccept- homeland security, and veterans. So we here. able in the United States of America. need to ask ourselves, what do we be- Mr. MEEK of Florida. Bingo. Vet- Another thing that we will invest in lieve in as a country? Do we believe erans, I have a lot of veterans in my that this administration and the Re- this is the right way to go? Do we be- district. I am going to tell you right publican-led Congress have failed to lieve that this is how we want to ad- now, Mr. RYAN, they are hurting. They address is the issue of border security. minister government, or do we believe are hurting because they are having to These are facts that we are going to we need to put back in the PAYGO wait several weeks to see the ophthal- show you here. When you compare, be- rules, put them in place, make sure mologist or podiatrist or whatever the cause I think again the rhetoric on the that this Congress, regardless of who is case may be, because there is a back-up other side is right where it needs to be, in charge, or who is in the White at the veterans administration. In but the reality is something drastically House, cannot go out and spend money rural America, which I don’t represent, different. If you look at here, Clinton, that we don’t have? I represent a very urban area, Dade and and these are all comparing President Now, what is frustrating for those of Broward counties, two of the most pop- Clinton and what he was doing under us in the 30-something Working Group ulated counties in Florida, that vet- his term, two terms, and what hap- is that we are going to spend a good erans clinic is only open two and three pened under President Bush and trying part of the next decade trying to repair times a month. to compare, the average number of new some of the major structural damage Veterans have to wait to go in and Border Patrol agents added, per year, that this administration and this Re- get what we told them we would give under the Clinton administration, the publican Congress have caused. That is them, because they put their life on average was 642 Border Patrol agents the botto line. It is not trying to em- the line, some of their friends laid their per year. bellish what the problem is, but this is lives down for us to salute one flag Under the Bush administration, 411 it. here today. But better yet, the Repub- per year. It is one thing to say you are When President Clinton was in, and lican majority is still going out, put- for protecting this country from illegal the Democrats passed our budget in ting it on a credit card, putting this immigration, and it is another thing to 1993, without one Republican vote, that country in debt that we have never do it. Under President Clinton, we were balanced budget led to surpluses and seen before. able do it under his leadership. created over 20 million jobs. But even better, yesterday, they talk Fines for immigration enforcement, Mr. MEEK of Florida. I have a chart about, well, we have done this in home- through the INS, in 1999, under Presi- just like your chart. We have two of land security. I think you have the dent Clinton, 417; 2004, three. Three. them. facts there, but because this chart was Completed immigration fraud cases, Mr. RYAN of Ohio. See, last night, so revealing, I want to make sure, and 1995, under President Clinton, 6,455; in you tried to one-up me with the chart, we will make sure that we have this 2003, 1,389, 78 percent fewer. Democrats and now tonight you are copying my out next week, which I think will be understand how to administer govern- charts. our last week in session before we ment and what needs to be done. Under Mr. MEEK of Florida. Well, you break for August, have this out so the leadership of President Clinton, we know, Mr. RYAN, I think the point Members can see it. We definitely want were able to achieve success. needs to be made in such a way and I the American people to know what is I wish we could keep going in the think the point needs to be made, and going on. right direction.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5554 CONGRESSIONAL RECORD — HOUSE July 20, 2006 b 1830 raise, but then you turn around, no in- uals to go to work. They have gone to But, unfortunately, under the Repub- crease for minimum-wage workers. work. They are trying to raise their lican Congress, under the Republican They need to suck it up. families. No one is coming to them and House and Senate, under President We are okay. $3,400 increase, thanks saying, hey, we are going to give you a Bush, this Congress has consistently to the Republican majority; 2004 min- $3,100 raise, we are going to give you a taken the country in the wrong direc- imum wage, no increase, thanks to the $4,700 raise, we are going to give you a tion, and I think it is frustrating for a Republican majority. Members of Con- $4,100 raise, we are going to give you a lot of people because I think the rhet- gress, $4,000, hey, it is a wonderful $3,900 raise, we are going to give you a oric is there. thing; minimum-wage workers wish $3,100 raise, and we are going to give The numbers for 2004 have come in, they can go to work and say, hey, guess you a $3,600 raise, and next year you and a lot of our friends on the other what I want, a $4,000, I know you just are going to get another raise and the side want to tell us how great the econ- gave me one last year, I want another year after that you are going to get an- omy is doing. I invite all to come back one this year; 2005, zero for minimum- other raise. These folks are making to my district where we have thou- wage workers. 2006, $3,100 proposed for $5.15 an hour and we are saying suck it sands of Delphi workers and thousands Members of Congress, and if it is like up. of General Motors workers and steel- previous years, this is what it will be; Well, on this side of the aisle, we workers and people who are not doing 2006, zero as we stand here today. have said we are not going to vote for so well, and an increase in the min- So as people start talking about, an increase in the Members of Congress imum wage would affect them. well, you know, the economy is doing pay until the American people get a But the numbers have come in from great on the Republican side. Oh, do raise; and in our new direction for 2004; and in 2004, the top 1 percent, you not know this is great. The indica- America, Mr. Speaker, we are calling their real income grew by 17 percent tors of the indicators say it is going to for $7.25 an hour. If we have the oppor- for the top 1 percent. Same people that be a great year for Members of Con- tunity, this will not be a Special Order 1 get the corporate welfare, same people gress and for the top 1 ⁄2 percent or 1 floor speech talking about what we are that get the tax cut, real income grew percent of those individuals that are going to do, like this is some prize by 17 percent. The bottom 99 grew by millionaires. For these big-time oil ex- fight and someone says once the fight ecutives that are with the $398 million 11⁄2 percent. happens, I am going to win. Is there economic growth? Yeah. The retirement package, it is going to be We are making it a promise that one problem is it is not affecting every- great for them. of the first actions that we take if we body. The problem is it is just 1 or 2 It is going to be great for the oil in- are in the majority when it comes after percent of the people. Even upper-in- dustry after they had that meeting the November elections, and we get over in the White House complex come people, upper-middle-class people here in January, the minimum wage as thanks to the rubber-stamp Congress. did not benefit from real wage growth it relates to this House will be raised They made the energy policy there, like they should have. to $7.25 to help everyday American rubber-stamp Congress approved it, and Mr. MEEK of Florida. It is so lop- workers and not just help ourselves. sided and so one-sided. Of course, Mr. look at these profits for big oil compa- Mr. RYAN of Ohio. And the bottom Speaker, Members of Congress would nies: $34 billion profits in 2002; 2003, $59 line with the minimum wage is that billion; in 2004, $84 billion; and in 2005, come to the floor and say, oh, the econ- the increase in the minimum wage is $113 billion. omy is doing great, what are you talk- good for the economy. In 1997, when it Now, I am not on the floor as a ing about? I do not know what these Democratic Member of Congress com- was raised, there were 11 million new folks are whining about that are mak- plaining about things not going my jobs that were created after the in- ing $5.15 an hour; I do not know what way. Well, guess what. It is not about crease in the minimum wage, 11 mil- their problem is. Why are they talking my way. It is about the American way, lion new jobs. States that have a high- about an increase in the minimum and no one tells you, no one says when er minimum wage than the Federal wage? Matter of fact, what is the min- you pull up to the gas pump, hey, you minimum wage have an increase in imum wage? over there, let me see your party affili- business start-ups, an increase in sales, Well, let me just say this, they would ation. Are you a Democrat or a Repub- retail sales, because it is a different not know because the Republican ma- lican or Independent or do you vote at philosophy. It puts the money in the jority has not raised the minimum all? No, they tell you that gas is $3.24. pockets of the consumers and allows wage since 1997. Zero since 1997. The Meanwhile, back at the ranch, these them to go out and spend the money, cost of whole milk has gone up 24 per- oil companies are making hand over and that stimulates the economy. cent. Bread has gone up 25 percent. A 4- fist in record profits since the oil in- We have implemented the neocon- year public college education has gone dustry has even been established, ever. servative agenda, and it has not bene- up 77 percent. Health care costs have I mean, since it has been around. fited 99 percent of the American peo- gone up 97 percent, and of course, reg- Mr. RYAN of Ohio. Since there has ple, whether it is foreign policy, the ular gas, and this is just regular gas, been oil. war in Iran, the disengagement in the has gone up 136 percent. Mr. MEEK of Florida. Since there has Middle East, what is going on all over We have Republican leaders that are been oil, since the dinosaurs went down the world or on the domestic side, with here saying in so many words not over and made oil. Okay, this is just where Katrina and the prescription drug bill my dead body am I going to raise the it is. and the stagnant wages and the in- minimum wage. Of course, what are These guys, they are making more crease in energy costs, all of these you talking about? The economy is money than ever before, but guess things. doing great. If you let the Republican what, the American people are paying We have now witnessed what it looks majority tell you that, you know what? for it, and the rubber-stamp Congress, like when the neoconservative agenda In 1998 Members of Congress received on top of them making profits, are giv- is implemented, and just look around. $3,100 in a raise. In 1998, no minimum ing the taxpayers’ money away and If you want to know what happens, just wage increase. In 2000, $4,600 raise for telling the minimum-wage workers to look around. You see it. Members of Congress; in 2000, min- suck it up. What we are trying to say is an in- imum-wage workers, zero. 2001, $3,800 You want a minimum wage? We have crease in the minimum wage, cutting increase, just got one the year before, got leaders in Republican conference student loans in half, implementing Members of Congress; 2001, zero for that are saying minimum wage, please. the 9/11 recommendations, shoring up minimum-wage workers. 2002, $4,900 in- But meanwhile, back at the ranch, our border security, these are things crease, we just had an increase, but they have been getting a raise. We have that we are going to do; and we have a you know this is not good enough. all been getting a raise, year after year long history in our party of doing it, $4,900 increase; 2002, of course, zero. after year after year after year after and we will continue to do it when we 2003, Members of Congress, $4,700, who year after year. take over. believe it is kind of good when you can Minimum-wage workers punch in and But it is important to recognize that press the button and give yourself a punch out every day. We ask individ- the statistics are there regarding the

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5555 minimum wage. We could sit here and talking about, I do not know where it lican majority. If I was an agency de- make moral arguments all night long went; it came to us. partment head or secretary or someone because it is, it is the morally right Mr. RYAN of Ohio. You know what confirmed by the Senate, I mean, when thing to do; but at the same time it is Mr. TANNER’s bill says, it is our bill, it I look at my chart here, when I look at good for the economy and it is good for says that if you are the Secretary of $1.05 trillion in borrowing from foreign people all over the country, and I think the Department and you cannot pass nations, dethroning 42 Presidents, 224 the more we recognize that, the better these audits, then after a couple of years of history where they only bor- off we are going to be. years, you have got to come back be- rowed $1.01 trillion, how in the world I want to make one more point. When fore the United States Senate and you could I rein in a department head you talk about this 7 million people have got to get confirmed again be- where I have endorsed this, in the tril- who make minimum wage and the cause you are not doing your job. lions of dollars, $1.05 trillion in 4 years underclass and the people all over our We are trying to run a government alone. It is almost like me calling my country who are living in poverty, and that is based, it looks like it is 1950, children into the room and to say: the minimum wage would keep you in but society has moved forward. Society You’re doing the wrong thing. You’re poverty if you work 40 hours a week has decentralized, and the Republican eating at 11 o’clock at night. You’re and you are a working mom, we only Congress, they are like dinosaurs that going to get heavy. You’re going to get have 300 million people in this country. just do not recognize the changes that sick. We are competing with billions of peo- have come in the world and have not They say: Well, Dad, look at you. ple around the world, 1.3 billion in done the due diligence necessary to re- You have eight gallons of ice cream sit- China, 1 billion people in India. We form government. ting right in front of you. How can you only have 300 million. I mean, you can say, well, here is the talk to me about not eating at 11 So we have got to go to great lengths Democrats making this up again. We o’clock at night and eating too much to make sure that all 300 million that do not have to make anything up. Look sugar? are physically and mentally and emo- how FEMA worked with Katrina. Look How in the world can the Republican tionally capable so they can be on the at how after the military portion of the Congress go to these department heads field playing for us. war in Iraq, look at how we have done who can’t find $24 million that are This is what an increase in the min- after that, not only losing money but missing in their agency and they have imum wage does. That is what cutting not achieving the objective, not really borrowed, here in this Congress, $1.05 interest rates on student loans in half, having an objective, to having a big trillion, record breaking, from foreign that is what that does. That is when problem there, too. nations. you look at the Democratic Party’s In- b 1845 I am not going to even spend time novation Agenda, creating incentives As Newt Gingrich said last week on taking the stuff off because I wish I for venture capital and research and all Meet the Press, with all that is going had time to deal with it but I don’t. of these things that we are doing, on around the world, our bureaucracies The bottom line is these are the coun- broadband access for all Americans in do not have the capabilities of handling tries that own a part of the American the next 5 years, when you look at all these situations. State Department, apple pie because of the mismanage- what we want to do with alternative Pentagon, Department of Defense, all ment of the Republican majority. That energy sources, my God, we cannot just of these. Come on. We need to reform is the bottom line. You see the coun- reject science outright. this government and we don’t have tries. I don’t need to call them out. Let us turn it up. You know, let us time to wait. They are buying our debt. If you came get America focused on an alternative Because if there is going to be a ter- to me and said, my good friend, can I energy plan, and we can do that and rorist attack in the United States of borrow $50 from you? I consider us good that is doable; but we need the leader- America, it is not going to be like friends, but if I loaned you $50, our re- ship here in Congress and the re- Katrina where we have 5 days where we lationship is now changed. Even if you sources. Instead of going to the top 1 could watch it on the Weather Channel pay me back, which I think you will, percent to give them a tax cut, we and know it is coming. This govern- within 5 or 6 days, our relationship has should be focusing on what is the next ment needs reformed and it needs re- changed because you have asked to generation of alternative energy going formed immediately and that means borrow some of the money that I work to be. getting to the bottom of things. That hard for, that I can spend on issues Let us implement the recommenda- means getting all the facts necessary. dealing with my family. tions from the 9/11 Commission. Let us That means calling hearings. These countries have bought our secure our ports. We can do all these What that also means, Mr. MEEK, is debt. The relationship has changed, things; and at the same time as we are that some people are going to get em- thanks to the Republican majority and doing this, we have to talk about what barrassed. Maybe people just need to the White House. $1.01 trillion, 224 Mr. TANNER came down here a couple come before Congress and say, ‘‘Mr. years, Mr. Speaker, of the country’s of weeks ago to talk about with us, MEEK, under this system, no one could history, 4 years under the Bush admin- DENNIS CARDOZA from California, his do this job.’’ Maybe that is the case. I istration and the rubber-stamp Con- piece of legislation, that says we are will give you the benefit of the doubt. gress. You dethrone 224 years of his- going to audit, we are going to audit You appointed equestrian attorneys tory, of borrowing from foreign na- the Federal Government, and we are and all this other stuff to key posi- tions. We borrow a record number and going to make sure that there is no fat, tions. Yes, there has been a lot of cro- these are the nations: Japan, China, no waste, no abuse, no misspent funds, nyism here, let’s not make any mis- the U.K., the Caribbean, Taiwan, OPEC no misappropriated funds, no take about it. And it cost lives and nations. Who are the OPEC nations? misallocated funds, and frankly, like in money during Katrina, bottom line. Let’s just go down the list because Iraq, there are funds missing, $9 bil- But at the same time, maybe there are there are so many but they own $67.8 lion. Nobody knows where it is. good people, hardworking Americans, billion of our debt: Iran, Iraq, Libya, Mr. MEEK of Florida. In Iraq miss- that want to serve their government Saudi Arabia, Venezuela, Nigeria, Ku- ing? We are missing money here. that are trapped in a bureaucracy that wait, Qatar, the UAE. I can go on. Ec- Mr. RYAN of Ohio. I know. was designed in the 1930s or 1940s or uador. I can go on and on and on. Mr. MEEK of Florida. There are 1950s and has stayed there and they Meanwhile, folks come to the floor and agencies, Mr. Speaker, in the millions, can’t work within this bureaucracy. get all swollen and saying, we need to oh, we do not know what happened to Have the decency and the guts to try watch these foreigners and what $24 million. They just write it off like to reform it. they’re doing and how they’re doing it. it is nothing. I mean, you do not even Mr. MEEK of Florida. Somebody The bottom line is the foreigners have to go as far as Iraq. Right here in needs to be embarrassed? Somebody have bought our debt, thanks to you. It Washington, D.C., because the rubber- needs to be fired. is upsetting. It is upsetting to the stamp Congress will not call these indi- Embarrassed? Oh, please. They are point that we have veterans that are viduals in. People are in committee just following the lead of the Repub- out there allowing us to salute one

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5556 CONGRESSIONAL RECORD — HOUSE July 20, 2006 flag, laid their life down, watched their Mr. RYAN of Ohio. I appreciate you is going to be good for the overall econ- friends die, and we are sitting here giv- cutting your answer short. omy. It is going to be good. The more ing tax cuts to billionaires and mis- I agree with you wholeheartedly. If nurses, the more doctors, the healthier appropriating dollars and not providing we don’t recognize and understand we are going to be. The more general the oversight. So how in the world a from A to Z what needs to be done in sense we have about wellness and com- Member of Congress can sit up here, es- reforming the Government to make munity health clinics and putting clin- pecially on the majority side and talk sure that we can respond to the needs ics in our schools and wellness pro- about reining someone in because they of our constituents, we are in the serv- grams and intramural programs and have misappropriated dollars and they ice industry down here. We administer after-school programs, these ulti- don’t know where they are. This rub- programs and we regulate commerce mately lead to healthier, more edu- ber-stamp Republican majority has and we take care of foreign policy and cated, more productive citizens which given the White House everything they we build a military, raise a military, means increased value, more wealth want. And what do we have to show for raise an army. We have that obliga- creation and ultimately a strong Amer- it? tion. I commend you for your passion ica so that we can deal with all of these Let’s look at the Middle East. Let’s and your support and your ideas which complex problems in the world, not look at something as far as the eye can do not go unnoticed. But it is so impor- from a position of weakness. see that folks start talking about an tant for us to recognize when we get I think what you showed with your exit strategy. How in the world can you down here, the few decisions that we map, with all the different countries even come up with a strategy when you will make immediately will have an and the debt that is owed and the net have done it alone and have given the immediate impact on the lives of every interest that we are paying on the White House everything they wanted? American. By auditing the Government debt, we are now in a position of weak- The Congress, well-documented, mis- and by going back to make sure that ness. We need help with North Korea led. You got the White House saying, we can figure out how Government and we go to our bank, China, and ask well, you know, we were misled, too. needs to look and run and be adminis- them for help. You can’t negotiate The President has said, well, as it re- tered and executed in the 21st century from a position of weakness. That is lates to trying to take the training based on an economy that is based on what we are doing right now. So we wheels off the Iraqi government, saying knowledge and information and don’t get any help with North Korea. that they have to provide their own se- science, not necessarily industry and We need help with Iran and some of curity, that’s for a future President to huge steel companies and huge auto these other countries. Everyone who is deal with. He has already punted and companies and big bureaucracies were loaning us money says, go take a hike. said, That’s for a future President to needed to combat and administer and And we hear the utter disrespect that deal with. lift people up. I think to a certain ex- Vladimir Putin showed, not our Presi- Congress, of course, rubber-stamp Re- tent we need to maintain those prin- dent but our country, because our publican Congress, yes, sir, Benny Hill ciples, but at the same time Govern- President is representing all of us, all salute, yes, sir. Whatever you want. So ment needs to change. 300 million, when he goes to the G–8 shall it be written, so shall it be done, There are so many programs that summit. And to have Vladimir Putin Mr. President. have really been frustrating, Mr. basically say, no thanks, we don’t want That is not the case in a democracy. Speaker, that we have seen funding the kind of democracy that you’re try- Bill Clinton did not celebrate that rela- reined in on, the programs that will ul- ing to push in Iraq, that is dis- tionship. Even Bush I did not celebrate timately lead to economic develop- respecting the United States of Amer- that relationship. It goes to show you ment: the manufacturing extension ica. When you look at how people are when democracy breaks down and gov- program, the Small Business Adminis- viewing us around the world, it be- ernance breaks down and you have this tration 7(a) loan program. These are comes very, very difficult to try to pro- rubber-stamp, rally-rally-rally Con- the kind of things that local economic mote the kind of values that we all be- gress, that we’re going to support you development folks can use. We need to lieve in and try to maintain our no matter how bad your policies are, focus on how we export goods out of strength here at home. we’re going to rubber-stamp everything this country. We have been playing a Mr. MEEK of Florida. In closing, we that you do, how in the world can they lot of defense and I think the resent- really have to look at what is hap- rein someone in and have oversight and ment that you feel in places like Ohio pening right now. I know we are doing say, oh, so you don’t know where $24 and Indiana and Pennsylvania and the all that we can do. We have filed legis- million that we’ve given you of the old industrial Midwest is not that lation. We were able to stop the privat- taxpayers’ dollars are and how they there is change, but the country has ization of Social Security by having were spent? Or wasted? You can’t an- the wherewithal to pass free trade over 500 town hall meetings throughout swer that? You’re fired. agreements and begin to compete in a the country. The President burned all The bottom line is we are going to global economy; but at the same time, kinds of Federal jet fuel flying around subpoena you and the rest of the folks we haven’t done anything at home to the country trying to convince people that work in that agency until we find make sure that we have adequate that they need to privatize their Social out where the $24 million has gone. The skilled workers that will be able to be Security. That was very, very unfortu- real issue is this. The American people, employed or create wealth in this new nate. Taxpayers’ money was spent. Democrat, Republican, Independent, society and which we can export and Still the plan was abandoned. someone that is not voting now and is create wealth with business incubators, We also pushed very hard to make now taking interest in what is hap- with job retraining. sure that we pay as we go here on the pening up here in Washington, D.C. has Why is it so difficult for us to get floor. We are still fighting on that as it to have a problem of what’s going on. some of these workers from the auto relates to our Federal spending. You I am just going to say that the facts industry or the steel industry or wher- talk about the tax and spend and what- are what they are. Some nights I come ever it may be into the health care in- ever the case may be. I can tell you to the floor, I say, it’s not even fair. dustry? We have a nursing shortage on that Republicans can’t look in the mir- It’s just too much stuff. It’s too much one hand. We have job reductions in ror here in the House, the majority to talk about. It’s too much to even many other industries. What is the can’t look in the mirror and say that shed light on. We come to the floor and problem? We need 3 million health care they are the example of fiscal responsi- we share the same information many workers in the next decade or so. We bility because I think the history of times because it is so historical. It is need a million new nurses in the next this country will show and this 109th historical in a way to where that decade or so. Government needs to be Congress, and even the Congress before never, never before in the history of nimble enough and flexible enough that, that there has been more spend- this country has it ever been this way. where we could make sure that we ad- ing now than any other time in the his- I know it took me 10 minutes to an- dress these issues. Not because we want tory of this country, especially when swer your question that you put out to do it for the sake of the Government you look at what happened during the there, but I had to put it out there. but because we want to do it because it Lyndon Johnson years versus the Bush

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5557 years. Because right now you are see- said this before on this floor, is that with an amendment in which the con- ing with the rubber-stamp Congress after 9/11, with all of the political cap- currence of the House is requested, a and President Bush that the Lyndon ital that the President had, with the bill of the House of the following title: Johnson administration and the Con- whole country watching him, the best, H.R. 2864. An act to provide for the con- gress at that time has been dethroned greatest most demanding challenge he servation and development of water and re- as it relates to spending. could come up with was for the Amer- lated resources, to authorize the Secretary of the Army to construct various projects for b 1900 ican people to go out and go shopping. You know, that, I think, illustrates the improvements to rivers and harbors of the So I think it is very important that kind of leadership we do not need in all United States, and for other purposes. we look at that. I think it is also im- of these changing times. f portant to look at our plan, America And so our leadership that we pro- VACATING 5-MINUTE SPECIAL going in a new direction, going into a vide from Article I, section 1 of the ORDER new direction, making sure that they United States Constitution, which cre- have representation here in this House. ates this House of Representatives, I The SPEAKER pro tempore. Without And this is for every American, not am excited about the possibilities, objection, the 5-minute Special Order just Democrats, not just Republicans, come January, that we will have, when for the gentleman from Minnesota (Mr. not just Independent, not just individ- we are running this government, at GUTKNECHT) is vacated. uals that have decided to participate in least from the House side and hopefully There was no objection. the political process, making sure that from the Senate side too. f we help working families every day and But like you said, we want to use all HONORING OUR TROOPS IN IRAQ the individuals that are retired and our of the talents, all the creativity, all of veterans and all of the folks that we the ability and intellect that this coun- The SPEAKER pro tempore (Mr. should be fighting for in a very fierce try can muster to make sure we are MCHENRY). Under the Speaker’s an- way. pushing it forward. As you said, with nounced policy of January 4, 2005, the I think it is important that if you alternative energies and investments gentleman from Minnesota (Mr. GUT- folks really want to look at making in education and getting creative with KNECHT) is recognized for 60 minutes. sure these oil companies no longer how we are going to create wealth in Mr. GUTKNECHT. Mr. Speaker, it is price gouge Americans, making sure the 21st century, through business in- my pleasure to be here on the House that we have affordable health care and cubators and some of these small busi- floor tonight to report to my col- prescription drug care, making sure ness programs that we have that can go leagues and those who may be watch- that working families are able to make and help and retool small businesses ing what I learned over the last long a livable wage, that is something that that don’t have the wherewithal to pay weekend. I was privileged to go with we are working very hard on. $1 million for consultants to come in. Chairman PETE HOEKSTRA of the House We are going to start with the min- We have a public program that allows Intelligence Committee to Iraq. It was imum wage, moving that to $7.25 from businesses to retool themselves for 80 my first trip to Iraq. It was a very eye- $5.15, making sure that the Congress or $90,000. And I have had people in my opening experience, Mr. Speaker and doesn’t give themselves another raise. office who have experienced this pro- Members, one that I won’t soon forget. And the Democratic leader and the gram. It led to tremendous job growth Before I get started talking about Democratic whip and myself and a here in the United States. that trip and some of the lessons that number of members of our caucus have So there are things that we can do. I learned while we were there, I would said, no increase for Members of Con- And I think it is an exciting time for like to start with a quote. And I will gress until the American people get an all of us. And I very much look forward come back to this later. The quote is: increase. to us doing this in January. ‘‘Do not try to do too much with your And also, what Mr. RYAN talked www.housedemocrats.gov/30something. own hands. It is their war, and you are about a little earlier, Mr. Speaker, cut- Mr. MEEK of Florida. Mr. RYAN, it here to help them win it, not win it for ting the student loan interest rate in was a pleasure being on the floor with them.’’ I am going to come back to half so that it can be affordable for you this evening. As you know, we that quote later, Mr. Speaker, because folks to go to college to be able to want to thank the Democratic leader I think it says so much about some of make a stronger workforce for us. Also, for allowing us to have this time. the things that we learned while we as it relates to tax breaks for those We also would say that it was a were in Iraq. Most importantly, I will that are paying for college. pleasure addressing the House come back and tell you who it was that I already hit the issue on preventing originally said that. f the administration and those here in The first thing I want to say tonight, Congress from privatizing Social Secu- PERMISSION FOR COMMITTEE ON though, is an enormous thank you and rity. And I think it is also important THE JUDICIARY TO HAVE UNTIL congratulations to the brave Ameri- for us to note that all of this is on our MIDNIGHT, JULY 21, 2006, TO FILE cans who serve the United States in Web site with our energy plan, our real REPORT ON H.R. 2965, FEDERAL uniform. security plan as it relates to protecting PRISON INDUSTRIES COMPETI- When you get off the plane in Bagh- America, and our plan on investing in TION IN CONTRACTING ACT OF dad, you realize what they have to put the Midwest versus in the Middle East, 2005 up with, particularly during the sum- of E85 and other alternative fuels. Mr. KING of Iowa (during Special mer. When the door opens on that Mr. RYAN of Ohio. I will give the Order of Mr. MEEK of Florida). Mr. plane, it is like opening the door of an Web site. In closing, I would just like Speaker, I ask unanimous consent that oven. And there to greet you are bright to say that when you look at the his- the Judiciary Committee be permitted young Americans, and they are in full tory of the country, being an American to file a committee report to accom- uniform, helmets, heavy flak jackets. really is an adventure. We have seen, pany the bill, H.R. 2965, no later than And I don’t know what the tempera- from the inception of this country, midnight on July 21, 2006. ture was, but it was the hottest I have that there have been tremendous chal- The SPEAKER pro tempore. Is there ever experienced in my life. And those lenges. But tremendous leaders and he- objection to the request of the gen- are the conditions under which our roes abound in the country, all over, in tleman from Iowa? brave Americans do their business the public sector, in the private sector, There was no objection. every day. And it is not just that they in education, in science, in medicine. f do it for 8 hours a day with long We have seen and produced some of the lunches and coffee breaks. The folks greatest individuals in the history of FURTHER MESSAGE FROM THE over there are working 12 hours a day the world, and being an American is an SENATE and, in many cases, 7 days a week. And adventure. A further message from the Senate I don’t think there is anything that we The most frustrating part, I believe, by Ms. Curtis, one of its clerks, an- could say here in this Congress which in the last several years, and we have nounced that the Senate has passed would ever adequately express the

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5558 CONGRESSIONAL RECORD — HOUSE July 20, 2006 thanks that we have for the sacrifices to the brave Americans like that unit You know, the U.S. military, I think, that they make for serving this coun- from North Dakota. is unmatched in the world and perhaps try. We also had a chance to visit a field in the history of the world in terms of I should also say a very special thank hospital there, and it was kind of iron- the execution of conventional war. you to their families. The ones that I ic because one of the people that we There is little doubt that we have no met and the ones that I was able to met there was someone that I already adversaries in the rest of the world who talk to probably had more to say about knew. He was one of the top surgeons can match the firepower, the training, their families and wanted to make sure at the Mayo Clinic, and I am privileged the technology and, most importantly, that they knew that they were okay to represent Rochester, Minnesota and the professionalism of the Americans and that they were doing their jobs and the Mayo Clinic. Dr. Mike Yaszemski. who serve us in uniform. No one can that they missed home. But more im- And Dr. Yaszemski was there and had really challenge the United States in a portantly, many of them said that they been in Iraq since about the Fourth of conventional war. really felt that they were doing some- July, and he and some of the other sur- b 1915 thing that was important there. geons told me that they had been up So I want to, first of all, just recog- since 2:00 that morning, performing But as we toured around Iraq and nize the professionalism that we saw surgery on five folks who were involved went to several of the bases and, more importantly, as we spent time in Bagh- every step of the way. When we left Ku- with an IED that night. wait, we were flying on a C–130, and I And later we got to go in and visit in dad, it became obvious to me that the was lucky enough to get the long the hospital there with some of the sol- security situation was not what I had expected. As a matter of fact, we had straw, so I got to sit up in the cockpit. diers who had been treated. And one of to fly in helicopters, Black Hawk heli- And the young people who were flying them was more than happy to tell his copters, to fly from the airport into the that plane, and I almost called them entire story. And while they were pin- Green Zone. And it had been my under- kids, because I don’t think even the ning the Purple Heart on the sheet on standing that one time people who pilot was 30 years old, but they were his bed, he told his entire story and were coming to visit, like myself and among the most professional pilots and what it was like to go through one of the rest of our delegation, could actu- crew that I have ever had the privilege these IED explosions. Perhaps the most ally drive into the Green Zone. But to fly with. moving moment, though, was, as he somebody told us that it is now the As we got closer to Baghdad, all of a was telling his story, how the Humvee most dangerous highway in the world. sudden this young pilot and all the that he had been in had essentially And somehow after 3 years and over crew became very animated and they been blown about 150 feet off the $332 billion, I guess I was somewhat were paying a lot of attention to what ground, and I can’t remember whether surprised that the security situation in was happening on the ground. And I it was he came down upside down or Baghdad was as bad as it is. And, again, quickly figured out what they were the Humvee came down on its side, but I kept coming back to this notion that, doing. They were looking for any puffs the vehicle was on fire, and one of his indeed, our military is unmatched and of smoke or anything that might be buddies, a private, said get out. You unchallenged, I think, in the world in fired at the C–130 we were flying in. have got to get out. You have got to terms of conventional warfare. But I Finally, as we got closer to Baghdad, get out. And he said, well, I am para- think we have to be honest with our- the pilot literally turned that big, fat lyzed from the waist down. And he selves that our military is not well C–130 into a dive bomber. And they couldn’t get out of the Humvee him- suited to be an occupation force, and make a special approach when they self. probably even less suited to be involved landed at the Baghdad airport. And in Now, this was a fairly large guy. I in the nation-building business. And I spite of that almost dive-bomb ap- would guess he probably weighed 230 think that is something that I felt and proach, he made an incredibly smooth pounds. And he said that the private I believe other members of our delega- and soft landing. And I want to thank was a pretty small little guy. And here tion felt, that we are really asking our him for that. this private, when he realized that his military to do some things which they But as I say, we had an opportunity buddy was caught in the Humvee and it are not particularly well suited to do. to meet with a number of the folks who was on fire and he hollered out that he And I just wanted to offer some of were serving over there. I am going to was paralyzed from the waist down, he those observations because as we were talk just a little bit tonight about one couldn’t get out, this young private got returning from Iraq, and it is a long of those units, a National Guard unit in there and got him out. I don’t know flight, one of my colleagues who was on from the State of North Dakota. exactly how he pulled him out, but it the trip with us had a copy of an arti- What they do every day, Mr. Speak- was an amazing story. And this young cle, and I am going to submit it for the er, Members, is they go out on the individual wanted to make sure that RECORD if it is possible, Mr. Speaker, roads, mostly at night, and they look before they loaded him on to one of the but I would like to talk a little bit for these IEDs, these improvised explo- big transport planes, the C–17 to fly about the article, and I will enter this sive devices. And they told us that him to the hospital in Germany at into the CONGRESSIONAL RECORD at the since they have been there, and they Landstuhl, he wanted to make sure end of my remarks. have been there 10 months, they have that he got a chance to say thank you What it is is a column that was writ- found 562 of those devices that they to that private, because he said he ten by former Secretary of Defense were ultimately able to have disposed saved his life. Melvin Laird, who served as Secretary of so that they caused no damage to And as he told his story, we were of Defense from 1969 to 1973. He was people or to property along the roads of standing around, and I know what I also a counselor to the President for Iraq. was thinking. I was thinking, gee, is he domestic affairs in the Nixon White Forty-two of those explosives de- going to be paralyzed for the rest of his House. And the article that I am talk- vices, however, went off while they life? ing about appeared in Foreign Affairs were trying to work with them. Forty- Well, thanks to the good work of sur- back in the November/December of 2005 two. In fact, I talked to one young geons like Dr. Mike Yaszemski, I am edition. The title of the article is man, I believe his name was Lynch, happy to report that that soldier is ‘‘Iraq: The Learning Lessons of Viet- from North Dakota, and he had been going to be able, as he laid there, he nam.’’ involved in four incidents where the smiled and he says, ‘‘I can wiggle my And in many respects, Melvin Laird IED went off. And I really can’t say toes.’’ And what a happy story it was is in a very unique position to talk enough about the people who do that for all of us in that room. about both the history of that but, kind of thing every day. And we owe such a debt of gratitude more importantly, what we should As I say, there is no way that we in to the staff, including people like Dr. learn from those years and how we Congress, there are no words that we Michael Yaszemski from Mayo Clinic could apply them to the situation the could offer here in Congress which for the magic that they do and the the United States finds itself in today. could repay the debt of gratitude that hard work that they do and the dedica- Mr. Speaker, I would like to read I think we and the people of Iraq have tion that they have every single day. from the article because I think it says

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5559 a lot in a few sentences right here that had factionalization. They had terror- the model, adopt it for the rest of Iraq, really illustrate what I think is a con- ists. But they adopted what I would de- then I think that Iraq can have a very clusion and the takeaway that I had scribe as a zero-tolerance policy. In bright future. from this particular visit to Iraq. fact, they described one particular in- Well, Mr. Speaker, I mentioned ear- He says: Another great tragedy of cident where someone had committed lier that the leader of our delegation, Vietnam was the Americanization of an act of terrorism and then fled to PETE HOEKSTRA, the chairman of the the war. This threatens to be the trag- Baghdad. They went after them, and House Intelligence Committee, was edy of Iraq also. The war needed to be they brought them to justice. good enough to invite me along and, turned back to the people who cared You see, they have the advantage more importantly, get me into some of about it, the Vietnamese. They needed that they speak the language, they un- the most interesting meetings I have U.S. money and training but not more derstand the culture, but, most impor- ever been at. So I would like to yield to American blood. I called our program tantly, they know who the bad guys the leader of our congressional delega- Vietnamization, and in spite of the are. And as I sort of distilled this tion, the gentleman from Michigan naysayers, I have not ceased to believe story, and I was surprised by the (Mr. HOEKSTRA). that it worked.’’ wealth of the Kurdish region, one of Mr. HOEKSTRA. I thank my col- And he goes on to say in another our colleagues said, Well, but you have league for yielding. And maybe we can paragraph: ‘‘We need to put our re- oil. have a little bit of a dialogue about the sources and unwavering public support And the Prime Minister smiled, and trip that we had. behind a program of Iraqization so that he said, The whole country has oil. He It is kind of interesting. It was your we can get out of Iraq and leave the said, The difference is we have decided first opportunity to be in country. It Iraqis in a position to protect them- to work together to develop our re- was my eighth trip into the theater, selves. The Iraq War should have been sources so that we can have an eco- and I probably spent close to 20 days on focused on Iraqization even before the nomic future of prosperity for all of the ground now in Iraq. And you are first shot was fired.’’ our people, whether they happen to be flying in from Kuwait, and I think you Mr. Speaker, I read this column on Christians or whether they happen to and I both had an opportunity to be up the way home, and I want to tell about be Shiia or whether they happen to be in the cockpit with the pilots. And I where we went after we left that hos- Sunnis, whatever. And the only thing think the pilot, he had been on assign- pital, because we flew up and we were they have said is that they will not tol- ment a number of times, and I believe only the second congressional delega- erate terrorism in their territories. this might have been his eighth tour. It tion since 1991 to actually go up and And there are two things that they was something like that. So he spent a visit Kurdistan. And we landed there at demand from the national government: good part of the last 3 years flying C– their airport, and I was surprised. I was One is they will not tolerate a religious 130s back and forth between Kuwait, shocked because I, frankly, expected to state. Even though they are Muslims, Baghdad, around the theater inside be greeted by bearded warriors with they tolerate other religions, and it Baghdad to Jordan, probably to UAE AK–47s over their shoulders, and what makes an enormous difference in the and various places. we were greeted by were businessmen way people are living and working to- But what really struck me was the wearing business suits who were very gether in the northern portion of Iraq. first two soldiers that I met, the con- friendly, very hospitable, and the first The second thing that they said they viction and the enthusiasm that they thing you see when you get off the demanded is an equitable distribution still felt for the mission. I mean, each plane are new buildings going up, high- of oil royalties. And when you see what time I go, the litmus test to me is kind rise buildings around the airport there. they have accomplished up there, you of what are our soldiers saying? This And as we drove into town, and I can understand why now that they C–130 pilot, he is flying our troops back want to emphasize as we drove into have done all the work, they do not and forth, and he says, We are here. I town with minimum security, I asked want to share all of their revenues with keep wanting to come back. We need to about those buildings. They said, These the people of the rest of Iraq. win this mission. We need to stay until are new condominiums going up. They But, most importantly, we asked it is done, and we are doing the right are luxury condominiums. They will him, Don’t the Kurds really want to be thing and we are making progress. sell for anywhere from $250,000 to independent? And I think for a couple of reasons, $400,000. This is in Irbil, Iraq. This is in And again he smiled and he said, these folks interact with the pilot the Kurdish zone. Well, if you polled my constituents, I maybe not as much, but they hear the And we went into town, and we got to suspect that almost universally they stories of our troops on the ground as meet with some of the political leaders would be in favor of independence. But, to the interaction that they are having including their Parliament. It was in- he said, that is not practical. In fact, with the Iraqi people and the apprecia- teresting to learn that the Parliament he said, we Kurds have decided that we tion from the Iraqi people. And I hope that they have there in the Kurdish have our best opportunity to work with this is one of the things that Prime area is very representative. Over 16 the rest of the people of Iraq and be Minister Maliki talks about next week, percent of the members of the Kurdish part of a strong and united and eco- about the genuine appreciation of the Parliament are women. We even met a nomically prosperous Iraq. Iraqi people for the progress and the Christian who is a member of the Kurd- We all sat there and listened to this, support that they have received. They ish Parliament. It is very open and and we met with the members of the see that appreciation. very pragmatic. And we met with the Parliament. They threw an enormous The other thing that I think they see Prime Minister. And he is coming to feast for us of some of the finest food I is they see the horror of the other side. Washington here in the next month or have ever had in my life. And as we sat These are terrorists who attack civil- so. I hope all Members will get a and listened and visited and learned ians. Our troops understand their vi- chance to meet him. In fact, I think he from them, I said to myself, and it is ciousness, and they understand the na- is coming in September. He is one of one of my favorite expressions, I said, ture of these people, that they are not the most charismatic, articulate lead- Success leaves clues, and if you really just attacking in Iraq, but I mean ers that I ever met. He was very candid want to know what Iraq can look like, there is all this talk now about what is with us. you would have to visit the Kurds. going on in Lebanon. 1983 is when our First of all, he thanked us. He And it is unfortunate that too many barracks were blown up, 23 years ago, thanked us for all that America has of our colleagues have not had the Hezbollah. Even before that, terrorist done for the Kurdish people. Now, ad- chance or taken the chance when they groups have been attacking U.S. inter- mittedly, the Kurds from a cultural visited Iraq to go up and visit the ests, Western interests around the standpoint are different than many of Kurds. But it is an enormous success globe. And I think our troops see the the other Iraqis, but they are Muslim. story, and I think it is the model that need to confront this and to defeat it And he told us that they faced all the if we can somehow imprint on the rest and that they genuinely believe that if same problems in 1991 that the south- of the country and if the new Prime we step away and do not confront it, it ern part of Iraq is facing today. They Minister, Mr. Maliki, will take that as will move back to the homeland.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5560 CONGRESSIONAL RECORD — HOUSE July 20, 2006 We go on the ground to Baghdad, get phrase that some of them used is the Mr. GUTKNECHT. Exactly. That is met at the airport by someone who in- road from the airport to the inter- where I really was disappointed. I terned in my office about a couple of national zone is the most dangerous thought Baghdad would be much more years ago, interned in my office, went highway in the world. Maybe that is an secure than what we saw or learned to Hope College in my district, got to exaggeration. But those are Americans about it. But you have to have military be a good friend with a number of the who are serving there that used that security progress, and you have to have people in the church that we go to, so term. economic progress, and you have to he went to our church. He is now em- My takeaway is probably somewhat have political progress. bedded not in the international zone different than yours, but my conclu- Mr. HOEKSTRA. The political meet- where you and I were, he is embedded sion and my takeaway is we need to ings we had, it was very interesting with Iraqi troops that have been press and continue to press for the meeting with the Minister of Defense trained. So there are like eight to ten Iraqis and exactly what you are talk- and the Minister of Interior. The dif- U.S. troops with a large group of Iraqi ing about, where we have some of our ference this time is you are meeting troops, and he says, Man, am I glad I Special Forces embedded and working with people who know they are going am here. He hadn’t been there long, but with and training Iraqis. We trained, I to be in the job for 4 years. Every time he said, You know, this is where I think the number is 262,000 Iraqis so I have gone before, you have always wanted to be. This is where I want to far. We need to really push them to been kind of meeting with an appointed be right now. I am working with Iraqi step up, as they have in the northern or an interim minister. Now you are troops. I have been to their homes. I parts of the country, to take responsi- meeting with somebody that has been have been to their families. We need to bility for policing their own streets. selected, and they know they are going do this, and we need to see the mission Mr. HOEKSTRA. If the gentleman to be a part of this new government, through. will yield, that is a conclusion that we which gives you a little bit more sta- And like I said, he had just been probably reached on a bipartisan basis, bility. The parliamentarians, obvi- there a couple of months. And like I that it is absolutely essential to as rap- ously, representative government is a said, this is a kid that I know. If he did idly as possible train up the Iraqis and new phenomena for them and they transfer sections of the country to not feel that way, he would have told have a little bit of work to understand Iraqi troops with U.S. advisers. They me. But he had just gotten there, and exactly how that works. know the neighborhood, they know the they also see the sacrifices that the Mr. GUTKNECHT. Let me say, and I culture, and I think they have the de- Iraqi people are making. talked to the speaker today and I know sire and conviction to win. We need to you are working on this as well, one of b 1930 provide them with the training and the the things we would like to do is invite There have been a lot more Iraqi resources, but then get them at the at least a dozen of them to the United troops, police and citizens that have front lines so that the Iraqi people in States. We may smile about our meet- been killed over the last number of the communities see them. This is ings with the parliamentarians, and months than U.S. troops. They are their opportunity to get the country they all had own political points of back. willing to go to the front lines. They view and so forth, but, first and fore- I think the other thing you said, it are willing to pay the price and make most, every Member of Congress, and I was my first time to Kurdistan. There the difference. think Americans need to understand, if You and I both saw, there is lots of was never a need to go there before. Now you can see what happens in a pe- you are a member of the Iraq par- work to be done. It is not a pretty pic- liament, you are a hero. You are some- ture on certain occasions. The day we riod of 14 years. Remember, what was the number, 182,000 Kurds had been one who has enormous courage. were there, the folks went in and got Mr. HOEKSTRA. A couple of things. killed by Saddam. Iran was active in the chairman of the National Olympic You are a hero, and you are a target. creating mischief. There was an ethnic Committee. Mr. GUTKNECHT. Exactly. And not cleansing going on in the southern part Maybe you have talked a little bit only are you a potential target, your about some of the other things we ob- of Kurdistan. But over a period of 14 years, they family is a potential target. Most of us served. We can talk about the training have got political stability. The two at one time in our political lives have of the troops, the need to secure Bagh- major parties have come together to had some goofball who has issued some dad. I heard you talk about Kurdistan. form a unity government, the economy kind of a death threat against us. Usu- But there is lots of work to do. It is is doing well and the security situation ally we don’t even take it all that seri- two steps forward, one step back. But is good. ously. Fortunately, the FBI takes it it is clearly a war against radical Islam So if the rest of the country can see very seriously, and I appreciate what that is moving forward, that needs to Kurdistan as a model and embrace the they do for us every day. But in Iraq, it be completed. kinds of reforms, I think that is the is a different ball game. Mr. GUTKNECHT. I was talking other thing that happened in Mr. HOEKSTRA. I would just like to about the Kurds, and I think every part Kurdistan. They are doing the things reinforce the point that you made of the trip, in my opinion, was a high- that are attracting foreign investment about the stories that we heard, where light. I hate to say one was more im- and foreign confidence in what they are the people that are involved in the gov- portant than the other. doing. Because you cannot rebuild Iraq ernment, the strategy now for the ter- But what I had said before you came with just U.S. money. You need to get rorist groups, the insurgents, the mili- in, Congressman HOEKSTRA, was that I the private sector coming in, and tias, is to go after their family. You was so impressed with the Kurds and Kurdistan is doing that in the laws are now talking about their parents, what they have done in taking respon- they are shaping to encourage and wel- their wife, their kids. sibility for their own area, of having come foreign investment into their So it is no longer someone saying, essentially a zero tolerance policy. I area. You do it in the south and the you know, I am going to participate in said that I think that may be the ex- rest of the country, you have got oil, this government because I think that ample that Maliki can use for the rest you have got agriculture, you have it is the right thing to do and I know of the country. You mentioned, and some manufacturing, but you have got it is a risk to me. They are taking a this is what I think is the good story. to put in place the right legal frame- much bigger risk. These folks have to The bad story, from my view, is that work. have this dialogue with their family, Baghdad is far less secure than I Mr. GUTKNECHT. I think you said it saying if I participate in this, we are thought it was. Maybe that is my fault. exactly right. When I left, there was all at risk. Maybe I had a different impression. progress. I was looking for progress. I So, these are folks that are com- Maybe I had been led to believe. I am think it is a three-legged stool. I think mitted. The parliamentarians, when we not sure, and I am not really in the you have to have military or security met with them, they leave in the mid- blame game. progress. dle of the afternoon, because they don’t But clearly Baghdad is still a very Mr. HOEKSTRA. That is all about se- live in the International Zone. They go dangerous place. In fact, I think the curing Baghdad right now. back into the rest of the country. You

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5561 can protect them, you can protect with the radicals and the others who they have stopped. We saw some of the their immediate family, but when you have come in from out of country. devices that they have. If you wonder go out and get their brothers and sis- I think it is important that our per- how good our guys are. It means as ters and parents and all that, these are ception, and we had very good brief- they are going down the road, they are people who are committed to success ings, I know that sometimes it is a lit- looking ahead and they see, I wish I and there is no other way to look at it. tle like the blind men describing the had taken a piece of that copper wire, There is no personal enrichment here. elephant, but all the terrorists are not just a thin little piece of copper wire, Mr. GUTKNECHT. No. I was very im- the same. Some of them are religious which signals to them there is a prob- pressed with the character of the par- fanatics. Some of them are just thugs lem here, or they see a small pile of liamentarians. Hopefully, with the help that Saddam released from prison, and stones that wasn’t there the day be- of our Speaker, we can get some of they are thugs trying to create a terri- fore. It is not that they know exactly them over here so that more Members tory and using terror and using vio- the stones weren’t there, but it is kind of Congress can actually get a chance lence, much as Al Capone in the St. of like, this is strange. to visit with them, to learn from them, Valentine’s Day Massacre did, used vio- b 1945 to talk to them and perhaps to ask lence in a certain way to gain a certain them some questions. amount of power in a neighborhood. So Then they go in with their equip- What I was talking about earlier as it is not as simple as sometimes we ment, they find it, and they disarm it, well is from an article that I think we would like to pigeon hole what the vio- 562. Then the hospital. Wow, I mean both read on the plane on the way lence is all about. It is about a lot of what is it? The one soldier that came home that was written by Melvin things. in, they gave him how many units of Laird. If anyone would like a copy, But, most importantly, I think the blood? It was something like 200. they can just send me an e-mail at Iraqi government now has to dem- The professionalism of the docs [email protected]. We will send you a onstrate, as the Kurds did, that they there, you had one there from Mayo copy of this article. have a zero tolerance policy. They will who had just come in. The profes- I think from my perspective it actu- hunt people down and bring them to sionalism of the folks there. The thing ally put into perspective a lot of the justice. that I was really impressed with, I things we saw on our visit and why it You said something else earlier about think one was a doc or headed up the is so important as soon as we can and the advantage that the Iraqis have trauma unit, was it in Cincinnati, said, as much as we can, we need to turn when they are doing the heavy lifting. ‘‘We do things here I could not do in more of the authority, the responsi- You said they understand the culture. Cincinnati.’’ bility for managing the affairs of the One thing you didn’t mention, I want He said, you know, there will be Iraqi people, back to the Iraqis them- to add, they understand the language. books and articles written about what selves. That is incredibly important. That we are doing here that is going to be Mr. HOEKSTRA. It is much like puts our forces sometimes at a huge brought back to trauma centers around what we talk about for some of our do- disadvantage, because they really don’t America, maybe around the world, be- mestic policies. The longer we are understand. cause of what we are learning and how there propping them up, the more we You can’t really understand a culture effective we are here. have the potential of creating a situa- if you weren’t raised in it. So in many We give our troops better treatment tion of dependency, where they are cases we were asking our soldiers here coming in off the battlefield than looking to the U.S. Government to fix sometimes to do some things that are what I can give them in any major their political problems, to fix their se- very difficult. Not that they aren’t metropolitan center. I mean, my hats curity problems and to fix their eco- very professional and they do it very go off to these folks. nomic problems. well, but there is no question that Mr. GUTKNECHT. They have been up I think we were very clear when we Iraqis out there policing the streets performing surgery since 2 o’clock in met with their parliamentarians and can do a much better job than Ameri- the morning. I mentioned that Dr. saying we are committed to stay with cans. Mike Yaszmenski from Mayo Clinic, he you and to provide you with the oppor- Mr. HOEKSTRA. Talking about sol- did not take the credit for it, but the tunity to fix your political problems, diers that do things well, I mean, we story that we were all standing there to fix your economic problems and went to Arbil, and there were two when they pinned the Purple Heart on your security issues. We cannot do groups of people that were absolutely that young man. He had had several that, because this is your country. outstanding. The troops from North broken vertebrae, which is the reason Mr. GUTKNECHT. That is exactly Dakota, our colleague from North Da- he could not get out of his HUMVEE, what Melvin Laird said about Vietnam. kota, Representative POMEROY, was and could not walk. That is why it was important to turn with us. At the end of his little presentation, Vietnam, as soon as possible, back to These guys have the responsibility of he told the whole story, he sort of the Vietnamese people. He said the every day being on the road 18 to 20 smiled. He said, I can wiggle my toes. greatest mistake was the Americani- hours and making sure that 50 miles of Now, Dr. Yaszmenski did not take zation of the Vietnam War. highway is free from IEDs. Man, these credit for this. I am piecing this to- I think that is something we have to guys are good, and they have done a gether. Because he is a spinal surgeon be very aware of when we look at phenomenal job. They had a casualty a my sense is that he had something to where we are today. couple of weeks ago. Our sympathy do with it. What I said also, Congressman HOEK- goes to that unit, obviously the sol- Mr. HOEKSTRA. The other thing, the STRA, is because the Maliki govern- dier’s family in North Dakota and the solder saying, before I leave, they were ment is now in place and they have a whole community. on space-available because he was not Minister of Defense, they have a Min- But they are well-trained, and it was as seriously injured as some other sol- ister of the Interior, which are the two inspiring to listen to their story about diers, he was going on to Germany. I key ministries I think in terms of do- we came here with a job to do and here think he was going to leave in the next mestic security, now that they have is what we have learned and here is 24 hours. But said, you know, before I those people in place, and my impres- how we are doing it. They have experi- leave I need to make sure that I call sion of them was they are very strong enced 42 explosions, I think about 42 back to my unit. people, my impression was they under- explosions. The vehicles they are in are Mr. GUTKNECHT. He wanted to see stood the risks, they understood what designed that the compartment where that private that pulled him out. needed to be done, and I think the next the soldiers are in survives. The wheels Mr. HOEKSTRA. You know, it is in- two months are going to be critical. may fall off and the engine may go spiring to see those folks and also They have to demonstrate, in my away and the transmission may be knowing that, you know, whether it is opinion, that they really are serious, gone, but the soldiers are protected. an American or an Iraqi injured on the that they will deal with these militias They have experienced 42 explosions, battlefield, that is the quality of care that are out of control, they will deal but they have stopped, what was it, 562 that they are going to get.

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5562 CONGRESSIONAL RECORD — HOUSE July 20, 2006 I think we also heard the number is obvious to me that the over- machines. I think the first plane that that, you know, the vast majority of whelming majority of Iraqis want what we flew in on from Kuwait to Baghdad injuries today are coming from the most Americans want. They want to was a 1961 C–130, from Selfridge Air IEDs. These things are becoming more live in peace. They want to be able to Base in Michigan. And, you know, and more sophisticated. But, you raise their families in a secure neigh- there are maintenance people back know, it shows that the enemy is not borhood. They want to look forward to there who in this environment, that engaging us, they are moving to what an economic future that is worth liv- plane goes on, I think it was doing two we would call asymmetrical tactics. ing. trips that day back and forth to Bagh- They are not engaging us or the Iraqis They can do that. And that is why, dad. directly. They are using these impro- again, I hate to refer too much to what You know, when that plane goes back vised explosive devices or they are at- we saw up in northern Iraq. But it was to Kuwait that night, there is going to tacking civilian targets, where fitting like night and day. It was like going to be some maintenance people all over to their name they can create terror. a different universe. that thing, you know, getting it back But they are also using that tactic to Mr. HOEKSTRA. I think I misspoke and making sure that the next morning try to divide the country between earlier. I said the troops were in Erbil. it is going to be able to fly again. Sunnis and Shiia. And this is why the They were in Balat. The troops were in Mr. GUTKNECHT. I mentioned ear- government has to, the Iraqi Govern- Balat. lier, we also need to say thank you and ment has to step up and provide the se- Mr. GUTKNECHT. We will always re- kudos to the families. You cannot help curity envelope so that the militias member the North Dakota boys. Espe- but think about what the families in can be disbanded, the militias that are cially one young man, I think his name North Dakota must feel every day. I forming in the Shiia areas and the was Lynch. He had been involved in am sure they do not know all that that Sunni areas. Because our under- four of these explosions. And, yes, it is group does in terms of going out and standing, when I talked to David Pate true the equipment they have is spe- looking for these IEDs. from my district, he said, you know, cially designed to sort of take the ex- But not only do the folks in uniform, plosion and the concussion in a ‘‘V’’ when you talk to the Iraqi soldiers, they pay quite a price for us, but their section so that the folks inside are pro- they do not say, if you ask them, are families, just worrying about what is tected. going to happen today, what is going to you a Shiia or a Sunni, the Army is Mr. HOEKSTRA. It is still a real ex- happen tomorrow. You just really have moving to the level of professionalism perience. to admire the families. And we need to where they say, you know, they do not Mr. GUTKNECHT. The concussion of say I am a Shiia or a Sunni, what they it and what it did to those heavy vehi- say a special thank you to them. Be- say is I am an Iraqi. cles, it is amazing that they have only cause, you know, the guys that are So they are focusing on the country. had one KIA. Again, let me join you in over there, they are working hard all of That is not everybody. You know, sec- sharing our sympathies to that family the time. In fact, one of the things tarian violence is something that we and that unit, because they were obvi- they said was we do not mind working are very, very concerned about. It is ously a very close knit unit from North long days and long hours because it evident. I do not think neither you or Dakota. helps the time go faster. I are saying, man, it is done. There is They went to war together. They do Mr. HOEKSTRA. There is not much a lot of work to do over there. their jobs together. They live together. else to do. But absolutely, you know, But there continue to be signs of real They pray together. And it was inspir- the families pay a tremendous price progress. ing to meet those young men. with the amount of time that their Mr. GUTKNECHT. I think the real Mr. HOEKSTRA. I think you have husbands or wives or sons or daughters progress that we are all looking for is also got to give a real set of kudos to are spending in Iraq, knowing that the for the Iraqis. Now that Prime Minister the folks in the background. You know, conditions are tough, the environment Maliki has got a government, and I we talk about the troops that are going continues to be dangerous. And so think he needs to know that America out and they are finding the IEDs. We there are sacrifices that continue to be is going to be there to support him. are talking to the C–130 pilots who are made by all of these families, by the You know, I was misquoted that I flying in. You and I were there. It is a whole military family. was in favor of immediate withdrawal. harsh environment. You got the dust, You know, we were talking a little That is simply not true. What I have you got the sand, you got more sand, bit about comparing some of the stuff said consistently is America needs to and then you throw a little bit of heat that we do in the United States. One of be there for quite some time to come. on it. the things that is different about the We still have troops in Germany. We When we were coming off the one United States and sometimes moves us still have troops in Japan. We still plane in Erbil where we walked a little bit away from the military, but have troops in South Korea. But our through the backwash of the props, it when you go on one of these trips, what real role has to begin to change, so must have been 130, 140 degrees right really does connect you back to the that we provide the umbrella of secu- there. Of course we were doing it for a military is being there with the troops. rity. short period of time. But you are wear- But, you know, the military folks are If, for example, some militia being to ing the body armor, you are wearing so few in number to who we are as a mass and begin to directly confront the the helmet, our troops are doing that Nation. In Israel, since there is com- government or other forces, then I all day long. pulsory service, and I am not pro- think from a conventional standpoint, The other folks, there is lot of folks moting compulsory service, but in we are in a strong position to make over there that deserve kudos, but it is Israel where everyone is required to sure that that gets dealt with quickly the maintenance people. These guys serve in the military, everyone knows and effectively. And nobody can do it would say, hey, we go out, we are near and understands the risks that the sol- better than our military. an explosion, an IED, our equipment is diers, military people have to take. But in terms of some of the sectarian damaged. We bring it back, our me- That is why I think it is good for, things and the thugs who are at large chanics know that they need to get you know, that you have reminded us in some of the neighborhoods, since we this fixed, because we are going out of, you know, that sacrifice, because cannot speak the language and we do again on patrol. too often we are too far away and re- not understand the culture, it is just They may have not a spare, but they moved. And it is ‘‘somebody over much more difficult for us to get to the have got another truck or another ve- there’’. We have got to remember, it is bottom of that. That is where the hicle that they can take out. But, they not somebody over there. It is a neigh- Iraqis need to step up. That is the have got to get this one working again. bor, it is somebody from our commu- progress we are looking for. And the mechanics, they work 24 hours nity. They love this country. When that happens, when people straight to get this stuff up and run- They have got a family. They go to start to feel as secure in Baghdad as ning. church. They share the values that we they do in Erbil, then you will see the Same thing with the C–130s. We are have. And they have just chosen a dif- economy begin to improve. Because, it putting lots of hours on some of these ferent career. You know, we have got

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5563 folks who have chosen business, fi- Mr. HOEKSTRA. That we could walk tend their remarks and include extra- nance, banking, marketing, whatever. down Sniper Alley Sunday night, and neous material:) These guys have chosen a career in the that we could walk through the streets Mr. GEORGE MILLER of California, for military. of Sarajevo in Bosnia, and that we 5 minutes, today. It is a unique career. It is a special could walk through the streets of Bos- Mr. EMANUEL, for 5 minutes, today. service that they provide to this coun- nia on Monday morning, and, you Ms. WOOLSEY, for 5 minutes, today. try. know, that it was a vibrant city, people Mr. BROWN of Ohio, for 5 minutes, b 2000 sitting at the cafes, drinking coffee and today. getting their country moving forward. Mr. MORAN of Virginia, for 5 minutes, Mr. GUTKNECHT. I am going to Again, problems, high unemployment today. close up here. If you have any closing rate, slow economic development, but Mr. PALLONE, for 5 minutes, today. thoughts, Chairman HOEKSTRA, go secure. Ms. KAPTUR, for 5 minutes, today. ahead. Then I am going to close up and Mr. GUTKNECHT. I think we should Mrs. MALONEY, for 5 minutes, today. yield it back here in just a few min- share the story that the general told us Ms. LEE, for 5 minutes, today. utes. about the man who worked at the mili- Mr. LEWIS of Georgia, for 5 minutes, Mr. HOEKSTRA. No, I appreciate you tary facility there. Every day, when he today. doing the Special Order. I appreciate would come to work, he would stop, (The following Members (at the re- you yielding me the time and the op- and this is a Bosnian individual, he quest of Mr. POE) to revise and extend portunity. The one thing we did not would stop and salute the American their remarks and include extraneous talk about was Serbia, that on the way flag. material:) back we stopped in Serbia, so that we Then he would say a prayer. When he Mr. POE, for 5 minutes, today and had an opportunity to see a part of Iraq would leave work that night, he would July 27. that had been divided, that was coming again salute the American flag. They Mr. FRANKS of Arizona, for 5 minutes, out of a very tough time and after 14 had a special ceremony that finally, today. years was prospering. the general said, we need to do some- Mr. GUTKNECHT, for 5 minutes, today. We then stopped overnight in Serbia, thing for that guy. So they presented Mr. BURGESS, for 5 minutes, today. met with the three Presidents in Ser- him with a U.S. flag, one of these little f bia at Sarajevo; and, again, there is an wood cases that we have around here. ADJOURNMENT evolving success story that, 10 years When they presented it, he literally, ago, the brutal and the bitter conflict, with tears running down his cheeks, he Mr. GUTKNECHT. Mr. Speaker, I we still have some troops there. There said, I thank God every day for Amer- move that the House do now adjourn. are a lot of Europeans, more European ica and what America did to bring The motion was agreed to; accord- troops over there, but, again, they have peace to this city, because it was ingly (at 8 o’clock and 3 minutes p.m.), made significant progress. America that saved us from that war. under its previous order, the House ad- It takes a while to move from the Mr. HOEKSTRA. It is why they are journed until Monday, July 24, 2006, at ethnic religious strife to the steps for- nervous about us pulling our final 12:30 p.m., for morning hour debate. ward. What is happening in Kosovo, or troops out, because we are the ones f Serbia, and the region, is that the Eu- that have earned their trust, and they ropean Union finally embraced them, EXECUTIVE COMMUNICATIONS, still look to you, and I both hope and ETC. they have moved forward, Serbia is pray for the day where the same type moving forward, Kurdistan is moving of result, as we see in Kosovo, as we see Under clause 8 of rule XII, executive forward. in Bosnia, that we can see that same communications were taken from the What we now also have to have is the kind of result in the rest of Iraq. Speaker’s table and referred as follows: modern Islamic or moderate states in Mr. GUTKNECHT. Thank you, Mr. 8703. A letter from the Assistant Secretary the Middle East. They need to embrace Chairman. I think there are reasons to of the Navy for Installations and Environ- Iraq. They need to invest. They need to be optimistic. But I want to close with ment, Department of Defense, transmitting have their people there, their busi- this quote. I started with this quote to- Notice of the decision to conduct a standard competition of the support services function nesses there, to show that they stand night: with this new democratically elected performed by civilian personnel in the De- ‘‘Do not try to do too much with partment of the Navy for possible perform- government and that they are invested your own hands . . . It is their war, and ance by private contractors, pursuant to 10 in the success of a new Iraq, in what you are to help them, not win it for U.S.C. 2461; to the Committee on Armed the people of Iraq are. them.’’ That quote is from T.E. Law- Services. It is possible. It is not easy, but there rence, better known as Lawrence of 8704. A letter from the Under Secretary for are two examples of how this can work. Arabia. Acquisition, Technology and Logistics, De- It was very painful, but by sticking to In some respects, I think it is pro- partment of Defense, transmitting an annual report entitled, ‘‘Defense Acquisition Chal- it and moving through it, you can get phetic. We can only do so much in Iraq. to where you want to be. lenge Program: Fiscal Year 2005,’’ pursuant We are doing our share. Our military is to 10 U.S.C. 2359b(i); to the Committee on Mr. GUTKNECHT. Thank you, Mr. doing a marvelous job. The next step, Armed Services. Chairman. I just want to mention, and Mr. Chairman, is up to the Iraqis. 8705. A letter from the Under Secretary for I am glad you did bring up the fact f Domestic Finance, Department of the Treas- that we stopped in Bosnia Herzegovina. ury, transmitting the annual report on the Mr. HOEKSTRA. I forget where I go LEAVE OF ABSENCE Resolution Funding Corporation for calendar sometimes. By unanimous consent, leave of ab- year 2005, pursuant to Public Law 101-73, sec- Mr. GUTKNECHT. Sarajevo. I was in sence was granted to: tion 501(a) (103 Stat. 387); to the Committee on Financial Services. Sarajevo 10 years ago, and at that time Ms. MCKINNEY (at the request of Ms. the city was essentially in, the center 8706. A letter from the Chairman and Presi- PELOSI) for today. dent, Export-Import Bank, transmitting a city, essentially rubble. Many build- Mrs. JO ANN DAVIS of Virginia (at the report on transactions involving U.S. exports ings had large pockmarks. Some of request of Mr. BOEHNER) for today on to Thailand pursuant to Section 2(b)(3) of the them are still there. Many, though, account of personal reasons. Export-Import Bank Act of 1945, as amended; have been fixed; and it now is a vibrant f to the Committee on Financial Services. city. 8707. A letter from the Chairman, Federal If I had predicted 10 years ago that SPECIAL ORDERS GRANTED Energy Regulatory Commission, transmit- we would see the life in the city that By unanimous consent, permission to ting the Commission’s report on progress we saw, a lot of people said it cannot address the House, following the legis- made in licensing and constructing the Alas- ka Natural Gas Pipeline, pursuant to Section happen. lative program and any special orders 1810 of the Energy Policy Act of 2005; to the Mr. HOEKSTRA. But you can walk heretofore entered, was granted to: Committee on Energy and Commerce. down, what is it called, Sniper Alley? (The following Members (at the re- 8708. A letter from the Chairman, Council Mr. GUTKNECHT. Yes, Sniper Alley. quest of Ms. WOOLSEY) to revise and ex- of the District of Columbia, transmitting a

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5564 CONGRESSIONAL RECORD — HOUSE July 20, 2006 copy of D.C. ACT 16-439, ‘‘Closing of Public Parts and Accessories Necessary for Safe Op- 801(a)(1)(A); to the Committee on Transpor- Alleys in Square 749, S.O. 00-83, Act of 2006,’’ eration: Protection Against Shifting and tation and Infrastructure. pursuant to D.C. Code section 1-233(c)(1); to Failing Cargo [Docket No. FMCSA-2006-21259] 8730. A letter from the Program Analyst, the Committee on Government Reform. (RIN: 2126-AA88) received July 12, 2006, pur- FAA, Department of Transportation, trans- 8709. A letter from the Chairman, Council suant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule — Air- of the District of Columbia, transmitting a mittee on Transportation and Infrastruc- worthiness Directives; Airbus Model A318, copy of D.C. ACT 16-441, ‘‘Washington Stage ture. A319, A320, and A321 Airplanes [Docket No. Guild Tax Exemption Act of 2006,’’ pursuant 8722. A letter from the Program Analyst, FAA-2006-24815; Directorate Identifier 2006- to D.C. Code section 1-233(c)(1); to the Com- FAA, Department of Transportation, trans- NM-101-AD; Amendment 39-14608; AD 2006-11- mittee on Government Reform. mitting the Department’s final rule — 04] (RIN: 2120-AA64) received July 12, 2006, 8710. A letter from the Chairman, Council Standard Instrument Approach Procedures; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the District of Columbia, transmitting a Weather Takeoff Minimums; Miscellaneous mittee on Transportation and Infrastruc- copy of D.C. ACT 16-442, ‘‘Solid Waste Dis- Amendments [Docket No. 30498; Amdt. No. ture. posal Fee Temporary Amendment Act of 3170] received July 12, 2006, pursuant to 5 8731. A letter from the Program Analyst, 2006,’’ pursuant to D.C. Code section 1- U.S.C. 801(a)(1)(A); to the Committee on FAA, Department of Transportation, trans- 233(c)(1); to the Committee on Government Transportation and Infrastructure. mitting the Department’s final rule — Air- Reform. 8723. A letter from the Program Analyst, worthiness Directives; Hamilton Sundstrand 8711. A letter from the Chairman, Council FAA, Department of Transportation, trans- Model 14RF-9 Propellers [Docket No. FAA- of the District of Columbia, transmitting a mitting the Department’s final rule — 2006-24517; Directorate Identifier 2006-NE-18- copy of D.C. ACT 16-444, ‘‘Fringe Lot Real Standard Instrument Approach Procedures; AD; Amendment 39-14591; AD 2006-10-07] (RIN: 2120-AA64) received July 12, 2006, pursuant to Property Exclusive Rights Agreement Exten- Miscellaneous Amendments [Docket No. 5 U.S.C. 801(a)(1)(A); to the Committee on sion Temporary Amendment Act of 2006,’’ 30499; Amdt. No. 3171] received July 12, 2006, Transportation and Infrastructure. pursuant to D.C. Code section 1-233(c)(1); to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 8732. A letter from the Program Analyst, the Committee on Government Reform. mittee on Transportation and Infrastruc- FAA, Department of Transportation, trans- 8712. A letter from the Chairman, Council ture. mitting the Department’s final rule — Air- of the District of Columbia, transmitting a 8724. A letter from the Program Analyst, worthiness Directives; Empresa Brasileira de copy of D.C. ACT 16-435, ‘‘Drug Offense Driv- FAA, Department of Transportation, trans- Aeronautica S.A. (EMBRAER) Model EMB- ing Privileges Revocation and Disqualifica- mitting the Department’s final rule — Modi- 120, -120ER, -120FC, -120QC, and -120RT Air- tion Amendment Act of 2006,’’ pursuant to fication of Class E Airspace; Scott City, KS planes [Docket No. FAA-2006-24072; Direc- D.C. Code section 1-233(c)(1); to the Com- [Docket No. FAA-2006-23896; Airspace Docket torate Identifier 2006-NM-016-AD; Amend- mittee on Government Reform. No. 06-ACE-2] received July 12, 2006, pursuant ment 39-14614; AD 2006-11-10] (RIN: 2120-AA64) 8713. A letter from the Chairman, Council to 5 U.S.C. 801(a)(1)(A); to the Committee on received July 12, 2006, pursuant to 5 U.S.C. of the District of Columbia, transmitting a Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Transpor- copy of D.C. ACT 16-437, ‘‘People First Re- 8725. A letter from the Program Analyst, tation and Infrastructure. spectful Language Conforming Amendment FAA, Department of Transportation, trans- 8733. A letter from the Program Analyst, Act of 2006,’’ pursuant to D.C. Code section 1- mitting the Department’s final rule — Air- FAA, Department of Transportation, trans- 233(c)(1); to the Committee on Government worthiness Directives; Boeing Model 747- mitting the Department’s final rule — Air- Reform. 100B, 747-200B, 747-200F, 747-300, 747-400, 747- worthiness Directives; Boeing Model 757 Air- 8714. A letter from the Chairman, Council 400F, and 747SP Series Airplanes [Docket No. planes [Docket No. FAA-2005-23213; Direc- of the District of Columbia, transmitting a FAA-2006-24950; Directorate Identifier 2006- torate Identifier 2005-NM-192-AD; Amend- copy of D.C. ACT 16-438, ‘‘People First Re- NM-036-AD; Amendment 39-14627; AD 2006-12- ment 39-14615; AD 2006-11-11] (RIN: 2120-AA64) spectful Language Modernization Act of 03] (RIN: 2120-AA64) received July 12, 2006, received July 12, 2006, pursuant to 5 U.S.C. 2006,’’ pursuant to D.C. Code section 1- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- 233(c)(1); to the Committee on Government mittee on Transportation and Infrastruc- tation and Infrastructure. Reform. ture. 8734. A letter from the Program Analyst, 8715. A letter from the Chairman, Council 8726. A letter from the Program Analyst, FAA, Department of Transportation, trans- of the District of Columbia, transmitting a FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- copy of D.C. ACT 16-436, ‘‘Closing of a Public mitting the Department’s final rule — Air- worthiness Directives; Bombardier Model Alley in Square 2910, S.O. 05-0587, Act of worthiness Directives; Airbus Model A321-100 CL-600-2B19 (Regional Jet Series 100 & 440) 2006,’’ pursuant to D.C. Code section 1- Series Airplanes [Docket No. FAA-2006-24953; Airplanes [Docket No. FAA-2006-23841; Direc- 233(c)(1); to the Committee on Government Directorate Identifier 2006-NM-084-AD; torate Identifier 2005-NM-214-AD; Amend- Reform. Amendment 39-14628; AD 2006-04-11 R1] (RIN: ment 39-14613; AD 2006-11-09] (RIN: 2120-AA64) 8716. A letter from the Chairman, Council 2120-AA64) received July 12, 2006, pursuant to received July 12, 2006, pursuant to 5 U.S.C. of the District of Columbia, transmitting a 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- copy of D.C. ACT 16-440, ‘‘Official Fruit of Transportation and Infrastructure. tation and Infrastructure. the District of Columbia Act of 2006,’’ pursu- 8727. A letter from the Program Analyst, 8735. A letter from the Program Analyst, ant to D.C. Code section 1-233(c)(1); to the FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- Committee on Government Reform. mitting the Department’s final rule — Air- mitting the Department’s final rule — Air- 8717. A letter from the Chairman, Council worthiness Directives; Bombardier Model worthiness Directives; Boeing Model 767 Air- of the District of Columbia, transmitting a CL-600-2B19 (Regional Jet Series 100 & 440) planes [Docket No. FAA-2006-23818; Direc- copy of D.C. ACT 16-433, ‘‘Pedestrian Protec- Airplanes [Docket No. 2003-NM-223-AD; torate Identifier 2005-NM-228-AD; Amend- ment 39-14616; AD 2006-11-12] (RIN: 2120-AA64) tion Bus Safety Amendment Act of 2006,’’ Amendment 39-14585; AD 2006-10-01] (RIN: received July 12, 2006, pursuant to 5 U.S.C. pursuant to D.C. Code section 1-233(c)(1); to 2120-AA64) received July 12, 2006, pursuant to 801(a)(1)(A); to the Committee on Transpor- the Committee on Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on tation and Infrastructure. 8718. A letter from the Chairman, Council Transportation and Infrastructure. 8736. A letter from the Program Analyst, 8728. A letter from the Program Analyst, of the District of Columbia, transmitting a FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- copy of D.C. ACT 16-434, ‘‘Closing of Public mitting the Department’s final rule — Air- Streets and Alleys in Squares 5318, 5319, and mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 777-200 5320 S.O. 04-14199, Act of 2006,’’ pursuant to worthiness Directives; Viking Air Limited and -300 Series Airplanes [Docket No. FAA- D.C. Code section 1-233(c)(1); to the Com- Model DHC-7 Airplanes [Docket No. FAA- 2005-20732; Directorate Identifier 2004-NM-278- mittee on Government Reform. 2006-24966; Directorate Identifier 2006-NM-049- AD; Amendment 39-14617; AD 2006-11-13] (RIN: 8719. A letter from the Executive Director, AD; Amendment 39-14629; AD 2006-12-04] (RIN: 2120-AA64) received July 12, 2006, pursuant to National Council on Disability, transmitting 2120-AA64) received July 12, 2006, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on the Council’s Annual Performance Report to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. the President and Congress Fiscal Year 2005, Transportation and Infrastructure. 8737. A letter from the Program Analyst, as required by the Government Performance 8729. A letter from the Program Analyst, FAA, Department of Transportation, trans- and Results Act, pursuant to 31 U.S.C. 1116; FAA, Department of Transportation, trans- mitting the Department’s final rule — Air- to the Committee on Government Reform. mitting the Department’s final rule — Air- worthiness Directives; Boeing Model 767-200 8720. A letter from the Secretary, Depart- worthiness Directives; Empresa Brasileira de and -300 Series Airplanes [Docket No. FAA- ment of the Interior, transmitting the an- Aeronautica S.A. (EMBRAER) Model ERJ 2005-22321; Directorate Identifier 2005-NM-123- nual report entitled, ‘‘Outer Continental 170-100 LR, -100 STD, -100 SE, and -100 SU AD; Amendment 39-14610; AD 2006-11-06] (RIN: Shelf Lease Sales: Evaluation of Bidding Re- Airplanes; and Empresa Brasileira de 2120-AA64) received July 12, 2006, pursuant to sults’’ for Fiscal Year 2005, pursuant to 43 Aeronautica S.A. (EMBRAER) Model ERJ 5 U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 1337(a)(9); to the Committee on Re- 190-100 LR, -100STD, and -100 IGW Airplanes Transportation and Infrastructure. sources. [Docket No. FAA-2006-24897; Directorate 8738. A letter from the Program Analyst, 8721. A letter from the FMCSA Regulatory Identifier 2006-NM-111-AD; Amendment 39- FAA, Department of Transportation, trans- Ombudsman, Department of Transportation, 14619; AD 2006-11-15] (RIN: 2120-AA64) received mitting the Department’s final rule — Air- transmitting the Department’s final rule — July 12, 2006, pursuant to 5 U.S.C. worthiness Directives; Gulfstream Model GV

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE July 20, 2006 CONGRESSIONAL RECORD — HOUSE H5565 and GV-SP Series Airplanes [Docket No. REPORTS OF COMMITTEES ON underserved borrowers, and for other pur- FAA-2005-22034; Directorate Identifier 2004- PUBLIC BILLS AND RESOLUTIONS poses; with an amendment (Rept. 109–589). NM-182-AD; Amendment 39-14607; AD 2006-11- Referred to the Committee of the Whole 03] (RIN: 2120-AA64) received July 12, 2006, Under clause 2 of rule XIII, reports of House on the State of the Union. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- committees were delivered to the Clerk f mittee on Transportation and Infrastruc- for printing and reference to the proper ture. calendar, as follows: TIME LIMITATION OF REFERRED 8739. A letter from the Program Analyst, Mr. POMBO: Committee on Resources. BILL FAA, Department of Transportation, trans- H.R. 4165. A bill to clarify the boundaries of mitting the Department’s final rule — Air- Pursuant to clause 2 of rule XII the Coastal Barrier Resources System Clam Pass worthiness Directives; BAE Systems (Oper- following action was taken by the ations) Limited Model BAe 146 amd Avro 146- Unit FL–64P (Rept. 109–581). Referred to the Committee of the Whole House on the State Speaker: RJ Airplanes [Docket No. FAA-2006-24204; Di- H.R. 2134. Referral to the Committee on rectorate Identifier 2005-NM-178-AD; Amend- of the Union. Mr. POMBO: Committee on Resources. House Administration extended for a period ment 39-14612; AD 2006-11-08] (RIN: 2120-AA64) ending not later than September 29, 2006. received July 12, 2006, pursuant to 5 U.S.C. H.R. 5057. A bill to authorize the Marion 801(a)(1)(A); to the Committee on Transpor- Park Project and Committee of the Pal- f tation and Infrastructure. metto Conservation Foundation to establish 8740. A letter from the Program Analyst, a commemorative work on Federal land in PUBLIC BILLS AND RESOLUTIONS FAA, Department of Transportation, trans- the District of Columbia, and its environs to Under clause 2 of rule XII, public mitting the Department’s final rule — Air- honor Brigadier General Francis Marion; bills and resolutions were introduced with amendments (Rept. 109–582). Referred to worthiness Directives; Raytheon Model and severally referred, as follows: Hawker 800XP Airplanes [Docket No. FAA- the Committee of the Whole House on the 2006-24084; Directorate Identifier 2006-NM-017- State of the Union. By Mr. HYDE (for himself and Mr. LAN- AD; Amendment 39-14611; AD 2006-11-07] (RIN: Mr. POMBO: Committee on Resources. TOS): 2120-AA64) received July 12, 2006, pursuant to H.R. 3817. A bill to withdraw the Valle Vidal H.R. 5847. A bill to amend the Arms Export 5 U.S.C. 801(a)(1)(A); to the Committee on Unit of the Carson National Forest in New Control Act to strengthen the requirements Transportation and Infrastructure. Mexico from location, entry, and patent for congressional review of arms sales and 8741. A letter from the Program Analyst, under the mining laws, and for other pur- exports under such Act, and for other pur- FAA, Department of Transportation, trans- poses (Rept. 109–583). Referred to the Com- poses; to the Committee on International mitting the Department’s final rule — Air- mittee of the Whole House on the State of Relations, and in addition to the Committee worthiness Directives; Rolls-Royce plc RB211 the Union. on Rules, for a period to be subsequently de- Series Turbofan Engines [Docket No. 2003- Mr. POMBO: Committee on Resources. termined by the Speaker, in each case for NE-12-AD; Amendment 39-14609; AD 2006-11- H.R. 2134. A bill to establish the Commission consideration of such provisions as fall with- 05] (RIN: 2120-AA64) received July 12, 2006, to Study the Potential Creation of a Na- in the jurisdiction of the committee con- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tional Museum of the American Latino Com- cerned. mittee on Transportation and Infrastruc- munity to develop a plan of action for the es- By Mr. REYNOLDS: ture. tablishment and maintenance of a National H.R. 5848. A bill to increase the number of 8742. A letter from the Program Analyst, Museum of the American Latino Community types of documents able to satisfy the re- FAA, Department of Transportation, trans- in Washington, DC, and for other purposes quirements of the Western Hemisphere Trav- mitting the Department’s final rule — Air- (Rept. 109–584 Pt. 1). Ordered to be printed. el Initiative, and to ensure such documents worthiness Directives; Viking Air Limited Mr. SENSENBRENNER: Committee on the are widely available and affordable; to the Model DHC-7 Airplanes [Docket No. FAA- Judiciary. H.R. 3049. A bill to amend section Committee on Homeland Security, and in ad- 2005-22146; Directorate Identifier 2002-NM-184- 42 of title 18, United States Code, popularly dition to the Committee on International AD; Amendment 39-14606; AD 2006-11-02] (RIN: known as the Lacey Act, to add certain spe- Relations, for a period to be subsequently de- 2120-AA64) received July 12, 2006, pursuant to cies of carp to the list of injurious species termined by the Speaker, in each case for 5 U.S.C. 801(a)(1)(A); to the Committee on that are prohibited from being imported or consideration of such provisions as fall with- Transportation and Infrastructure. shipped (Rept. 109–585). Referred to the Com- in the jurisdiction of the committee con- 8743. A letter from the Program Analyst, mittee of the Whole House on the State of cerned. FAA, Department of Transportation, trans- the Union. By Mr. HAYES: mitting the Department’s final rule — Air- Mr. POMBO: Committee on Resources. H.R. 5849. A bill to increase the fine and worthiness Directives; Airbus Model A300 B4- H.R. 5411. A bill to direct the Secretary of prison term for textile transshipment, and 600R and A300 F4-600R Series Airplanes the Interior to establish a demonstration for other purposes; to the Committee on the [Docket No. FAA-2006-23760; Directorate program to facilitate landscape restoration Judiciary. Identifier 2005-NM-211-AD; Amendment 39- programs within certain units of the Na- By Ms. WASSERMAN SCHULTZ (for 14605; AD 2006-11-01] (RIN: 2120-AA64) received tional Park System established by law to herself, Mr. WOLF, Mr. MOORE of Kan- July 12, 2006, pursuant to 5 U.S.C. preserve and interpret resources associated sas, Mr. WEXLER, Mrs. MCCARTHY, 801(a)(1)(A); to the Committee on Transpor- with American history, and for other pur- Mr. ENGEL, Mr. OWENS, Mr. HASTINGS tation and Infrastructure. poses (Rept. 109–586). Referred to the Com- of Florida, Mr. KING of New York, 8744. A letter from the Program Analyst, Mr. ALEXANDER, Mr. OLVER, and Mr. FAA, Department of Transportation, trans- mittee of the Whole House on the State of KLINE): mitting the Department’s final rule — Air- the Union. H.R. 5850. A bill to increase the safety of worthiness Directives; Boeing Model 737-600, Mr. POMBO: Committee on Resources. swimming pools and spas by establishing a -700, -700C, -800, and -900 Series Airplanes H.R. 4947. A bill to expand the boundaries of [Docket No. FAA-2005-21028; Directorate the Cahaba River National Wildlife Refuge, swimming pool safety grant program admin- Identifier 2004-NM-238-AD; Amendment 39- and for other purposes; with an amendment istered by the Consumer Product Safety 14601; AD 2006-10-17] (RIN: 2120-AA64) received (Rept. 109–587). Referred to the Committee of Commission to encourage States to improve July 12, 2006, pursuant to 5 U.S.C. the Whole House on the State of the Union. their pool and spa safety laws, to educate the 801(a)(1)(A); to the Committee on Transpor- Mr. POMBO: Committee on Resources. public about pool and spa safety, and for tation and Infrastructure. H.R. 4301. A bill to direct the Secretary of other purposes; to the Committee on Energy 8745. A letter from the Program Analyst, the Interior to convey certain parcels of land and Commerce. FAA, Department of Transportation, trans- acquired for the Blunt Reservoir and Pierre By Mr. NEY (for himself and Mr. ABER- mitting the Department’s final rule — Air- Canal features of the initial stage of the CROMBIE): worthiness Directives; Engine Components Oahe Unit, James Division, South Dakota, to H.R. 5851. A bill to reauthorize the pro- Incorporated (ECi) Reciprocating Engine the Commission of Schools and Public Lands grams of the Department of Housing and Connecting Rods [Docket No. FAA-2005-21331; and the Department of Game, Fish, and Urban Development for housing assistance Directorate Identifier 2005-NE-07-AD; Parks of the State of South Dakota for the for Native Hawaiians; to the Committee on Amendment 39-14605; AD 2006-10-21] (RIN: purpose of mitigating lost wildlife habitat, Financial Services. 2120-AA64) received July 12, 2006, pursuant to on the condition that the current pref- By Mr. REICHERT (for himself, Mr. 5 U.S.C. 801(a)(1)(A); to the Committee on erential leaseholders shall have an option to PASCRELL, Mr. KING of New York, Mr. Transportation and Infrastructure. purchase the parcels from the Commission, THOMPSON of Mississippi, Mr. MCCAUL 8746. A letter from the Chief Financial Offi- and for other purposes (Rept. 109–588). Re- of Texas, Mrs. LOWEY, Mr. WELDON of cer, Library of Congress, transmitting ac- ferred to the Committee of the Whole House Pennsylvania, Mr. ETHERIDGE, Mr. tivities of the United States Capitol Preser- on the State of the Union. SIMMONS, Mrs. CHRISTENSEN, and Mr. vation Commission Fund for the six-month Mr. OXLEY: Committee on Financial Serv- DEFAZIO): period which ended on March 31, 2006, pursu- ices. H.R. 5121. A bill to modernize and up- H.R. 5852. A bill to amend the Homeland ant to 40 U.S.C. 188a-3; jointly to the Com- date the National Housing Act and enable Security Act of 2002 to enhance emergency mittees on House Administration and Gov- the Federal Housing Administration to use communications at the Department of ernment Reform. risk-based pricing to more effectively reach Homeland Security, and for other purposes;

VerDate Aug 31 2005 07:17 Nov 16, 2006 Jkt 059060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\RECORDCX\T37X$J0E\H20JY6.REC H20JY6 CCOLEMAN on PROD1PC71 with CONG-REC-ONLINE H5566 CONGRESSIONAL RECORD — HOUSE July 20, 2006 to the Committee on Energy and Commerce, United States to ensure a free and adequate H. Res. 938. A resolution requesting that and in addition to the Committee on Home- education for every child who is a citizen; to the President focus appropriate attention on land Security, for a period to be subse- the Committee on the Judiciary. neighborhood crime prevention and commu- quently determined by the Speaker, in each By Mr. ACKERMAN: nity policing, and coordinate certain Federal case for consideration of such provisions as H.J. Res. 93. A joint resolution dis- efforts to participate in ‘‘National Night fall within the jurisdiction of the committee approving the issuance of letters of offer Out’’, which occurs the first Tuesday of Au- concerned. with respect to certain proposed sales of de- gust each year, including by supporting local By Mr. ANDREWS (for himself and Mr. fense articles and defense services to Paki- efforts and community watch groups and by GRAVES): stan; to the Committee on International Re- supporting local officials, to promote com- H.R. 5853. A bill to amend the Commodity lations. munity safety and help provide homeland se- Exchange Act to add a provision relating to By Ms. WATERS: curity; to the Committee on the Judiciary. reporting and recordkeeping for positions in- H. Con. Res. 452. Concurrent resolution ex- f volving energy commodities; to the Com- pressing the sense of Congress that the De- mittee on Agriculture. partment of Defense should provide full dis- MEMORIALS By Mr. BEAUPREZ: closure regarding the details of the deaths of Under clause 3 of rule XII, memorials H.R. 5854. A bill to establish a pilot pro- members of the Armed Forces to their fami- gram under which the Secretary of Edu- lies at the earliest possible date; to the Com- were presented and referred as follows: cation allows selected States to combine cer- mittee on Armed Services. 406. The SPEAKER presented a memorial tain funds under the Elementary and Sec- By Mr. THOMPSON of Mississippi: of the Legislature of the State of Maine, rel- ondary Education Act of 1965 to improve the H. Res. 930. A resolution recognizing and ative to House Joint Resolution No. 1500 me- academic achievement of its students; to the honoring York for his role in the Lewis and morializing the Secretary of the Navy to Committee on Education and the Workforce. Clark Expedition; to the Committee on Gov- Honor the gift of 1,000 achres known as By Mr. CARDIN (for himself, Mr. ernment Reform. Brunswick Commons bestowed in 1719 by the ENGLISH of Pennsylvania, Mr. WYNN, By Mr. THOMPSON of Mississippi: Pejepscot Proprietors to the Town of Bruns- Mr. HOYER, Mr. RANGEL, Mr. H. Res. 931. A resolution expressing the wick forever and return it to the town at no RUPPERSBERGER, Mr. STARK, Mr. sense of the House of Representatives that cost; to the Committee on Armed Services. OWENS, Mr. HINOJOSA, Mr. BISHOP of on August 27, 2006, people of goodwill 407. Also, a memorial of the House of Rep- Georgia, Ms. JACKSON-LEE of Texas, throughout the United States should remem- resentatives of the State of Florida, relative Mr. BUTTERFIELD, Mr. GERLACH, Mr. ber the victims of Hurricane Katrina, both to House Memorial No. 541 urging the Con- DAVIS of Illinois, and Ms. MCKINNEY): living and dead, and pledge to work toward gress of the United States to support a Na- H.R. 5855. A bill to amend the Internal Rev- the repair, rebuilding, and resettlement of tional Catastrophe Insurance Program; to enue Code of 1986 to provide for the exclusion the Gulf Coast of the United States; to the the Committee on Financial Services. from gross income of certain wages of a cer- Committee on Government Reform. 408. Also, a memorial of the House of Rep- tified master teacher, and for other purposes; By Mr. BERRY: resentatives of the State of Michigan, rel- to the Committee on Ways and Means. H. Res. 932. A resolution expressing the ative to House Resolution No. 247 memori- By Ms. DELAURO (for herself, Mr. BOS- sense of the House of Representatives that alizing the Congress of the United States to WELL, Ms. KAPTUR, Mr. SKELTON, Mr. the Congress should make additional emer- enact the Nursing Home Fire Safety Act; to BROWN of Ohio, Mr. GRIJALVA, and gency supplemental appropriations for nec- the Committee on Energy and Commerce. 409. Also, a memorial of the Senate of the Ms. MCCOLLUM of Minnesota): essary expenses for enforcement of laws re- H.R. 5856. A bill to amend the Internal Rev- lating to border security, immigration, and Commonwealth of Massachusetts, relative to enue Code of 1986 to allow the allocation of customs; to the Committee on Homeland Se- a Resolution memorializing the Congress of the alternative fuel vehicle refueling prop- curity, and in addition to the Committees on the United States to pass Senate Joint Reso- erty credit to patrons of agricultural co- the Judiciary, and Ways and Means, for a pe- lution No. 15 apologizing to all Native Amer- operatives; to the Committee on Ways and riod to be subsequently determined by the ican Peoples on behalf of the United States; Means. Speaker, in each case for consideration of to the Committee on Resources. By Mr. GRIJALVA (for himself, Mr. such provisions as fall within the jurisdic- 410. Also, a memorial of the General As- sembly of the State of Tennessee, relative to SHADEGG, Mr. RENZI, Mr. FRANKS of tion of the committee concerned. Senate Joint Resolution No. 911 urging the Arizona, Mr. KOLBE, Mr. HAYWORTH, By Mr. CONYERS (for himself, Mr. reauthorization of the special provisions of Mr. PASTOR, and Mr. FLAKE): BERMAN, and Mr. NADLER): H.R. 5857. A bill to designate the facility of H. Res. 933. A resolution commending the Voting Rights Act of 1965; to the Com- the United States Postal Service located at agents, attorneys, and employees of the Of- mittee on the Judiciary. 1501 South Cherrybell Avenue in Tucson, Ari- fice of the Inspector General of the Depart- 411. Also, a memorial of the Senate of the zona, as the ‘‘Morris K. ’Mo’ Udall Post Of- ment of Justice; to the Committee on the State of Tennessee, relative to Senate Reso- fice Building’’; to the Committee on Govern- Judiciary. lution No. 158 memorializing the Congress of ment Reform. By Mr. GINGREY: the United States to enact the ‘‘Constitution By Mrs. LOWEY (for herself, Ms. ROS- H. Res. 934. A resolution supporting the Restoration Act of 2005’’; to the Committee LEHTINEN, Mr. LANTOS, Mr. HONDA, goals and ideals of Plan Ahead with an Ad- on the Judiciary. 412. Also, a memorial of the General As- Mr. MCGOVERN, Mr. BLUMENAUER, Mr. vance Directive Week; to the Committee on sembly of the State of Tennessee, relative to FATTAH, Mr. GEORGE MILLER of Cali- Energy and Commerce. Senate Joint Resolution No. 574 urging the fornia, and Mr. SCHIFF): By Mr. JEFFERSON (for himself, Mr. H.R. 5858. A bill to increase the United BOUSTANY, Mr. ROSS, Mr. SCOTT of Congress of the United States to propose, States financial and programmatic contribu- Virginia, Ms. KILPATRICK of Michi- adopt, and submit to the states for ratifica- tions to promote economic opportunities for gan, Ms. LEE, Mr. MELANCON, Mr. tion a balanced budget amendment to the women in developing countries; to the Com- BRADY of Pennsylvania, Mr. ALEX- United States Constitution; to the Com- mittee on International Relations. ANDER, Mr. TOWNS, Mr. CLEAVER, Mr. mittee on the Judiciary. 413. Also, a memorial of the House of Rep- By Mr. MCHENRY: BAKER, Mr. MCCRERY, and Mr. H.R. 5859. A bill to establish a commission THOMPSON of Mississippi): resentatives of the State of Michigan, rel- to develop legislation designed to reform en- H. Res. 935. A resolution acknowledging ative to House Resolution No. 269 memori- titlement benefit programs and ensure a the progress yet to be made in the rebuilding alizing the President of the United States sound fiscal future for the United States, and after Hurricanes Katrina and Rita; to the and the Congress of the United States to for other purposes; to the Committee on the Committee on Transportation and Infra- make the Republic of Poland eligible for the Budget, and in addition to the Committee on structure. United States Department of State Visa Rules, for a period to be subsequently deter- By Mr. LEWIS of Kentucky: Waiver Program; to the Committee on the mined by the Speaker, in each case for con- H. Res. 936. A resolution expressing the Judiciary. sideration of such provisions as fall within sense of the House of Representatives that 414. Also, a memorial of the Legislature of the jurisdiction of the committee concerned. the City of Bowling Green, Kentucky, lo- the State of Maine, relative to House Joint By Mr. PAUL: cated in Warren County, can be proud of Resolution No. 1508 memorializing the Presi- H.R. 5860. A bill to amend the Internal Rev- being a part of the history of the production dent of the United States, the Congress of enue Code of 1986 to allow an above-the-line of an American Icon, the Corvette, for 25 the United States and the United States De- deduction for State and local, and foreign, years; to the Committee on Government Re- partment of Justice to establish satellite real property taxes; to the Committee on form. voting for displaced victims of Hurricane Ways and Means. By Mrs. MUSGRAVE: Katrina; to the Committee on the Judiciary. By Mr. PEARCE: H. Res. 937. A resolution to congratulate 415. Also, a memorial of the Senate of the H.R. 5861. A bill to amend the National His- Fort Collins, Colorado, on being named the State of New Jersey, relative to Senate Res- toric Preservation Act, and for other pur- best place to live in the United States for olution No. 29 requesting that Rutgers Uni- poses; to the Committee on Resources. 2006; to the Committee on Government Re- versity assist the ‘‘Flood Mitigation Task By Mr. OWENS: form. Force’’ to determine causes and solutions to H.J. Res. 92. A joint resolution proposing By Mr. STUPAK (for himself, Mr. flooding in New Jersey; to the Committee on an amendment to the Constitution of the BRADY of Texas, and Mr. GERLACH): Transportation and Infrastructure.

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416. Also, a memorial of the Senate of the H.R. 2421: Mr. SCOTT of Georgia and Mr. H.R. 5472: Mr. COSTA, Mr. DOGGETT, Mr. State of Texas, relative to Senate Resolution PICKERING. BUYER, Mr. MORAN of Virginia, Mr. ALLEN, No. 9 memorializing the Congress of the H.R. 2458: Mr. CONAWAY. Mr. SANDERS, Mr. HASTINGS of Florida, Mr. United States to address problems in the De- H.R. 2488: Mr. CLYBURN. CLEAVER, Ms. HOOLEY, Mr. HONDA, Ms. partment of Veterans Affairs related to the H.R. 2568: Mr. HINCHEY. MCCOLLUM of Minnesota, Mr. BERMAN, Ms. provisions of health care and benefits, the H.R. 2671: Mr. MELANCON. SCHAKOWSKY, Mr. HINOJOSA, Mr. NADLER, Mr. adjudication of claims, accountability, and H.R. 2828: Mr. CARNAHAN. CARDIN, Mr. RANGEL, Mr. WALSH, Ms. outreach and to enact legislation that cre- H.R. 2840: Mr. PAUL. SCHWARTZ of Pennsylvania, Mr. SCOTT of ates an appropriation formula that ensures H.R. 2965: Mr. SMITH of New Jersey, Mr. Georgia, Mr. KING of New York, Mr. KIRK, predictable and adequate funding for the MARCHANT, and Ms. WATERS. Mr. GONZALEZ, and Mr. EMANUEL. health care problems of the Veterans Health H.R. 3186: Mr. MORAN of Virginia. H.R. 5500: Mrs. NORTHUP and Mr. LEWIS of Administration; to the Committee on Vet- H.R. 3195: Mr. FORTUN˜ O and Mr. MARKEY. Kentucky. erans’ Affairs. H.R. 3196: Mr. SERRANO. H.R. 5513: Mrs. CAPITO, Mr. MILLER of 417. Also, a memorial of the Senate of the H.R. 3248: Mrs. JO ANN DAVIS of Virginia North Carolina, and Mr. SWEENEY. Commonwealth of Massachusetts, relative to and Mr. GOODE. a Resolution memorializing the Congress of H.R. 5536: Mr. ABERCROMBIE. H.R. 3282: Mr. DENT. the United States to provide relief from H.R. 5555: Mr. FERGUSON. H.R. 3436: Mr. MCCOTTER and Mr. PAUL. growing energy costs; to the Committee on H.R. 5598: Ms. BERKLEY. H.R. 3547: Mr. BISHOP of Georgia and Mr. Ways and Means. GENE GREEN of Texas. H.R. 5613: Mr. PITTS and Mr. WILSON of 418. Also, a memorial of the Senate of the H.R. 3559: Mr. GRAVES. South Carolina. State of Texas, relative to Senate Resolution H.R. 3603: Mrs. BONO. H.R. 5624: Mr. HASTINGS of Florida. No. 720 encouraging the President of the H.R. 3762: Mr. FORD. United States to extend the benefits of free H.R. 5642: Ms. SCHWARTZ of Pennsylvania, H.R. 3795: Mr. HOEKSTRA and Mr. KIRK. trade by enacting a free trade agreement be- Mr. FRANK of Massachusetts, Mr. WEXLER, tween the United States and Taiwan; to the H.R. 3874: Mr. HINOJOSA. Mr. MCGOVERN, Ms. EDDIE BERNICE JOHNSON Committee on Ways and Means. H.R. 3936: Mr. SCOTT of Georgia. of Texas, Ms. ZOE LOFGREN of California, Mr. 419. Also, a memorial of the Senate of the H.R. 3949: Mr. MILLER of North Carolina. MEEHAN, and Mrs. MALONEY. State of Illinois, relative to Senate Resolu- H.R. 4047: Mr. STEARNS. H.R. 5674: Mr. MILLER of North Carolina tion No. 630 urging the Congress of the H.R. 4188: Mr. HIGGINS and Ms. KAPTUR. and Ms. BERKLEY. H.R. 4212: Mr. OBERSTAR. United States to enact a prescription drug H.R. 5682: Mr. LEWIS of Kentucky and Mr. benefit for senior citizens that is run by the H.R. 4236: Mr. REHBERG. MILLER of Florida. H.R. 4239: Ms. SCHWARTZ of Pennsylvania. Medicare program itself; jointly to the Com- H.R. 5700: Mr. BACHUS. mittees on Ways and Means and Energy and H.R. 4264: Mr. MARSHALL and Mr. BRADY of H.R. 5704: Mrs. DRAKE and Mr. WELDON of Commerce. Pennsylvania. Florida. 420. Also, a memorial of the Senate of the H.R. 4291: Mr. DAVIS of Illinois, Mrs. Commonwealth of Massachusetts, relative to NAPOLITANO, Mr. GRIJALVA, and Mr. COOPER. H.R. 5755: Mr. OTTER, Mr. CRAMER, Mr. a Resolution affirming the civil rights and H.R. 4366: Ms. BEAN. LUCAS, Mr. LIPINSKI, and Mr. FOLEY. liberties of the people of Massachusetts; H.R. 4403: Mr. OTTER, Mr. SIMPSON, and Mr. H.R. 5758: Mr. ROSS. jointly to the Committees on the Judiciary, JEFFERSON. H.R. 5766: Mr. GREEN of Wisconsin, Mrs. Intelligence (Permanent Select), and Armed H.R. 4517: Mr. DOYLE. BLACKBURN, Mr. KENNEDY of Minnesota, Mr. Services. H.R. 4547: Mr. RENZI. PEARCE, and Mr. ROYCE. H.R. 4560: Mr. MURPHY. f H.R. 5770: Mr. HASTINGS of Florida. H.R. 4562: Mr. BONILLA, Mr. MCKEON, Mr. H.R. 5771: Mr. MILLER of North Carolina, ADDITIONAL SPONSORS MICA, Ms. KAPTUR, Mr. FARR, and Mr. FER- Ms. SCHWARTZ of Pennsylvania, Mr. MEEHAN, GUSON. Under clause 7 of rule XII, sponsors Mr. TIERNEY, Mr. KUCINICH, Ms. WASSERMAN H.R. 4747: Mr. MELANCON and Mr. CRAMER. were added to public bills and resolu- SCHULTZ, and Mr. ROTHMAN. H.R. 4751: Ms. SCHWARTZ of Pennsylvania H.R. 5772: Mr. BROWN of South Carolina and tions as follows: and Mr. FORD. Mr. MCCRERY. H.R. 65: Mr. SPRATT. H.R. 4800: Mr. BISHOP of New York. H.R. 450: Ms. BORDALLO. H.R. 5013: Mr. GARY G. MILLER of Cali- H.R. 5805: Mr. CARNAHAN, Mr. MARKEY, and H.R. 503: Mr. CRAMER. fornia. Mr. SESSIONS. H.R. 550: Mrs. KELLY and Mr. CRAMER. H.R. 5022: Mr. SCOTT of Georgia and Ms. H.R. 5806: Ms. MOORE of Wisconsin, Ms. H.R. 552: Mr. KENNEDY of Minnesota. BALDWIN. EDDIE BERNICE JOHNSON of Texas, Ms. WA- H.R. 614: Mr. CRAMER. H.R. 5052: Ms. MOORE of Wisconsin. TERS, Mr. MCNULTY, and Mrs. MCCARTHY. H.R. 759: Mr. WYNN. H.R. 5092: Mr. ROGERS of Michigan, Mr. H.R. 5818: Mr. FEENEY, Mr. HENSARLING, H.R. 817: Mr. WELLER, Mr. NUSSLE, Mr. NEUGEBAUER, Mr. POMBO, Mr. CULBERSON, and Mr. WICKER. CAMP of Michigan, Mr. HERGER, Mr. LINDER, Mr. BROWN of South Carolina, Mr. LEWIS of H.R. 5825: Mr. RAMSTAD. Mr. GILLMOR, and Mr. MANZULLO. Kentucky, Mr. RENZI, and Mr. MACK. H.R. 5830: Mr. POE and Mr. CULBERSON. H.R. 864: Mr. BROWN of Ohio, Mr. BRADY of H.R. 5120: Mr. PAYNE. Pennsylvania, Mr. POE, Mr. JEFFERSON, and H.R. 5121: Mrs. NAPOLITANO. H.R. 5834: Ms. ESHOO, Mr. BROWN of Ohio, and Mr. KUCINICH. Mr. MCNULTY. H.R. 5139: Mr. SCHWARZ of Michigan and H.R. 898: Mr. CRAMER. Mr. STARK. H.R. 5835: Mr. MORAN of Kansas and Mr. H.R. 934: Mr. RAMSTAD, Mr. MCGOVERN, and H.R. 5166: Ms. HERSETH. BOSWELL. Mr. STRICKLAND. H.R. 5171: Ms. KAPTUR. H.R. 5837: Mr. GEORGE MILLER of Cali- H.R. 947: Mr. ISTOOK. H.R. 5185: Ms. MCCOLLUM of Minnesota and fornia, Mr. KILDEE, and Mr. CLAY. H.R. 964: Mr. PAYNE and Mr. RAMSTAD. Mrs. TAUSCHER. H. Con. Res. 174: Ms. BORDALLO, Mr. H.R. 1020: Mr. CRAMER. H.R. 5212: Ms. SCHWARTZ of Pennsylvania. WEXLER, Ms. MATSUI, and Mr. SHAYS. H.R. 1108: Mr. SCOTT of Georgia. H.R. 5236: Mr. MOORE of Kansas and Mr. AL H. Con. Res. 197: Mr. MOORE of Kansas. H.R. 1131: Ms. HARMAN. GREEN of Texas. H. Con. Res. 222: Mr. MCKEON. H.R. 1227: Mr. BILIRAKIS. H.R. 5247: Ms. HARMAN. H. Con. Res. 411: Mr. MANZULLO, Mr. BAR- H.R. 1329: Mrs. BONO and Mr. KIRK. H.R. 5248: Mr. JACKSON of Illinois, Mrs. RETT of South Carolina, Mr. AKIN, and Mr. H.R. 1358: Mr. BOREN. DAVIS of California, and Ms. BALDWIN. WHITFIELD. H.R. 1471: Mrs. TAUSCHER and Mr. MATHE- H.R. 5316: Mr. OLVER and Mr. ROSS. SON. H.R. 5319: Mrs. KELLY. H. Con. Res. 415: Mr. ROHRABACHER, Mr. H.R. 1554: Mr. JINDAL. H.R. 5344: Mr. HONDA. CROWLEY, and Ms. MCCOLLUM of Minnesota. H.R. 1578: Miss MCMORRIS and Mr. MCGOV- H.R. 5351: Mr. RANGEL. H. Con. Res. 416: Mr. YOUNG of Florida and ERN. H.R. 5371: Mr. TIERNEY. Mr. CALVERT. H.R. 2088: Mr. NUSSLE, Mr. LATHAM, Mr. H.R. 5372: Ms. BALDWIN, Mr. LEVIN, and Mr. H. Con. Res. 424: Mr. KLINE, Mr. KUHL of NEUGEBAUER, Mr. CULBERSON, Mr. BROWN of SNYDER. New York, Mr. BOOZMAN, Mr. JOHNSON of Illi- South Carolina, Ms. HARRIS, and Mr. RENZI. H.R. 5396: Mr. WEXLER, Mr. BISHOP of Geor- nois, Mr. EMANUEL, Mr. WELLER, Ms. H.R. 2090: Mr. MCGOVERN and Mr. JACKSON gia, and Mr. ETHERIDGE. CORRINE BROWN of Florida, Mr. SIMPSON, Mr. of Illinois. H.R. 5397: Mr. GORDON and Mrs. CAPITO. OTTER, and Mr. BEAUPREZ.

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Vol. 152 WASHINGTON, THURSDAY, JULY 20, 2006 No. 96 Senate The Senate met at 9:30 a.m. and was lic for which it stands, one nation under God, FANNIE LOU HAMER, ROSA called to order by the President pro indivisible, with liberty and justice for all. PARKS, AND CORETTA SCOTT tempore (Mr. STEVENS). The PRESIDENT pro tempore. The KING VOTING RIGHTS ACT REAU- Senator from North Carolina. THORIZATION AND AMENDMENTS PRAYER ACT OF 2006 The PRESIDENT pro tempore. To- f The PRESIDENT pro tempore. Under day’s prayer will be offered by the Rev- the previous order, the Senate will pro- erend Ed Sears, Grace Baptist Temple, REVEREND ED SEARS ceed to the consideration of H.R. 9, Winston-Salem, NC. Mr. BURR. Mr. President, it is my which the clerk will report. The guest Chaplain offered the fol- honor and pleasure to welcome our The legislative clerk read as follows: lowing prayer: guest Chaplain this morning, the Rev- A bill (H.R. 9) to amend the Voting Rights Let us pray together. erend Ed Sears of Winston-Salem, NC. Act of 1965. Our Father and our God, as we as- Reverend Sears is from my hometown, RECOGNITION OF THE MAJORITY LEADER semble today in the Senate Chamber, and it is an honor to have him in Wash- The PRESIDENT pro tempore. The we do so with a keen sense of aware- ington today blessing the Senate. majority leader is recognized. ness of our special need of You. Our Na- Reverend Sears is the senior pastor SCHEDULE tion has a rich history of Your many at Grace Baptist Temple in Winston- Mr. FRIST. Mr. President, this morn- blessings, and we ask for those bless- Salem. He has faithfully served Grace ing we are proceeding directly to H.R. ings to continue upon us. May Your Baptist’s congregation of over 1,000 9, the voting rights reauthorization presence be felt, and may Your hand of members for the past 25 years. Rev- bill. We have a unanimous consent divine provision be realized. erend Sears first heard his call to serve order that provides for up to 8 hours of In this awesome assembly today, give in 1971 and has since used his faith to debate today, although I do not expect to each person wisdom and under- minister and lead. In addition to his all that time will be necessary. We will standing for the times that are at service to his church and his commu- proceed to a vote on passage of H.R. 9 hand. With the rich bounty of our his- nity, Reverend Sears holds the distinc- whenever that time is used or yielded tory and the awesome opportunities of tion of blessing both the House of Rep- back, and therefore that vote will this present hour, may we move into resentatives and the Senate. In 2003, occur sometime this afternoon, and I this day with a special sense of Your Reverend Sears was the guest Chaplain expect passage of that voting rights re- call. in the House and now honors us this authorization bill. With our confidence in You and our morning in the Senate. Grace Baptist There are several circuit and district responsibility to each other, we invite Temple, the city of Winston-Salem, court judges that will require some de- Your guidance and direction in the af- and I appreciate his faith and fellow- bate and votes today. We will have a fairs of state this day. In times of de- ship. unanimous consent agreement on those bate and difference, may we remember Reverend Sears has been happily debate times shortly, and we will like- that at the end of the day we are, in- married for 39 years. His wife’s name is ly consider those judicial nominations deed, ‘‘one nation under God.’’ Linda, and they have three daughters, following the passage of the Voting Protect those who serve the cause of Kelly, Millicent, and Heather. I would Rights Act. freedom around our world, especially also like to congratulate Reverend We have been working on an agree- those serving in our Armed Forces. Sears on the newest addition to his ment on the child predator legislation May the love of God the Father, the family, his youngest granddaughter, for a short debate and vote, which will grace and mercy of the Lord Jesus, and Anna Claire Walker. occur today, and we hope to have that the communion of Thy spirit rest upon Mr. President, it is our privilege to agreement as well. Finally, we have an order to proceed the Members of this Senate as they have Reverend Ed Sears lead the Sen- to the child custody protection bill gather to conduct our Nation’s busi- ate in its opening prayer. ness. In Jesus’s Name. Amen. today, and we have Senators who would like to speak on this issue later f f today as well. PLEDGE OF ALLEGIANCE Having said that, the schedule will The PRESIDENT pro tempore led the RESERVATION OF LEADER TIME require votes over the course of the Pledge of Allegiance, as follows: The PRESIDENT pro tempore. Under day—possibly into the evening—in I pledge allegiance to the Flag of the the previous order, the leadership time order to finish. Although there is a lot United States of America, and to the Repub- is reserved. to do and people have requested time

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

S7949

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VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.000 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7950 CONGRESSIONAL RECORD — SENATE July 20, 2006 to be set aside, I think a lot of that record that the Supreme Court has re- similar success. The State’s voting age time can be yielded back over the quired very extensive records. The Su- population is 34 percent African Amer- course of the day and we will be able to preme Court struck down parts of the ican. Almost 30 percent of its rep- complete the schedule as I have laid landmark legislation protecting resentatives in the State House and 25 out. women against violence because the percent of its delegations in the U.S. In a few moments, after the chair- Court disagreed with the congressional House of Representatives are African man makes his opening statements on ‘‘method of reasoning.’’ It is a little American. the Voting Rights Act reauthorization, hard to understand that conclusion, The Congress of 1965 relied on evi- I will return with an opening state- but they have the final word. They dence that Black registration was so ment as well. It has been a process we have a test on the adequacy of the dramatically lower than White reg- have expedited in many ways because record; that it be congruent and pro- istration that the differences could the importance and significance of this portional. It is sometimes hard to un- only be explained by purposeful efforts legislation is very clear. So I am de- derstand exactly what that test is, but to disenfranchise Black citizens. In- lighted that we are moving to it this we are on guard to compile a very ex- deed, in some cases, the gap was 50 per- morning and that we will be passing it tensive record in order to avoid having centage points. In Alabama, Black reg- later this afternoon. the act declared unconstitutional. istration was just at 18 percent, and in The PRESIDENT pro tempore. The The bill which we will vote on today Mississippi, a little over 6 percent. Senator from Pennsylvania is recog- accomplishes many important items. Today, in Alabama and Louisiana, nized. First, it strengthens voting rights pro- Blacks are registered at approximately Mr. SPECTER. Are we prepared to tections nationwide by allowing voters the same rate as White voters, and in proceed at this time with the consider- who successfully challenge illegal vot- Georgia, Mississippi, North Carolina, ation of the Voting Rights Act? ing practices to recover reasonable ex- and Texas, Black registration and The PRESIDENT pro tempore. That penses of litigation. Second, it extends turnout in the 2004 election was higher is correct. the protections for voters with limited than that of the Whites. Mr. SPECTER. Mr. President, this is English skills for 25 years. Those vot- The Congress of 1965 relied on find- a historic day for the Senate and really ers will continue to enjoy the protec- ings of Federal courts and the Justice a historic day for America as we move tion of bilingual ballots and assistance Department that the covered States forward with Senate action to reau- at the polls. It also extends for 25 years were engaged in the practice of delib- thorize the Voting Rights Act. This ac- the requirements that the Department erate unconstitutional behavior. For tion, coming from the Judiciary Com- of Justice preclear any voting change example, the 1965 Senate report noted mittee in our executive session yester- in certain covered jurisdictions where that Alabama, Louisiana, and Mis- day afternoon, passed unanimously—18 there has been a history of discrimina- sissippi had lost every voting discrimi- to 0—moves the Senate toward comple- tion. The bill clarifies how the nation suit brought against them, and tion of this reauthorization today and preclearance protections should work, in the previous 8 years, each State had for submission to the President and for guaranteeing that voting laws enacted eight or nine courts find them guilty of the formal signing next week. with a discriminatory purpose never violating the Constitution. In an era where many have chal- get enacted into law. So, it moves Today, the statistics paint a starkly lenged the ability of the Congress to America in the right direction. different picture. Since 1982, only six function in the public interests and in The benefits and effects of the Voting cases have ended in court ruling or a an era where there is so much partisan Rights Act of 1965 have been profound, consent decree finding that one of the disagreement, it is good to see the two to put it mildly. It is the political 880 covered jurisdictions had com- parties in the House and the Senate power of the minorities for whom the mitted unconstitutional discrimina- coming together to reauthorize this Voting Rights Act was designed who tion against minority voters. During very important legislation. pushed the Congress forward a year in that time, six cases have found that a I thank and congratulate the mem- advance of the expiration of the Voting noncovered jurisdiction committed un- bers of the Senate Judiciary Com- Rights Act, to move ahead and get this constitutional discrimination against mittee for pulling together and moving important job done early. minority voters. If the data is focused ahead at this time, with a prodigious If you contrast 1964, before the Vot- on the last 11 years, the results are amount of work, to bring this impor- ing Rights Act was passed, with what is even more dramatic. Since 1995, only tant matter to the floor. The com- happening in America today, it is a dif- two cases ended in a finding that a cov- mittee has proceeded with 9 hearings. ferent America. It is a different polit- ered jurisdiction unconstitutionally We have had 46 witnesses. We have had ical reality. In 1964, there were only ap- discriminated against minority voters. 11 leading academics come to testify proximately 300 African Americans in Looking at voting rights cases paints from such distinguished institutions as public office, including just 3 in the a similar picture. In 1982, 39 court cases the Yale Law School, Stanford Univer- Congress. Few, if any, Black elected of- ended with a finding that one of the 880 sity, the University of Pennsylvania ficials came from the South. Today, covered jurisdictions had violated Sec- Law School, New York University Law there are more than 9,000 Black elected tion 2 of the Voting Rights Act. That is School, and others. officials, including 43 Members of Con- the provision that prohibits discrimi- The House of Representatives held 12 gress. This is the largest number ever. nation nationwide. During the same pe- hearings to gather evidence on voting Quite a record. The Voting Rights Act riod of time, 40 court cases have ended discrimination, featuring testimony has opened the political process for with a finding that one of the non- from some 46 witnesses. many of the approximately 6,000 Latino covered jurisdictions have violated We have had some of the leading lu- public officials who have been elected, Section 2. Not a perfect record, but it minaries in the Nation testify, such as including 263 at the State or Federal shows that discrimination has become Professor Chandler Davidson, coauthor level, 27 of whom serve in Congress. more incidental and less systematic. of the landmark book on the Voting This progress is especially striking in There is no doubt this improved Rights Act ‘‘Quiet Revolution in the covered jurisdictions where hundreds of record is a direct result of the Voting South;’’ Theodore Shaw, Director- minorities hold office. In Georgia, for Rights Act. When we take a look at Counsel and President of the NAACP example, minorities are elected at civil rights legislation generally, the Legal Defense and Education Fund; rates proportionate to or higher than Voting Rights Act is the most impor- Fred Gray, veteran civil rights attor- their numbers. In Georgia, the voting- tant part of our effort to give minori- ney who began his career in the midst age population is 27 percent African ties—give all Americans—their full of the civil rights movement in the American. Almost 31 percent of its del- range of constitutional civil rights. 1950s and has represented such civil egations to the House of Representa- When we take a look at the activities rights leaders as Dr. Martin Luther tives are African American, and 26.5 of the three distinguished women for King, Jr., and Mrs. Rosa Parks. percent of officials elected statewide whom the Voting Rights Act has been We have been mindful in presenting are African American. Black can- named—Coretta Scott King, Rosa these witnesses and compiling this didates in Mississippi have achieved Parks, Fannie Lou Hamer—we see the

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.003 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7951 enormous contribution which they bers. One member was on the floor firmed that, in view of the proof of racial have made. Mrs. King, the widow of managing a bill and the other couldn’t motivation and continuing racially discrimi- pioneering civil rights leader Martin be there. So there was that kind of en- natory effect, the state law violated the Fourteenth Amendment. Luther King, Jr., devoted a lifetime to thusiasm. (2) Dillard v. City of Foley, 926 F. Supp. 1053 opposing racism, whether the 1960s seg- Now I want to yield to Senator (M.D. Ala. 1995) (ACLU Rep., p. 57). regation Alabama or the 1980s apart- LEAHY, the distinguished ranking African American plaintiffs in the City of heid in South Africa. Fortunately, she member. The committee has quite a Foley, Alabama, filed a motion to require lived to see so much of the progress record for 18 months. We moved the City to adopt and implement a non- America has made. Sadly, her husband, promptly on January 4 to confirm the discriminatory annexation policy and to annex Mills Quarters and Beulah Heights. Dr. King, did not see that. President’s designee for Attorney Gen- Plaintiffs also claimed that the City had vio- I recall, not too long ago, when Mrs. eral. We moved ahead to pass reform lated section 5 and section 2. As a result of King came to the Senate, in the adjoin- legislation on class actions and bank- negotiations, the parties entered into a con- ing room to the Senate Chambers, and ruptcy. We moved ahead, with Senator sent decree. The decree found plaintiffs had spoke out forcefully on the issues of LEAHY’s leadership and the leadership established ‘‘a prima facie violation of sec- civil rights. She was a real heroin in of Judge Becker, to move asbestos out tion 2 of the Voting Rights Act and the United States Constitution.’’ Id. at p. 59. America, to pursue the work of Dr. of committee—yet to be acted on, on (3) Brown v. Board of School Comm’rs., 706 F. King. the floor. We have confirmed two Su- 2d 1103 (11th Cir. 1983) (U Mich. L.Rep., http:// Every American schoolchild knows preme Court Justices and have moved www.votingreport.org.). the story of Miss Rosa Parks who, on the immigration bill out of committee. A class of African American voters chal- December 1, 1955, refused to give up her But none of our activities has been as lenged Mobile County’s at-large system for seat to a white passenger. She ex- important as the one we presented to electing School Board members. In 1852, Mo- bile County created at-large school board plained her motivation simply: the floor of the Senate yesterday when elections of 12 commissioners. In 1870, the People always say that I didn’t give up my we voted out the Voting Rights Act. election procedures changed; instead of se- seat because I was tired, but that isn’t true. Mr. President, I ask unanimous con- lecting all 12 commissioners, voters would I was not tired physically. . . . I was not old, sent that additional materials be print- select 9 of the 12 and the other 3 would be ap- . . . I was forty-two. No, the only tired I was, ed in the RECORD. pointed. This system had the effect of ensur- was tired of giving in. There being no objection, the mate- ing minority representation on the school Fannie Lou Hamer first learned that rial was ordered to be printed in the board. In 1876, the Alabama state legislature African Americans had a constitu- eliminated the Mobile County school board RECORD, as follows: system and returned the County to the 1852 tional right to vote in 1962, when she Below is a summary of all the cases that at-large election scheme which remained in was 44 years old. Ms. Hammer later ex- Senate Judiciary Committee staff has lo- effect until this suit was brought. plained that, despite death threats and cated in which a court or a settlement found The district court found that by re- violence, she was determined to exer- a constitutional violation of voting rights. instating the at-large election system, the cise her constitutional rights and said: Only six cases resulted in a finding that a Alabama state legislature intended to dis- criminate against African Americans in Mo- The only thing that they could do to me covered jurisdiction committed unconstitu- bile County in violation of the Fourteenth was to kill me, and it seemed like they had tional discrimination against minority vot- and Fifteenth Amendment. The Eleventh been trying to do that a little bit at a time ers. Six cases ended in a finding that found Circuit affirmed. ever since I could remember. that a covered jurisdiction had committed unconstitutional discrimination against GEORGIA So we come to this day in the Senate white voters. Six cases in non-covered juris- (4) Miller v. Johnson: 515 U.S. 900 (1995) where we are on the verge of passing dictions found unconstitutional voting prac- (ACLU Rep., 126–27). the Voting Rights Act, reauthorizing it tices against minority voters, and two In August 1991, the Georgia legislature as the House has done. The President against white or majority voters. adopted a congressional redistricting plan will be speaking within the hour to the An additional 22 cases found a constitu- based on the new census containing two ma- NAACP convention and doubtless will tional violation, but these did not involve ra- jority minority districts—the Fifth and the cial discrimination or any conduct addressed refer proudly to the acts of the Con- Eleventh. A third district, the Second, had a by the Voting Rights Act. Accordingly, these 35.4% black voting age population. The state gress in presenting him with this bill. cases are not relevant evidence for reauthor- submitted the plan for preclearance, but the I want to pay tribute to the Judici- ization. Attorney General objected to it. Following ary Committee. All the members Staff reviewed the ACLU’s 867-page Voting another objection to a second plan, the state worked very hard to get these nine Rights Report, which discusses 293 cases adopted a third plan which contained three hearings and to examine the witnesses brought since June 1982. Staff also reviewed majority black districts, the Fifth, the Elev- and to create a record. Senator KEN- the database for the University of Michigan enth, and the Second. The plan was Law School Voting Rights Report. The data- precleared on April 2, 1992. Following the de- NEDY, who is on the floor, has been a base was constructed by searching the ‘‘fed- cision in Shaw v. Reno, a lawsuit was filed stalwart leader in this field for a very eral court’’ databases of Westlaw or Lexis for by white plaintiffs claiming that the Elev- long time. He was here when the Vot- any case that was decided since June 29, 1982 enth Congressional District was unconstitu- ing Rights Act of 1965 was passed. Not and mentions section 2, 42 U.S.C. § 1973. Of all tional. One of the plaintiffs was George too many current Members of the Sen- the identified section 2 lawsuits, 209 pro- DeLoach, a white man who had been defeated ate were present. Senator BYRD, Sen- duced at least one published liability deci- by McKinney in the 1992 Democratic pri- ator INOUYE—this is not in my prepared sion under section 2. Staff reviewed the mary. Although the Eleventh District was text. I may be omitting someone. Sen- ‘‘state reports’’ introduced into the record not as irregular in shape as the district in and available at RenewTheVRA.org. Finally, Shaw v. Reno, the district court found it to ator STEVENS came shortly there- staff reviewed the consent decrees intro- be unconstitutional, holding that the ‘‘con- after—1968. duced into the November 8, 2005 House Judi- tours of the Eleventh District . . . are so dra- Senator KENNEDY doesn’t need a ciary Committee hearing on the minority matically irregular as to permit no other microphone when he speaks about civil language provisions of the Voting Rights conclusion than that they were manipulated rights in this Chamber. He can be Act. along racial lines.’’ The Supreme Court af- firmed. It did not find the Eleventh District heard on the House floor—quite a dis- I. COVERED JURISDICTIONS DISCRIMINATING was bizarrely shaped, but it held the state tance away, past the Rotunda. He has AGAINST VOTERS not only been a spokesman for this act, had ‘‘subordinated’’ its traditional redis- ALABAMA tricting principles to race without having a he has been a persistent advocate. Not (1) Hunter v. Underwood, 730 F.2d 614 (11th compelling reason for doing so. The court that it needed a whole lot of advocacy Cir. 1984), affirmed 471 U.S. 222 (1985) (ACLU criticized the plan for splitting counties and to persuade the latest chairman or my Rep., p. 51). municipalities and joining black neighbor- distinguished ranking member, Sen- The ACLU represented two voters who hoods by the use of narrow, sparsely popu- ator LEAHY, to move ahead. This has were disenfranchised under a nearly 80 year- lated ‘‘land bridges.’’ On remand the district been our priority item. We got the Ju- old law that prohibited those who had com- court allowed the plaintiffs to amend their diciary Committee together on a mitted a ‘‘crime of moral turpitude’’ from complaint to challenge the majority black voting. Id. at p. 52. The court struck down Second District, which the court then held Wednesday afternoon. It is pretty hard the law because there was evidence that was unconstitutional for the same reasons it to get the Judiciary Committee to- when it was adopted in the early 1900s, the had found the Eleventh District to be uncon- gether any time and to get a quorum, legislators intended to disenfranchise black stitutional, [and] the legislature adjourned but we were present, 16 of the 18 mem- voters. The Supreme Court unanimously af- without adopting a congressional plan.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.005 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7952 CONGRESSIONAL RECORD — SENATE July 20, 2006 (5) Common Cause v. Billups: 4:05–CV–201 Plaintiffs objected and filed a plan in which had also been violated because plaintiffs did HLM (N.D. Ga.) (ACLU Rep., 185–91). all seven trustees would be elected from sin- not have standing to challenge the appoint- The Department of Justice precleared the gle-member districts. The court, applying ment procedures. photo ID bill on August 26, 2005. The ACLU Gingles and the totality-of-circumstances NEW MEXICO filed suit in federal district court, charging tests, held that defendants’ plans violated (4) United States v. Socorro County, Civ. Ac- the law violated the state and federal con- section 2 and the Fourteenth and Fifteenth tion No. 93–1244–JP (November 8, 2005 House stitutions, the 1965 Voting Rights Act, and Amendment. The court ordered that a seven- Judiciary Committee Hearing Record) the 1964 Civil Rights Act. The district court member district plan for electing trustees be The United States sued pursuant to sec- issued a preliminary injunction holding immediately implemented according to dis- tions 2, 12(d), and 203 of the VRA, alleging plaintiffs had a substantial likelihood of suc- trict boundaries drawn by the court. violations of the VRA and the 14th and 15th ceeding on several grounds, including claims VIRGINIA Amendments arising from Socorro County’s that the photo ID law was a poll tax and vio- (11) Moon v. Meadows, 952 F. Supp. 1141 election practices and procedures as they af- lated the equal protection clause of the Con- (E.D. Va. 1997) (ACLU Rep., p. 691). fected Native American citizens of the coun- stitution. The state appealed to the Eleventh In 1995, several white voters challenged the ty, including those Native American citizens Circuit, which refused to stay the injunction. Third Congressional District in federal court who rely on whole or in part on the Navajo In an attempt to address the poll tax burden as an unconstitutional racial gerrymander. language. In its 1993 consent agreement, the cited by the district court in its injunction, In 1997, the district court invalidated the defendants did ‘‘not contest that in past the Georgia legislature passed a new photo Third Congressional District, finding that elections [the county] failed to make the ID bill providing for free photo identification race had predominated in drawing the dis- election process in Socorro County equally cards. available to Native American and non-Na- (6) Clark v. Putnam County: 168 F.3d 458 trict and that the defendants could not ade- tive American citizens as required by Sec- (11th Cir. 1999) (ACLU Report at 384–89). quately justify their use of race as a dis- In 1997, four white plaintiffs filed a lawsuit tricting factor. tion 2 [of the VRA] and the Fourteenth and challenging the constitutionality of the ma- (12) Pegram v. City of Newport News, 4:94cv79 Fifteenth Amendments, nor [did] defendants jority black county commission districts as (E.D.Va. 1994) (ACLU Rep., p. 714). contest that in past elections the county has racial gerrymanders in violation of the In July 1994, the ACLU filed suit on behalf failed to comply fully with the minority lan- Shaw/Miller line of cases. In January 2001, of African American voters challenging the guage requirements of Section 203 [of the the district court dismissed the complaint. at-large method of city elections in the City VRA].’’ (5) United States v. Bernalillo County, Civ. The Eleventh Circuit reversed, holding that of Newport News. On October 26, 1994, a con- Action No. 98–156 BB/LCS (November 8, 2005 the district court erred in failing to find un- sent decree was entered in which the City ad- House Judiciary Committee Hearing Record) constitutional intentional discrimination. mitted that its at-large system violated sec- tion 2 as well as the Fourteenth and Fif- The United States sued pursuant to sec- LOUISIANA teenth Amendments. The consent decree re- tions 2, 12(d), and 203 of the VRA, alleging (7) Hays v. Louisiana, 515 U.S. 737 (1995) quired the City to implement a racially fair violations of the VRA and the 14th and 15th (ACLU Rep., p. 481). election plan. Amendments arising from Bernalillo Coun- White plaintiffs successfully challenged II. NON-COVERED JURISDICTIONS ty’s election practices and procedures as Louisiana’s Fourth Congressional District as DISCRIMINATING AGAINST VOTERS they affected Native American citizens of unconstitutional ‘‘race-conscious’’ redis- the county, including those Native American tricting. Id. at p. 481. The Supreme Court CALIFORNIA citizens who rely on whole or in part on the granted cert., but then dismissed the case for (1) Garza v. County of Los Angeles, 918 F.2d Navajo language. In its 1998 consent decree, lack of standing. 763 (9th Cir. 1990) (U Mich. Law School’s Re- the defendants did ‘‘not contest that in past NORTH CAROLINA port. http://www.votingreport.org). elections the county has failed in particular (8) Shaw v. Hunt, 517 U.S. 899 (1996) (ACLU Latino voters alleged that district lines for areas to make the election process as acces- Rep., p. 513). the Los Angeles County Board of Supervisors sible to Native American citizens as it was The 12th District of North Carolina was were gerrymandered to dilute their voting to non-Native American citizens as is re- 57% black and was persistently challenged strength. Plaintiffs requested creation of a quired by Section 203, Section 2, and the by white voters and its boundaries were con- district with a Latino majority for the 1990 Fourteenth and Fifteenth Amendments.’’ sidered by the Supreme Court four separate Board of Supervisors election. The Ninth Cir- NEW YORK times. The ACLU participated as an amicus cuit affirmed that the County had adopted and applied a redistricting plan that resulted (6) Goosby v. Town Bd. of Town of Hemp- in defending the constitutionality of the 12th stead, 180 F. 3d 476 (2d Cir. 1999) (U Mich. District. In 1996, the Supreme Court struck in dilution of Latino voting power in viola- tion of section 2, and by establishing and L.Rep., http://www.votingreport.org). down the plan for the 12th District on the Representatives of the Town Board of maintaining the plan, the County had inten- grounds that race was the ‘‘predominant’’ Hempstead were chosen through at-large tionally discriminated against Latinos in factor in drawing the plan and the State had elections. African American voters alleged violation of the Fourteenth Amendment’s subordinated its traditional redistricting that they were unable to elect their pre- Equal Protection Clause. principles to race. Id. ferred candidates. The district court held SOUTH CAROLINA FLORIDA that the at-large elections violated section 2 (9) Smith v. Beasley, 946 F. Supp. 1174 (2) McMillan v. Escambia County, 748 F.2d and ordered the Town to submit a six single- (D.S.C. 1996) (ACLU Rep., p. 572). 1037 (11th Cir. 1984) (U Mich. L.Rep., http:// member district remedial plan. The Board White voters filed suit in 1995 challenging www.votingreport.org). submitted two plans. The one the Board pre- three state senate districts. A year later, an- Black plaintiffs claimed that the at-large ferred was a two-district system, consisting other group of white voters filed suit chal- election of county commissioners in of one single-member district and one multi- lenging nine house districts. In both cases, Escambia County diluted their voting power member district. The other plan consisted of the plaintiffs claimed that the districts were in violation of section 2 and the Fourteenth six single-member districts. The district drawn with race as the predominant factor and Fifteenth Amendments. The district court held that the two-district plan violated in violation of the Shaw/Miller line of deci- court found that the State had not imple- the Fourteenth Amendment, but the six-dis- sions. The cases were consolidated for trial, mented the plan with a racially discrimina- trict plan did not. The Board appealed. The and black voters, represented by the ACLU, tory purpose, but it had maintained it with Second Circuit affirmed the district court’s intervened to defend the constitutionality of such a purpose. holding that the Board’s proposed two-dis- the challenged districts. Following a trial, a HAWAII trict plan violated section 2 and the Four- teenth Amendment because blacks had no court issued an order in September 1996, find- (3) Arakaki v. Hawaii, 314 F.3d 1091 (9th Cir. access to the Republican Party candidate ing three of the challenged senate districts 2002) (U Mich. L.Rep., http:// slating process. and nine of the house districts unconstitu- www.votingreport.org). tional because they ‘‘were drawn with race A group of Hawaiian citizens of various PENNSYLVANIA as the predominant factor.’’ Id. ethnic backgrounds sued the State of Hawaii (7) Marks v. Stinson, 1994 WL 146113 (E.D. TEXAS alleging that the requirement that those ap- Pa. Apr. 26, 1994) (U Mich. L.Rep., http:// (10) League of United Latin American Citizens pointed to the Office of Hawaiian Affairs www.votingreport.org). v. Midland Indep. Sch. Dist., 648 F. Supp. 596 must be of Native Hawaiian ancestry vio- Republican candidate for State Senate, (W.D. Tex. 1986) (U Mich. L.Rep., http:// lated the Fourteenth Amendment, the Fif- Bruce Marks, the Republican State Com- www.votingreport.org). teenth Amendment, and section 2 of the Vot- mittee and other plaintiffs challenged the Latino plaintiffs argued that the at-large ing Rights Act. The Eleventh Circuit found election of Democrat William Stinson for the election system diluted their votes. The par- that the restriction on candidates running Second Senatorial District. Although Marks ties agreed to a court order that eliminated for Office of Hawaiian Affairs on the basis of received approximately 500 more votes from the election scheme and defendants sub- race violated the Fifteenth Amendment as the Election Day voting machines than mitted a proposal in which four trustees well section 2 of the Voting Rights Act. The Stinson, Stinson received 1000 more votes would be elected from single-member dis- Ninth Circuit vacated the district court’s than Marks in absentee voting. Marks and tricts and three would be elected at large. judgment that the Fourteenth Amendment the other plaintiffs contended that Stinson

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.002 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7953 and his campaign workers encouraged voters ‘‘is an unconstitutionally malapportioned stitution’s one-person-one-vote principle. to undermine proper absentee voting proce- plan, and is in violation of sections 2 and 5 of The plaintiffs won summary judgment and a dures and requirements, such as falsely the Voting Rights Act.’’ Id. at 584. preliminary injunction to prevent elections claiming that they would be out of the coun- (3) Duffey v. Butts County Board of Commis- from taking place under the plan. The court ty or would be physically unable to go to the sioners: Civ. No. 92–233–3–MAC (M.D. Ga.) adopted a plan that maintained two major- polls on Election Day. Plaintiffs also con- (ACLU Report at 237–38). ity-black districts. tended that Stinson and the other Defend- Suit challenging districting plans for (8) Wright v. City of Albany: 306 F. Supp. 2d ants had focused their efforts to encourage Board of Education and Board of Commis- 1228 (M.D. Ga. 2003) (ACLU Rep. 289–93). illegal absentee voting on minorities. sioners that were determined to be Black residents of the city, represented by The court held: (1) defendants violated malapportioned after the 1990 census. Plain- the ACLU, sued in 2003 to enjoin use of an al- plaintiffs’ First Amendment rights of asso- tiffs sought, and obtained, a preliminary in- legedly constitutionally malapportioned dis- ciation because plaintiffs were denied the junction finding that the election districts tricting plan and requested that the court freedom to form groups for the advancement were ‘‘constitutionally malapportioned.’’ supervise the development and implementa- of political ideas and to campaign and vote Parties entered consent decree that retained tion of a remedial plan that complied with for their chosen candidates; (2) defendants’ five single member districts for both boards the principle of one person, one vote, and the actions denied plaintiffs’ right to Equal Pro- and established two majority black districts. VRA. According to the ACLU report, ‘‘In a tection by discriminating against the Repub- Plan was precleared by DOJ. series of subsequent orders, the court grant- lican candidate and by treating persons dif- (4) Calhoun County Branch of the NAACP v. ed the plaintiffs’ motion for summary judg- ferently because of their race; (3) defendants Calhoun County: Civ. No. 92–96–ALB/ ment, enjoined the pending elections, adopt- violated plaintiffs’ Substantive Due Process AMER(DF) (M.D. Ga.) (ACLU Report at 238– ed a remedial plan prepared by the state re- right to vote in state elections by abusing 40). apportionment office, and directed that a the democratic process; and (4) defendants 1979 suit to enjoin the use of at-large elec- special election for the mayor and city com- improperly applied a ‘‘standard, practice, or tions for failure to comply with Section 5. mission [be] held in February 2004.’’ procedure’’ in a discriminatory fashion in The county had changed to at-large voting in (9) Woody v. Evans County Board of Commis- violation of the VRA, targeting voters based 1967 following increased black registration. A sioners: Civ. No. 692–073 (S.D. Ga. 1992) (ACLU on race and denying minority voters the three-judge panel enjoined the at-large Report at 297–300). right to vote freely without illegal inter- scheme, finding it had never been submitted In 1992, the ACLU filed suit on behalf of ference. Finally, the court ordered the cer- for preclearance. A consent order then cre- black voters challenging an allegedly tification of Bruce Marks as the winner of ated five single-member districts, two of malapportioned districting plan for the the Second Senatorial District seat for the which were majority black, and two at-large county commission and board of education 1993 Special Election because Marks would seats. After the 1990 census, black voters under the Constitution and Section 2 of the have won the election but for the illegal ac- again sued, alleging the districts were VRA. According to the ACLU report, ‘‘on tions of the defendants. malapportioned. According to the ACLU re- June 29 the district court enjoined ‘holding port, ‘‘the district court entered an order en- TENNESSEE further elections under the existing joining the upcoming primary election for (8) Brown v. Chattanooga board of Comm’rs, malapportioned plan for both bodies.’’’ the board of education under the 722 F. Supp. 380 (E.D. Tenn. 1989) (U Mich. (10) Bryant v. Liberty County Board of Edu- malapportioned plan. The parties then L.Rep., http://www.votingreport.org). cation: Civ. No. 492–145 (S.D. Ga.) (ACLU Re- agreed upon a new plan that complied with Black citizens of Chattanooga sued the port at 340–42). the equal population standard and main- Board of Commissioners for its use of at- ‘‘Because Liberty County was left with a tained two of the districts as majority large elections. The court held: (1) applying malapportioned districting plan based on the black.’’ the Gingles test, the method of electing 1980 census, the ACLU filed suit in 1992, on (5) Frank Davenport v. Clay County Board of Board of Commissioners violated section 2 behalf of black voters seeking constitu- Commissioners, NO. 92–98–COL (JRE) (M.D. because the electoral practice resulted in an tionally apportioned election districts for Ga.): Civ. No. 92–98–COL (JRE) (M.D. Ga.) abridgment of black voter’s rights; and (2) the county. The court granted plaintiffs’ mo- (ACLU Report at 256–59). the Property Qualified Voting provision of The county had failed to preclear its tion for preliminary injunctive relief on July the Chattanooga charter violated the Four- change to an at-large system of voting for 7, 1992, and the following year the parties teenth Amendment under rational basis re- county commissioners in 1967. In 1980, mem- agreed to a redistricting plan in which two of view because permitting a nonresident who bers of the local NAACP challenged the at- the six single member districts contained owns a trivial amount of property to vote in large system and the failure to comply with majority black voting age populations. The municipal elections does not further any ra- Section 5. The court found a section 5 viola- plan was precleared by the Justice Depart- tional governmental interest. tion, which resulted in a return to single- ment on April 27, 1993.’’ III. CONSTITUTIONAL VIOLATIONS NOT member districts. After the 1990 census (11) Hall v. Macon County: Civ. No. 94–185 INVOLVING RACE showed the commission districts to be (M.D. Ga.) (ACLU Report at 348–49). (1) Vander Linden v. Hodges, 193 F.3d 268 malapportioned (and following an attempt to According to the ACLU Report, ‘‘The (4th Cir. 1999) (ACLU Rep., p. 562). create equal districts which was not [Georgia] general assembly failed to redis- Residents of Dorchester, Berkeley, and precleared before a 1992 legislative poison trict the two boards during its 1992, 1993, and Charleston Counties, in South Carolina, filed pill provision rendered it void), the ACLU 1994 sessions, and in 1994, the ACLU filed suit suit in 1991 alleging that the counties’ legis- sued seeking a remedial plan for the upcom- on behalf of Macon County residents against lative delegation structure violated the ing elections. The parties entered a consent county officials seeking a constitutional Fourteenth Amendment’s one-person, one- decree in which the county admitted the dis- plan for the 1994 elections. On July 12, 1994, vote requirement and was adopted with an tricts were malapportioned in violation of the court enjoined the upcoming election unconstitutional purpose to discriminate the Fourteenth Amendment’s one person one and ordered the parties to present remedial against African American voters. The dis- vote requirement and agreed to the redis- plans by July 15, 1994. In March 1995, the trict court rejected both claims. The Fourth tricting plan which had been created before court ordered a five district plan that rem- Circuit held that the structure violated the the 1992 poison pill invalidated it. The plan edied the one person, one vote violations and one-person, one-vote rule (making no find- was precleared by DOJ. ordered special elections be held.’’ ings of discriminatory intent) and did not (6) Jones v. Cook County: Civ. No. 7:94–cv–73 (12) Morman v. City of Baconton: Civ. No. address the second claim. (WLS) (ACLU Report at 271–72). 1:03–CV–161–4 (WLS) (M.D. Ga.) (ACLU Re- (2) NAACP v. Board of Trustees of Abbeville The ACLU filed suit on behalf of black vot- port at 364–65). County School District No. 60, Civ. No. 8–93– ers in 1994, alleging that the county board of Suit to block the use of a constitutionally 1047–03 (D.S.C. 1993) (ACLU Rep., p. 583). commissioners and board of education dis- malapportioned districting plan following The Board of Trustees of Abbeville County tricts were constitutionally malapportioned the 2000 census. According to the ACLU Re- School District 60 traditionally consisted of after the 1990 census. According to the port, ‘‘Black residents of Baconton, with the nine members, five of whom were elected ACLU’s report, ‘‘In a hearing on December assistance of the ACLU, then filed suit in from single member districts and two each 19, 1995, county officials agreed that ’the rel- federal court to enjoin use of the 1993 plan on from two multi-member districts. African evant voting districts in Cook County are the grounds that it would violate Section 5 Americans were 32% of the population of the malapportioned in violation of the equal pro- and the Fourteenth Amendment. The day be- school district, but all the districts were ma- tection clause of the fourteenth amendment fore the election the court held a hearing, jority white and only one member of the to the United States Constitution.’ A con- and, hours before the polls opened, granted board was African American. In 1993, black sent decree allowed sitting commission an injunction prohibiting the city from im- residents of the school district and the local members to retain their seats but imple- plementing the unprecleared and unconstitu- NAACP chapter filed suit challenging the mented a new plan, correcting the mal- tional plan.’’ method of electing the board of trustees as apportionment for the 1996 elections.’’ (13) Ellis-Cooksey v. Newton County Board of violating the Constitution’s one person, one (7) Thomas v. Crawford County: 5:02 CV 222 Commissioners: Civ. No. 1:92–CV–1283–MHS vote requirement and violating section 2 by (M.D. Ga.) (ACLU Report at 272–74). (N.D. Ga.) (ACLU Report at 370–73). diluting minority voting strength. The court 2002 suit alleged single-member districts According to the ACLU report, the 1990 decided that the existing plan for the board were malapportioned in violation of the con- census showed that the five single member

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.004 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7954 CONGRESSIONAL RECORD — SENATE July 20, 2006 districts for the county board of commis- under Section 5. According to the ACLU Re- The ACLU sued in August 2002, alleging sioners and board of education were con- port, ‘‘After plaintiffs moved for a prelimi- that the county commission lines were stitutionally malapportioned. ‘‘After the leg- nary injunction to block the 1984 board of malapportioned in violation of the Constitu- islature failed to enact a remedial plan, the commissioners election, a consent order was tion and Section 2 of the VRA. According to ACLU filed suit on behalf of black voters in issued acknowledging that the districts were the ACLU Report, ‘‘After plaintiffs filed suit, Newton County in June 1992, seeking con- malapportioned, and instructing both parties the county stipulated that its commission stitutionally apportioned districts for the to submit reapportionment plans to the districts were malapportioned, and that ‘It is commission and school board. The suit also court. . . . On February 27, 1985, after trial possible . . . to draw a five single member sought to enjoin upcoming primary elec- on the merits, the court ruled the challenged district plan with at least one majority tions, scheduled for July 21, 1992, as well as plan unconstitutional and directed the de- black district in Telfair County.’ The plain- the November 3 general election. The parties fendants to adopt a new plan and seek tiffs then filed for summary judgment and settled the case the following month and the preclearance under Section 5 within 30 asked the court to hold the existing plan un- court issued an order that ‘[t]he 1984 district days.’’ constitutional and order a new plan into ef- (17) Cooper v. Sumter County Board of Com- plan does not constitutionally reflect the fect. . . . Ruling that the existing plan was missioners: Civ. No. 1:92–cv–00105–DF (M.D. current population.’’’ malapportioned and ‘violates the one person, Ga.) (ACLU Report at 422–23). (14) Lucas v. Pulaski County Board of Edu- one vote standard of the equal protection After the release of the 1990 census, the cation: Civ. No. 92–364–3 (MAC) (M.D. Ga.) clause of the Fourteenth Amendment,’ the (ACLU Report at 380–84). ACLU brought suit on behalf of black plain- tiffs, alleging that the county’s commission court noted that the plan had been sub- Black residents of the county, represented mitted for Section 5 preclearance and ruled by the ACLU, filed suit in 1992 to enjoin up- districts were malapportioned in violation of the constitutional principle of one person, the motion for summary judgment was coming elections under an allegedly con- one vote. On July 27, 1992, the district court ’largely moot.’’’ stitutionally malapportioned plan. Accord- entered a consent order finding ‘‘mal- ing to the ACLU report, ‘‘On October 14, 1992, (21) Holloway v. Terrell County Board of apportionment in excess of the legally ac- the district court entered a consent order in- Commissioners: CA–92–89–ALB/AMER(DF) ceptable standard.’’ volving the board of Education, affirming (M.D. Ga.) (ACLU Report at 441–44). (18) Williams v. Tattnal County Board of that ‘Defendants do not contest plaintiffs’ Commissioners: Civ. No. CV692–084 (S.D. Ga.) In June 1992, the ACLU filed suit on behalf allegations that the districts as presently (ACLU Report at 426–27). of black voters challenging the mal- constituted are malapportioned and in viola- After the 1990 census, the ACLU, on behalf apportionment of the county board of com- tion of the Fourteenth Amendment of the of black residents, sued to enjoin further missioners under the Constitution and Sec- Constitution.’’’ use of an allegedly constitutionally tion 2 of the VRA. According to the ACLU (15) Cook v. Randolph County: Civ. No. 93– malapportioned districting plan. According Report, ‘‘After the reapportionment suit was 113–COL (M.D. Ga.) (ACLU Report at 389–93). to the ACLU Report, ‘‘On July 7, 1992, the brought in 1992, defendants admitted the According to the ACLU Report, ‘‘On Octo- district court, finding that the existing plan plan was malapportioned. . . . The parties ber 5, 1993, black voters, represented by the was malapportioned, enjoined the July 1992, negotiated a new redistricting plan, cor- ACLU, filed suit. They asked the court to en- primary elections for the board of commis- rected the malapportionment, and created join elections for the school board and board sioners and board of education until such two effective majority black districts. De- of commissioners on the grounds that the time as an election could be held under a spite this agreement, the county proposed, districting plan for both bodies was either court ordered or a precleared plan.’’ and had the 1993 Georgia General Assembly malapportioned in violation of the Constitu- (19) Spaulding v. Telfair County: Civ. No. adopt, a redistricting plan which plaintiffs tion and Section 2, or had not been 386–061 (M.D. Ga.) (ACLU Report at 431–33). did not support. . . . In February 1994, the precleared pursuant to Section 5. Later that In September 1986, the ACLU filed suit on Department of Justice precleared the coun- month, on October 29, the parties signed a behalf of five black voters alleging that ty’s redistricting plan over the objections of consent order stipulating that the existing the county board of education was the black community. . . .’’ county districts were malapportioned, and malapportioned. According to the ACLU Re- (22) Flanders v. City of Soperton: Civ. No. agreeing on a redistricting plan containing port, ‘‘On October 31, 1986, less than a week 394–067 (S.D. Ga.) (ACLU Report at 447–49). five single member districts with a total de- before the November general election, the viation of 9.35%. Three of the five districts court entered a consent order staying the According to the ACLU Report, ‘‘in No- were majority black.’’ elections, ordering a new apportionment vember 1994, the ACLU again brought suit on (16) Houston v. Board of Commissioners of plan, and providing for a special election. behalf of black voters in Soperton, chal- Sumter County: Civ. No. 94–77–AMER (M.D. The court found that ‘Plaintiffs have estab- lenging the five member city council as Ga.) (ACLU Report at 420–22). lished a prima facie case that the current ap- malapportioned in violation of one person, The ACLU brought suit in 1984 on behalf of portionment of the Board of Education is in one vote. . . . A consent order was filed Au- black county residents charging that the five violation of the Fourteenth Amendment,’ gust 7, 1995, in which both parties agreed the member board of county commissioners was and required the defendants to develop and city election districts were malapportioned, malapportioned in violation of the Constitu- implement a new apportionment for the and adopted a districting plan with a total tion and Section 2 of the VRA. The suit also school board within 60 days.’’ deviation of 6.8% that contained two major- charged defendants with failing to secure (20) Crisp v. Telfair County: CV 302–040 (S.D. ity black districts of 75.34% and 72.92% black preclearance of a valid reapportionment plan Ga.) (ACLU Report at 439–41). voting age population, respectively.’’

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Citizen minority voting age population per- Minority percent- State centage Minority percentage in State Senate Minority percentage in State House Number minority officials age in U.S. House (2000 Census) (2005) (2005) (2001) delegation

Alabama ...... Black: 24.5 ...... 22.86 ...... 25.71 ...... 756 ...... n/a Alaska ...... Black: 3.0 ...... Black: 5.0 ...... Black: 2.5 ...... n/a ...... n/a Native: 25.0 ...... Native: 20.0 ...... California ...... Hispanic of any race: 21.4 ...... 22.5 ...... 22.5 ...... 757 (as of 2000) ...... n/a Florida ...... Black: 13.0 ...... Black: 7.5 ...... Black: 13.3 ...... Black: 243 ...... n/a Hispanic of any race: 12.6 ...... Latino: 15.0 ...... Latino: 9.2 ...... Latino: 89 ...... Georgia ...... Black: 27.2 ...... 19.6 ...... 21.7 ...... 611 ...... 30.7 Louisiana ...... Black: 30.0 ...... 23.1 ...... 21.9 ...... 705 ...... 14.3 Mississippi ...... Black: 34.1 ...... 21.2 ...... 29.5 ...... 897 ...... 25 North Carolina ...... Black: 20.5 ...... 14.0 ...... 15.8 ...... 491 ...... 7.7 South Carolina ...... Black: 27.8 ...... 17.4 ...... 20.1 ...... 534 ...... 16.7 Texas ...... Black: 11.6 ...... Black: 6.5 ...... Black: 9.3 ...... Black: 9.4 Hispanic of any race: 26.5 ...... Latino: 19.4 ...... Latino: 18.0 ...... Latino: 2,000 (as of 2003) ...... Latino: 15.6 Virginia ...... Black: 18.4 ...... 12.5 ...... 11.0 ...... 246 ...... 9.1 Source for Citizen Minority Voting Age Population: U.S. Census Bureau Report on 2004 Election. Source for all other information: The Bullock-Gaddie Voting Rights Studies: An Analysis of Section 5 of the Voting Rights Act.

MINORITY REGISTRATION AND TURNOUT

2004 Registration 2004 Turnout State Minority White Minority White percentage percentage percentage percentage

Alabama ...... Black: 72.9 ...... 73.8 ...... Black: 63.9 ...... 62.2 Alaska ...... n/a ...... n/a ...... Native: 44.8 ...... Non-Native: 68.4 California ...... Black: 67.9 ...... 56.4 ...... Black: 61.3 ...... 51.3 Latino: 30.2 ...... Latino: 25.6 ...... Florida ...... Black: 52.6 ...... 64.7 ...... Black: 44.5 ...... 58.4 Latino: 38.2 ...... Latino: 34.0 ...... Georgia ...... Black: 64.2 ...... 63.5 ...... Black: 54.4 ...... 53.6 Louisiana ...... Black: 71.1 ...... 75.1 ...... Black: 62.1 ...... 64.0 Mississippi ...... Black: 76.1 ...... 72.3 ...... Black: 66.8 ...... 58.9 North Carolina ...... Black: 70.4 ...... 69.4 ...... Black: 63.1 ...... 58.1 South Carolina ...... Black: 71.1 ...... 74.4 ...... Black: 59.5 ...... 63.4 Texas ...... Black: 68.4 ...... 61.5 ...... Black: 55.8 ...... 50.6 Latino: 41.5 ...... Latino: 29.3 ...... Virginia ...... Black: 57.4 ...... 68.2 ...... Black: 49.6 ...... 63.0 Nationwide ...... Black: 64.3 ...... 67.9 ...... Black: 56.1 ...... 60.3 Latino: 34.3 ...... Latino: 28.0 ...... Source for Citizen Minority Voting Age Population: U.S. Census Bureau Report on 2004 Election. Source for all other information: The Bullock-Gaddie Voting Rights Studies: An Analysis of Section 5 of the Voting Rights Act.

Mr. SPECTER. Mr. President, it is The Voting Rights Act is the corner- Judiciary Committee yesterday in spe- with special thanks that I acknowledge stone of our civil rights laws. We honor cial session to consider what really is Senator LEAHY’s leadership and co- those who fought through the years for bipartisan, bicameral legislation to re- operation, that I now yield to him. equality by extending the Voting authorize the Voting Rights Act. In The PRESIDENT pro tempore. The Rights Act to ensure their struggles fact, our Senate bill, S. 2703, is cospon- Senator from Vermont is recognized. are not forsaken and not forgotten, and sored by the distinguished Republican Mr. LEAHY. Mr. President pro tem- that the progress we have made not be leader and the distinguished Demo- pore, my dear friend, the senior Sen- sacrificed. We honor their legacy by re- cratic leader, by a bipartisan majority ator from Alaska, I see the majority affirming our commitment to protect of the Judiciary Committee and by a leader on the floor. Is he seeking rec- the right to vote for all Americans. bipartisan majority of the Senate. In ognition? The distinguished senior Senator fact, at the end of our committee meet- Mr. FRIST. I will be making some from Massachusetts, who is on the ing yesterday, we had a rollcall vote. comments, as I mentioned earlier, floor, was in the forefront of this battle We voted unanimously to report our after the distinguished ranking mem- the first time around. He and his fam- bill favorably to the Senate. ber. ily, his late brothers, the President and Mr. LEAHY. Mr. President, before I I mention that because so many of brother Senator Robert Kennedy— begin, I assume we will go back and the things that have to go through the President Kennedy, Senator Robert forth, from side to side of the aisle on Judiciary Committee tend to be of a di- this. But as Democrats are recognized, Kennedy, and now Senator EDWARD visive nature. This was a unanimous KENNEDY, have been in the forefront of I ask it be in this order: Senator KEN- vote. I have commended all those in the civil rights battle. This has been a NEDY for 20 minutes, Senator DURBIN the Judiciary Committee who worked for 15, Senator FEINSTEIN for up to 20 personal thing for them. It has been a so hard over the last several months to minutes, Senator SALAZAR for up to 15 commitment that has spoken to the build a fair and extensive record and minutes, as Democrats, are recognized. conscience of our Nation, and I applaud bring us to this point today. As I said I ask unanimous consent to that. my friend from Massachusetts for what earlier, I commend Senator KENNEDY The PRESIDENT pro tempore. Is he and has family have done. for his work. I agree with Senator Reauthorizing and restoring the Vot- there objection? Without objection, it SPECTER, when he gets passionate is so ordered. ing Rights Act is the right thing to do, about a subject he doesn’t need a Mr. LEAHY. Mr. President, I appre- not only for those who came before— microphone. ciate what the senior Senator from the brave and visionary people who I commend those who started with Pennsylvania said. Senator SPECTER fought for equality, some at great per- and I have been friends for many years. sonal sacrifice, some even giving their doubts—and there were serious doubts; I think we have accomplished a great lives—but also for those who come some regional, some for legal matters. deal in the Judiciary Committee. I after us, our children and our grand- But those who had doubts have now agree with him this is the most impor- children. All of our children, all of our come around to supporting our bipar- tant thing we will do. But I might also grandchildren, should know that their tisan bill. note, on a personal note about the Sen- right to vote will not be abridged, sup- Because the bill we take up today ator from Pennsylvania, much of what pressed or denied in the United States and the bill from the committee to re- was accomplished during that time he of America, no matter their color, no port are so similar, I know the Senate was fighting a very serious illness. I matter their race, no matter what part debate will be informed by the exten- compliment the Senator from Pennsyl- of the country from which they come. sive record we have built before the Ju- vania for his perseverance during that I do thank the chairman for fol- diciary Committee. Over the last 4 time. lowing the suggestion to convene the months, we held nine hearings on all

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.012 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7964 CONGRESSIONAL RECORD — SENATE July 20, 2006 aspects of this matter and on the over- As Senator SALAZAR has reminded us, Last week, after months of work, the all bill itself. In another indication of ‘‘Cesar Chavez is an American hero. He House of Representatives, led by Con- bipartisanship, those hearings were sacrificed his life to empower the most gressmen JOHN CONYERS, MEL WATT, chaired by large numbers of members vulnerable in America. He believed JOHN LEWIS, and Chairman SENSEN- of the committee and chaired by both strongly in the democracy of America BRENNER, rejected all efforts to reduce Republican and Democratic Senators and saw the right to vote as a corner- the sweep and effect of the Voting who wanted to send a signal that this stone of our freedom.’’ I offered the Rights Act. Congressman JOHN LEWIS— is not a partisan matter. amendment in the Judiciary Com- himself a courageous leader during All of those hearings were fairly con- mittee and it was adopted without dis- those transformational struggles only ducted. Those Senate hearings supple- sent. decades ago, a man who was nearly ment those held in the House on this I told Senator SALAZAR that I recall killed trying to retain the rights of Af- matter. Indeed, our first hearing was the dinner with Marcelle and myself, rican Americans, said during the House held for the express purpose of hearing our son Kevin and his wife Carolyn, debate: from the lead sponsors from the House and our granddaughter Francesca in When historians pick up their pens and and to receive the results of their hear- the small Italian restaurant, write about this period, let it be said that ings into our Senate RECORD. In fact, in Sarduccis, in Montpelier, Vermont. A those of us in the Congress in 2006, we did the anticipation of this bill coming to the family next to us came over to intro- right thing. And our forefathers and our foremothers would be very proud of us. Let floor, I have included statements in the duce themselves. It was Cesar Chavez’s us pass a clean bill without any amend- RECORD in the course of this week to son. He apologized for interrupting our ments. help make sure we have a complete dinner. He wanted to say hello. I told That is my friend JOHN LEWIS from record before the Senate before we him how proud I was to be interrupted the House of Representatives. I want vote. For example, on Tuesday, my and to meet him because his father had our foremothers and forefathers to be statement focused on the continuing been a hero of mine. They were in proud of us, but I want our children need for Section 5. On Wednesday, my Vermont because they were going to and our grandchildren to be proud of statement focused on the continuing the Barre Quarry where the memorial us, too. need for Section 203. They reflect my to his father was carved. The bill we are considering in the views as the lead Democratic Senate I have also consulted with Senator Senate today passed the other body sponsor. SALAZAR. Neither of us wants to com- with 390 votes in favor. In fact, the We have fewer than two dozen legis- plicate final passage of the Voting other body rejected all four amend- lative days left in this session of Con- Rights Act so I urge the Senate to pro- ments offered. They wanted to have a gress, so I appreciate the willingness of ceed to the House-passed bill and resist clean bill. They listened to JOHN the Republican and Democratic leader- amendments so it can be signed into LEWIS. They listened to the others. I ship to take up this important measure law without having to be reconsidered congratulate the House cosponsors, without delay. I know the House of by the House. With respect to the short both Republicans and Democrats, for Representatives had to delay consider- title of the bill and the roster of civil their successful efforts. I hope we can ation of the Voting Act for a month rights leaders honored, I have com- repeat them in the Senate. due to the recalcitrance of some, recal- mitted to work with Senator SALAZAR On May 2, when our congressional citrance that was overwhelmed in their to conform the law to include due rec- leadership joined together on the steps vote. Here, I hope we do not suffer the ognition of the contribution to our of the Capitol to announce a bipartisan same delay. This is a time for us to de- civil rights and voting rights by Cesar and bicameral introduction of the Vot- bate, consider, and vote on this impor- Chavez in follow up legislation. ing Rights Act, it was a historic an- tant legislation. We should pass the The Voting Rights Act reauthoriza- nouncement. I noted in my journal it bill in the same form as the House so it tion is named for three very important was one of the proudest moments I had can be signed into law before the Sen- civil rights leaders, as the Senator in my years in the Senate, an occasion ate recesses for the remainder of the from Pennsylvania pointed out. almost unprecedented during the re- Fannie Lou Hamer was a courageous summer. cent years of partisanship. There has been speculation about advocate for the right to vote. She Let’s not relent in our fight for the why we are here today. Some tied it to risked her life to secure the right to fundamental civil rights of all Ameri- the fact that for the first time in his vote for all Americans. Coretta Scott cans. Working together, we should pass Presidency, President Bush is going to King was a tenacious fighter for equal- a clean bipartisan voting rights bill. appear before the National Association ity for the civil rights movement in the Congress has reauthorized and revital- for the Advancement of Colored Peo- 1960s, and right up to the time of her ized the act four times, each time with ple, the NAACP. I, for one, applaud him passing. Many of us in this Chamber overwhelming bipartisan support, pur- for going before the NAACP. All Presi- met the late Mrs. King. Everyone in suant to our constitutional powers. dents should, Republican or Democrat. the Senate can remember when less This is not a time for backsliding. This And in fact, if that had anything to do than a year ago the body of Rosa Parks is a time to move forward together. with the success in getting this bill lay in state in the Capitol. She was the So let us unite to renew this corner- moved expeditiously through the Sen- first African American woman in our stone, let us rededicate ourselves to its ate, I have a number of other organiza- history to be so honored. She was hon- noble purpose, and let us commemorate tions I hope will invite him to get ored because of her dignified refusal to the many who suffered and endured to other legislation moving. be treated as a second-class citizen bring our cherished ideals closer to re- The House-passed bill and the com- sparked the Montgomery bus boycotts ality for millions of our fellow Ameri- mittee-reported bill is very similar. We that are often cited as the symbolic be- cans. Let us guarantee those rights for introduced them in a bipartisan, bi- ginning of the modern civil rights millions of our fellow Americans to cameral, coordinated effort in May. movement. come. The only change made to the House- Everyone in this Chamber would be I yield the floor. passed bill was the inclusion of a gov- horrified to think that somebody would The PRESIDING OFFICER (Mr. ernmental study added in the House be treated differently because of the BURNS). The Senator from Tennessee. Judiciary Committee. I urge the Sen- color of their skin, but in the lifetime Mr. FRIST. Mr. President, it was ate to accept that addition. of every Senator sitting in this Cham- about 3 weeks ago that I joined Presi- The only change made during the ber today, we have seen such discrimi- dent Bush on a trip to Memphis, TN, Senate Judiciary Committee was to nation. Let’s make sure we take this where we were joined by a close per- add an Hispanic civil rights leader to step. It will not remove all discrimina- sonal friend of mine, a man who is leg- the roster of the civil rights leaders for tion, by any means, but it is a major endary in Tennessee and, indeed, whom the bill is named. We did this at step to let everyone in the country throughout the country, the Rev. Dr. the suggestion of Senator SALAZAR. It know that all of us are equal as Ameri- Ben Hooks. is a good suggestion. We did this unani- cans with equal rights, despite the Dr. Hooks is a widely recognized, mously. I commend the Senator for it. color of our skin. widely acknowledged champion of civil

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.006 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7965 rights. He presided with great courage fined. We are working for the day when body is given that right in equal re- and bold vision over the NAACP for 15 our equality, our oneness, is reflected gard. years as its executive director. He is in not only in our laws but in the hearts The importance of the Voting Rights town this week for the NAACP meeting and minds of every American. Act cannot be underestimated. It has which is going on as I speak. I hope and pray the day will come transformed the face of our Republic He guided President Bush and myself, when racism and discrimination are and vindicated the noble values of our my wife Karyn, and the First Lady only a part of our past and not our Nation. America has come a long way through the remarkable and inspiring present. in the last four decades, and it is my National Civil Rights Museum which The Voting Rights Act of 1965 en- hope that the reauthorization of the has been constructed at the Lorraine shrined fair voting practices for all Voting Rights Act will help us to con- Motel in Memphis, which was the ac- Americans. The act reaffirmed the 15th tinue to extend the promise of demo- tual site of Martin Luther King, Jr.’s amendment to the Constitution, which cratic participation to every American. assassination. It was an inspiring visit, says that: I have had the chance, twice now, to those moments as we walked through . . . the right of citizens of the United do the civil rights pilgrimage that the the exhibits, room to room, in that States to vote shall not be denied or Faith in Politics group has sponsored wonderful museum. abridged by the United States or by any to Selma, AL, to Montgomery, to sev- In many ways, it shook my own con- state on account of race, color, or previous eral different places, and to hear from science. To hear Dr. Hooks speak, to condition of servitude. the firsthand experiences of individuals hear him recount the events sur- The Voting Rights Act ensured that who were involved in the civil rights rounding that time, was to have his- no American citizen and no election movement and in the freedom trails of tory come alive. It was an ugly mo- law of any State could deny access to the bus rides and in the protests, about ment in our collective history, and cer- the ballot box because of race, eth- the importance that the VRA was to tainly not America’s finest hour. nicity, or language minority status. It them, was to getting involved, and is As we wandered through those rooms, took much courage and sacrifice to central in getting everybody partici- listening to those words of Dr. Hooks, make that original Voting Rights Act pating in the democracy and a true op- what struck my conscience most was into law, the courage and sacrifice of portunity to register to vote and to ac- how we as a Nation pushed through leaders such as Rosa Parks, Martin Lu- tually vote. It was and is critical. It is that time, how we as a Nation per- ther King, Jr., Congressman JOHN critical that we extend it. severed to correct injustice just as we LEWIS, to name a few. I also want to recognize and thank have at other points in American his- They paved the way to end discrimi- the Senator from Massachusetts for tory. nation and open the voting booths for the central role his family has played It reminded me of our ability to millions of African Americans and in fighting for this particular language, change, that when our laws become de- other minorities who were previously this legislation. And it is important. structive to our unalienable rights— denied the right to vote. Out of a strong desire to achieve this life, liberty, the pursuit of happiness— In the 41 years—yes, it has been 41 goal of everybody participating equally it is the right of the people to alter or years—since then, we have made tre- in this democracy, a bipartisan major- abolish it. mendous progress. Thousands upon ity of Congress passed, and President It reminded me of the importance, thousands of minorities have registered Johnson signed, the Voting Rights Act the absolute necessity, of ensuring the to vote. Minorities have been elected of 1965. The aim of the act two genera- permanence of the changes we make, to hold office at the local level, at the tions ago was to fulfill the democratic the permanence of our corrections to State level, and the Federal level in in- promise of the Civil War amendments injustice. creasing numbers. to the Constitution—a promise left About 2 years ago, in the spring of In short, the Voting Rights Act has unmet for a century after that terrible 2004, Senator MCCONNELL and I came to worked. It has achieved its intended war had ended. the Senate and offered an amendment purpose. We need to build upon that The civil rights landscape has greatly to extend the expiring provisions of the progress by extending expiring provi- improved in the country since 1965, Voting Rights Act permanently. How- sions of the Voting Rights Act today. thanks in great part to the Voting ever, at the insistence of a number of We owe it to the memories of those Rights Act. The act has resulted in a my colleagues we withdrew our amend- who fought before us, to those people tremendous increase in the ability of ment, while making clear that we were who, right now, are reflected in those minority citizens to fully and fairly absolutely committed to renewing this words of Dr. Hooks that we heard as we participate in our political system, important piece of legislation. Indeed, traveled through that Civil Rights Mu- both as voters and as candidates. The that day has come. seum, and we owe it to our future—a number of minority legislators has A few months ago, I stood with future where equality is a reality, a re- grown substantially. Speaker HASTERT, Chairman SPECTER, ality in our hearts and in our minds, I am pleased to be a cosponsor of the and Chairman SENSENBRENNER on the not just the law—to reauthorize the pending Voting Rights Act reauthor- steps of the Capitol where we re- Voting Rights Act. ization bill which the Judiciary Com- affirmed at that time our commitment I hope my colleagues will join me in mittee reported out unanimously yes- to reauthorize the Voting Rights Act. voting for this critical legislation. I terday. This bill recognizes the Thus, I am pleased this Congress will look forward to the President signing achievements of many and particularly act to reauthorize the Voting Rights it into law. of three champions of the civil rights Act and, indeed, today, right now, the Mr. President, I yield the floor. era: Fannie Lou Hamer, Rosa Parks, United States is doing just that. The PRESIDING OFFICER. The Sen- and Coretta Scott King. I believe we We expedited it through committee ator from Kansas. have a responsibility to carry on the under the leadership of Chairman SPEC- Mr. BROWNBACK. Mr. President, I work of these great Americans by reau- TER so we could bring it to the Senate rise to speak on the Voting Rights Act, thorizing the expiring sections of the as quickly as possible. We will com- and I thank my colleague from Massa- Voting Rights Act. plete that action in a few hours today. chusetts who was here before me for al- The bill does provide a flat bar to un- Today the Senate is standing to- lowing me to now speak briefly on this constitutional racial discrimination. It gether to protect the right to vote for particular issue. speaks clearly, aggressively, elo- all Americans. We stand together, put- The right to vote is quite literally quently, and importantly on this topic. ting aside partisan differences, to en- the bedrock of the representative de- We cannot have racial discrimination sure discrimination at the voting booth mocracy we enjoy today. We must en- in this country, period. We are extend- remains a relic of the past. We are able American citizens to fully partici- ing this act. It is an important act. It working for a day when equality is pate in the political process if we are is one that has helped make the values more than a principle upon which our to truly be a government of the people, of democracy real on a tangible basis laws are founded, a day when equality by the people, and for the people. It is to individuals, and it is important that is a reality by which our society is de- central, and it is central that every- we extend it into the future.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.008 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7966 CONGRESSIONAL RECORD — SENATE July 20, 2006 Mr. President, I am delighted to be a bated for 10 months. Not just 1 day, as basis for it. We need judges who are cosponsor of this bill. I urge my col- we all have today on voting rights, but going to interpret this in good faith. leagues to pass it. I believe it will pass for 10 months, the Senate was in ses- That has not always been the case, and overwhelmingly. sion as we faced a filibuster on that I will reference that in terms of my I yield the floor. legislation. comments. The PRESIDING OFFICER. The Sen- Then, finally, Senator Everett Dirk- Then, we have to make sure we have ator from Massachusetts. sen responded to the very eloquent a process and system so that, even if Mr. KENNEDY. Mr. President, this is pleas of President Johnson at that we have the legislation, and even if we an historic day. In the quietness of the time and indicated that he was pre- have a Justice Department correctly moment, on the floor of the Senate, we pared to move the legislation forward interpret it, and even if we have judges are talking about a major piece of leg- and make some adjustments in the leg- correctly interpret it, we have to make islation that is basic to the fabric of islation. We were able to come to an sure there are not going to be other what America is all about. But the agreement, and the law went into ef- interferences with any individuals’ quietness does not belie the fact that fect. ability to vote. That is another subject this is a momentous piece of legisla- In 1965, we had hours and hours and for another time, but enormously im- tion that marks the continuation of hours and hours during the course of portant. this Nation as a true democracy. the markup of the Voting Rights Act, We need all of those factors, at least, I want, at the outset, to commend and hours and hours and hours on the to make sure that this basic and funda- my friends and leaders on the Judici- floor of the Senate to pass that legisla- mental right, which is so important, ary Committee, Senator SPECTER and tion, with amendment after amend- and which we are addressing today, is Senator LEAHY. I can remember talk- ment after amendment. We were ulti- actually going to be achieved and ac- ing with both of them early on about mately successful. And just off the complished for our fellow citizens. putting this on the Senate agenda, put- Senate Chamber, in the President’s Mr. President, we are, as I men- ting it on the Judiciary Committee Room—just a few yards from where I tioned, poised to take another historic agenda. There are not two Members of am standing today—President Johnson step in America’s journey toward be- this body who are more committed to signed that legislation. coming the land of its ideals. As we all this legislation than Chairman SPEC- Now, we continue the process. It has know, the battle for racial equality in TER and Senator LEAHY. not always been easy during the con- America is far from over. The land- We are here today because of their tinuation and the reauthorization of mark civil rights laws that we have leadership and their strong commit- the Act. Rarely have we been as fortu- passed in the past four decades have ment to the concept of making sure nate as we are today with the time provided a legal foundation, but the that America is going to be America by agreement and an understanding that full promise of these laws has yet to be insisting on the extension of this vot- we will consider this and finalize it this fulfilled. ing rights legislation. They have both evening, in a way that will avoid a con- Literacy tests may no longer block been tireless during the course of the tentious conference with the House of access to the ballot box, but we cannot series of hearings that we have held. Representatives that could have gone ignore the fact that discrimination is They have been meticulous in terms of on for weeks and even months, as we’ve sometimes as plain as ever, and that determining the witnesses that we seen in the past. This legislation will more subtle forms of discrimination would have and in building the legisla- go to the President’s desk, and he will are plotted in back rooms, to be im- tive record, which is so important and sign it. posed by manipulating redistricting of such great consequence in terms of There is no subject matter that boundaries to dilute minority voting maintaining the constitutionality of brings out emotions like the issue of strength, or by systematic strategies this legislation, which is, of course, so civil rights. That is, perhaps, under- on election day to discourage minority important. So I thank both of them for standable. But it is still very true. No voting. their leadership and their generous ref- issue that we debate—health care, edu- The persistence of overt and more erences earlier during their state- cation, increasing the minimum wage, subtle discrimination makes it manda- ments. age discrimination, environmental tory that we reauthorize the expiring Mr. President, the Constitution of questions—whatever those matters are, provisions of the Voting Rights Act. the United States is an extraordinary nothing brings out the emotions like This act is perhaps Congress’s greatest document, the greatest charter that civil rights legislation. contribution to the march toward has ever been written in terms of pre- But here we have a very important equality in our society. As Martin Lu- serving the rights and liberties of the piece of civil rights legislation that is ther King, Jr., said, voting is ‘‘civil people. Still, slavery was enshrined in going to be favorably considered, and I right number one.’’ It is the right in the Constitution. And this country has will speak about that in just a few mo- our democracy that preserves all oth- had a challenging time freeing itself ments. We have to understand, as im- ers. So long as the vote is available and from the legacy of slavery. We had a portant as this legislation is, it really freely exercised by our entire citizenry, difficult time in fighting the great is not worth the paper it is printed on this Nation will remain strong and our Civil War. And we have had a chal- unless it is going to be enforced. That other rights will be protected. lenging time freeing ourselves from is enormously important. As we pass For nearly a century, the 15th discrimination—all forms of discrimi- this legislation and we talk about its amendment guaranteed that ‘‘the right nation—but particularly racial dis- importance, and the importance of its of citizens of the United States to vote crimination. And we had a difficult various provisions, we have to make shall not be denied or abridged by the time, particularly in the early 1960s, in sure we have an administration and a United States or by any State on ac- passing legislation—legislation which Justice Department that is going to count of race, color, or previous condi- could be enormously valuable in free- enforce it. That has not always been tion of servitude,’’ but it took the Vot- ing a country from the stains of dis- the case. ing Rights Act of 1965 to breathe life crimination. But it takes much more Secondly, it is enormously important into that basic guarantee. And it took than just legislation to achieve that. that we have judges who interpret the the actions of many brave men and I was fortunate enough to be here at legislation the way we intended for it women, such as those who gathered at the time we passed the 1964 civil rights to be interpreted. the Edmund Pettis Bridge and faced bill that dealt with what we call public We have, in this situation, a bipar- the shameful violence of those who accommodations. It is difficult to be- tisan interpretation. We have a bi- would deny them the right to vote, be- lieve that people were denied access to cameral interpretation. There should fore the Nation finally acted. public accommodations—the ability to be no reason that any court in this I’m honored to have fought in the go to hotels, restaurants, and other country—particularly a Supreme Court Senate for the Voting Rights Act each places because of the color of their that is looking over its provisions— time it was before Congress—from its skin—in the United States of America. should not understand very clearly historic passage in 1965 to the votes to Mr. President, this legislation was de- what we intended, the constitutional extend the act in 1970, 1975, and 1982

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.009 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7967 and to strengthen it along the way. I provisions of the act, and have all come Consider the Dinwiddie County Board recall watching President Lyndon to one inescapable conclusion: con- of Supervisors in Virginia. It moved a Baines Johnson sign the 1965 act just tinuing discrimination requires that polling place from a club with a large off this chamber in the President’s we pass this bill and reauthorize the African-American membership to a Room. We knew that day that we had Voting Rights Act. The evidence dem- white church on the other side of town, changed the country forever. And in- onstrates that far too many Americans under the pretext that the church was deed we had. In 1965, there were only still face barriers because of their race, more centrally located. We saw this three African American and three their ethnic background or their lan- tactic when we renewed the act in 1970. Latino Members of Congress. Today, guage minority status. We didn’t expect to see it again in on there are 41 African-American Mem- Section 5 is the centerpiece of the ex- the eve of the 21st century, but we did. bers in the House of Representatives, piring provisions of the act. It requires Some have argued that there has one African-American Senator, 22 that covered jurisdictions preclear vot- been a drop in the number of objections Latino House Members, and two Latino ing changes with the Department of in recent years. As the record shows, Senators. These gains would not have Justice or the District Court in the that decline is explained by a number been possible without the Voting District of Columbia by proving that of reasons. First, of course, was the Su- Rights Act. the changes do not have a retrogressive preme Court’s restrictive interpreta- I recall extending the expiring provi- purpose or effect. The act would re- tion of the purpose standard, which we sions of the act in 1970. I remember ex- verse the second Bossier Parish deci- will correct today. In addition, the tending it again in 1975, and adding sion and restore the section 5 standard numbers do not account for proposed protections for citizens who needed to its original meaning by making it changes that are rejected by the dis- language assistance. We recognized clear that a discriminatory purpose trict court or proposed changes that that those voters warranted assistance will prevent section 5 preclearance. are withdrawn once the Department of because unequal education resulted in Even under the weaker standard that Justice asks for more information or high rates of illiteracy and low rates of has governed since the Bossier deci- litigation begins in the District Court. voter participation in those popu- sion, the Department of Justice has Equally as important are the discrimi- lations. had to object to egregious discrimina- natory changes the act has deterred And I recall well extending the act tory practices. covered jurisdictions from ever enact- again in 1982. That time, we extended The act as reauthorized also over- ing, and the dialog the act promotes the expiring provisions of the act for 25 turns the Supreme Court’s decision in between local election officials and mi- years and strengthened it by over- Georgia v. Ashcroft, restoring section nority community leaders to ensure turning the Supreme Court’s decision 5’s protection of voting districts where consideration of minority commu- in Mobile v. Bolden. That decision minority voters have an ability to nities’ concerns in the legislative proc- weakened the act by imposing an in- elect their preferred candidates. This ess. revision would preclude jurisdictions tent standard pursuant to section 2 of And, of course, there are matters from replacing districts in which mi- the act, but despite the opposition of that merit objection, but have been nority voters have the voting power to President Reagan and his Department precleared by the Bush Department of elect their preferred candidates with of Justice, we were able to restore the Justice because the Department’s po- districts in which minority voters act’s vitality by replacing that stand- litical leadership refused to follow the merely exercise influence. ard with a results test that provides recommendations of career experts. greater protection for victims of dis- The number of objections under sec- tion 5 has remained large since we last The Department twice precleared criminatory treatment. Georgia’s effort to impose a photo iden- Finally, in 1992, we revisited the act reauthorized the act in 1982. Astonish- tification requirement for voting. The to extend and broaden its coverage of ingly, Professor Anita Earls of the Uni- first time, the district court threw it individuals whose English language versity of North Carolina Law School out as an unconstitutional poll tax. ability is insufficient to allow them to testified that between 1982 and 2004, the That’s right, a poll tax in 2006. In 1965, participate fully in our democratic sys- Department of Justice lodged 682 sec- we fought the poll tax during the de- tem. tion 5 objections in covered jurisdic- bate of the original Voting Rights Act. In memory of Fannie Lou Hamer, tions compared with only 481 objec- After the Supreme Court ultimately Rosa Parks, Martin Luther King, Jr. tions prior to 1982. In Mississippi alone, held it unconstitutional, we thought and Coretta Scott King, and Cesar Cha- the Department of Justice objected to this shameful practice had ended. But vez, I feel privileged to have the oppor- 120 voting changes since 1982. This the court found that the Georgia law tunity to support extension of the act number is roughly double the number was just a 21st century version of this once again for another 25 years. of objections made before 1982. Some have questioned whether there Behind these statistics are stories of old evil. is still a need for the act’s expiring pro- the voters who were able to participate Georgia reenacted the law without visions. They even argue that discrimi- in the political process because the the poll tax, and the Court still found nation in voting is a thing of the past, Voting Rights Act protects their fun- that it unlawfully disadvantaged poor and that we are relying on decades-old damental right to do so. For example, and minority voters, who are less like- discrimination to stigmatize certain in 2001, the town of Kilmichael, MS, ly to have the required identification. areas of the country today. cancelled its elections just three weeks Recently, the Supreme Court held I have heard the evidence presented before election day. The Justice De- that the Texas Legislature had vio- over the past several months of hear- partment objected to the cancellation, lated the Voting Rights Act by shifting ings, and I can tell you that they are finding that the town failed to estab- 100,000 Latino voters out of a district just plain wrong. Yes, we have made lish that its actions were not moti- just as they were about to defeat an in- progress that was almost unimaginable vated by the discriminatory purpose of cumbent and finally elect a candidate in 1965. But the goal of the Voting preventing African-American voters of their choice. Once again, section 5 Rights Act was to have full and equal from electing candidates of their would have blocked this practice, but access for every American regardless of choice. The town had recently become the leadership of the Department of race. We have not achieved that goal. majority African-American and, for the Justice overruled career experts who In considering this bill, the Senate first time in its history, several Afri- recommended an objection. Judiciary Committee has held nine can-American candidates had a good The fact that the number of section 5 hearings and heard from some 46 wit- chance of winning elected office. Sec- objections is a small percentage of the nesses. In addition, we have received tion 5 prevented this discriminatory total number of submissions shouldn’t numerous written statements and have change from being implemented, and as be surprising. Jurisdictions take sec- voluminous reports from a variety of a result, three African-American can- tion 5 into consideration when adopt- groups that have examined the state of didates were elected to the board of al- ing voting changes and many day-to- voting rights in our Nation. We have dermen and an African-American was day changes are noncontroversial. explored every aspect of the expiring elected mayor for the first time. What should surprise and concern us is

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.007 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7968 CONGRESSIONAL RECORD — SENATE July 20, 2006 the fact that there continue to be ob- mous progress, it takes time to over- age and conviction I honor and pay jections and voting changes like the come the deep-seated patterns of be- tribute to. ones that I have described. havior that have denied minorities full Mayor Ivan Allen, Jr., was a White It has also been argued that the sec- access to the ballot. Indeed, the worst mayor of Atlanta in the 1960s whose ac- tion 5 coverage formula is both over thing we could do would be to allow tions would see to it that the actions and under-inclusive. The act addresses that progress to slip away because we passed in Congress were made a reality that problem by permitting jurisdic- ended the cure too soon. We know that smoothly in the city, which gained the tions where Federal oversight is no the act is having an impact. We know reputation of a city too busy to hate. longer warranted to ‘‘bail out’’ from that it is deterring discrimination. And We made a transition in a difficult coverage under section 5. We have let- we know that despite the act, racial time. We righted difficult wrongs. We ters from two of the jurisdictions that bloc voting and other forms of dis- made the letter of the law the spirit of have taken advantage of the bailout crimination continue to tilt the play- the law. process explaining that they did not ing field for minority voters and can- Andrew Young, the first African- find that process to be onerous. So far, didates. We need to ensure that juris- American mayor of Atlanta, in fol- every jurisdiction that has sought a dictions know that the act will be in lowing Sam Massell, who followed Ivan bailout has succeeded. For jurisdic- force for a sufficiently long period that Allen, ensured that those transitions tions that should be covered but aren’t, they cannot simply wait for its expira- continued in the 1980s, and that voting the act contains a mechanism by which tion, but must eliminate discrimina- rights and all rights were the primary a court may order a non-covered juris- tion root and branch. responsibility of our government and diction found to have violated the 14th The time has come to renew the Vot- its leadership. or 15th amendments to obtain section 5 ing Rights Act. This historic piece of Carl Sanders, the Governor of Geor- preclearance for its voting changes. As legislation renews our commitment to gia, probably lost his chance at a sec- a result, the act’s preclearance require- the fundamental values of America. It ond term because of his courageous ment applies only to jurisdiction where ensures that all of our citizens will stance on behalf of seeing to it that the there is a need for such oversight. have the right to play an effective role South continued to make progress. The act will also reauthorize the pro- in our governance. It continues us Joe Frank Harris, from rural Geor- visions of the act that mandate the down the path toward a democracy free gia, who was Governor in the 1980s, provision of election assistance in mi- of the blight of discrimination based on continued in tandem with Andrew nority languages. In the course of our race, ethnicity and language. As Dr. Young to see to it that our capital city consideration of this bill, we heard sub- Martin Luther King, Jr. said: ‘‘The and State remained committed to all stantial evidence demonstrating that time is always right to do what is of the provisions of equality in our so- these provisions are still necessary. right.’’ The right thing to do is to pass ciety. The original rationale for enactment of this bill and the time to do it is now. The attorneys general in this issue these provisions was twofold. First, I yield the floor. are so important. Republican Mike there are many Americans who speak The PRESIDING OFFICER. The Sen- Bowers, during many years of service languages other than English, many of ator from Georgia. to our State as attorney general, time whom are United States citizens by Mr. ISAKSON. Mr. President, I rise and again saw to it that what was in- birth—including Native Americans, as a Senator from Georgia to express tended by the Voting Rights Act was Alaska Natives, and Puerto Ricans. my support and join a unanimous Sen- the practice in our State. These Americans should not be denied ate in support for extension of the Vot- Our current attorney general today, the opportunity to be full participants ing Rights Act. I come to the well to an African American, Thurbert Baker, in our democracy because of the lan- speak from a different perspective than is a tribute to the progress our State guages they speak. They know they some. I was born in the South in 1944, has made and is an outspoken defender need to learn English to succeed in this educated in its public schools in the of the Voting Rights Act and our country. That’s why classes to learn 1950s and 1960s. I was in the fourth State’s intention to ensure that all of English are oversubscribed all over the grade when Brown v. Board of Edu- Georgia’s legal residents, regardless of country. cation was the ruling of the Supreme race or ethnicity, have the right to Additionally, Congress concluded Court. I was in high school when the vote. that many Americans—including Na- public schools of Atlanta were inte- A great Senator, Sam Nunn, served tive Americans, Alaska Natives, Asian grated. I went to the University of in this Senate, whose office I hold now Americans, and Hispanic Americans— Georgia when the first students inte- downstairs. Sam Nunn, during the suffer from inadequate educational op- grated that institution. I lived through years of the 1970s and 1980s and early portunities that deny them the oppor- all the changes that many refer to as 1990s, was a steadfast beacon of support tunity to master English at a sufficient history about which they have read. for ensuring that we continued the level to fully understand electoral I lived through it, being there and spirit and the letter of the Voting issues and cast meaningful ballots. The seeing the heroes and the challenges Rights Act. nationwide statistics illustrate the and the transition through which the The late Senator Paul Coverdell, a problem. Only 75 percent of Alaska Na- South has gone. Still, in speeches Republican from Georgia, in his term tives complete high school, compared today we hear very often about the in the Georgia legislature in the House to 90 percent of non-Natives, and only South in historic times, where wrong and Senate, over 20 years of service, 52 percent of all Hispanic Americans practices have been righted, but some- fought tirelessly to ensure that our have a high school diploma, compared how we don’t hear about the heroes State delivered on the guarantee of the to over 80 percent of all Americans. We who made the Voting Rights Act go right to vote for all Georgians. heard testimony that while many of from a piece of paper and a law to prac- As we reflect on the true wrongs that these people may speak conversational tical reality in the South. existed in the 1950s and 1960s, and English, they have been denied the edu- I am proud of so many citizens in where those wrongs may have taken cational instruction—often as a result Georgia, Black and White, urban and place, we owe it to history and to the of intentional discrimination—that rural, Republican and Democrat, who credit of these great individuals to pay would allow them to understand com- over the past 41 years have made not tribute to those who took the law and plex electoral issues and technical vot- only the letter of that law but the spir- made it a reality. I am proud of my ing terminology in English alone. it of that law the spirit of our State— State. I am proud of the transition it Finally, it is crucial that we extend not the least of whom is Congressman has made. I pay tribute to its leaders. the guarantees of all of the temporary JOHN LEWIS, a man of unquestioned My vote today in favor of the exten- provisions of the act for 25 years. character and, for anyone who lived sion of the Voting Rights Act is in Twenty-five years is not a long time during the 1960s and 1950s, unques- equal parts a commitment to that end when compared to the centuries of op- tioned courage. He and I are of dif- and a tribute to those Georgians who pression that the law is intended to ferent races and different political per- made the Voting Rights Act a reality overcome. While we have made enor- suasions, but he is a man whose cour- in my State.

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.009 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7969 I yield the floor and suggest the ab- legislation, and the Senate passed the The most significant impact of sec- sence of a quorum. Voting Rights Act of 1965 the following tion 5, I believe, is not from its enforce- The PRESIDING OFFICER. The year. I thank my predecessor and I pay ment mechanism but from its deter- clerk will call the roll. him tribute. rent effect. Just as the presence of po- The bill clerk proceeded to call the In the last 50 years, California has lice deters more crime than is stopped roll. often been ahead of the curve in guar- by actual police intervention, it is Mrs. FEINSTEIN. Mr. President, I anteeing voting rights. In 1961, Cali- likely that the threat of Government ask unanimous consent that the order fornia prohibited election day chal- action prevents far more attempts to for the quorum call be rescinded. lenges based on literacy. disenfranchise voters than the Depart- The PRESIDING OFFICER. Without In 1971, California required that a ment of Justice’s review actually does. objection, it is so ordered. copy of the election ballot in Spanish Let me speak about section 203. Its Mrs. FEINSTEIN. Mr. President, the be posted in each polling place, where requirement of language assistance in right of a citizen to vote is the most the language minority population was jurisdictions with a large number of basic right in any democracy. At the greater than 3 percent. citizens for whom English is a second signing of the Voting Rights Act in 1965 In 1973, California passed a law allow- language has enabled citizens to vote in this very Capitol Rotunda, the ing the use of languages besides who otherwise, frankly, could not have. President of the United States, Lyndon English in polling places and required For example, a study found that in Johnson, said these words: county clerks to recruit bilingual dep- the 1990 general election, bilingual as- The vote is the most powerful instrument uty registrars and precinct board mem- sistance was used by 18 percent of ever devised by man for breaking down injus- bers. Latino voters in the State of Cali- tice and destroying the terrible walls which In 1975, California allowed voters to fornia. imprison men because they are different register to vote by mail. Los Angeles is the largest and most from other men. In 2001, California passed the Cali- diverse local election jurisdiction in The Civil Rights Act of 1964 was a fornia Voting Rights Act—the first our country. It provides assistance critical breakthrough in the struggle State voting rights act in the Nation— under the Voting Rights Act to voters for civil rights. However, the Voting to combat racial bloc voting. in six languages other than English. Rights Act, which came the next year, Unfortunately, however, the end of According to a November 2000 exit 1965, is considered the most important the 20th century did not mark the end survey of language minority voters in and successful civil rights law of the of efforts to disenfranchise minority Los Angeles and Orange County in 20th century, because it finally ensured voters in my State and the Nation. California, 54 percent of Asian-Amer- every voting-age citizen of this Nation Nevertheless, several provisions of the ican voters and 46 percent of Latino a voice in his or her own fate. Voting Rights Act will expire in Au- voters reported that language assist- The passage of the 14th amendment gust of 2007 if we don’t take this action ance made them more likely to vote. in 1868 and the passage of the 15th today. That is actual documentation. amendment in 1870 both prohibited dis- Two of the provisions set to expire In a hearing before the Judiciary enfranchisement on the basis of race. are particularly significant. The first is Committee on the impact of section But in the absence of legislative pro- section 5, which requires jurisdictions 203, Deborah Wright, acting assistant tection for the right to vote, that right with a history of discrimination to registrar and county clerk for Los An- was systematically denied to millions clear any changes in voting procedures geles County, testified that written of African Americans for nearly a cen- with the Department of Justice before translations are provided in Los Ange- tury. Similarly, Mexican Americans, instituting any change. les County because of the complex na- Asian Americans, Native Americans, The second is section 203, which re- ture of issues facing the voters in our and Alaskan Natives were excluded quires language assistance for bilin- State. I can tell you that California from the ballot box through an assort- gual voters in jurisdictions with a ballots are among the longest and most ment of voting tests and intimidation. large number of citizens for whom complicated in our Nation. She ex- We are all here today because of the English is a second language. plained to our committee that Cali- courage and persistence of the civil The section 5 so-called ‘‘preclear- fornia often presents voters with nu- rights leaders of the last century, who ance’’ provision is critically important. merous, complex ballot initiatives and fought so long and hard to attain the I guess this is the section that has propositions. Such complicated ballots franchise the Constitution had already drawn the most comment on this reau- challenge all voters to be prepared and granted them. thorization. It is important because it to have the information they need Several of these heroes are memori- stops attempts to disenfranchise voters prior to casting their ballots. alized in the title of this bill: Fannie before they can start, not after they Often, a high level of English pro- Lou Hamer, Rosa Parks, Coretta Scott start. ficiency is needed even by native King, and Cesar Chavez. All of us owe In the last decade, the Department of speakers of English to understand them a debt of gratitude. Justice has repeatedly struck down these ballot initiatives and to cast an On this day, I am also mindful of the proposed changes to voting procedures informed ballot. I myself have trouble contributions Californians have made under section 5 preclearance. This sec- sometimes understanding the propo- in the civil rights battles. Let me share tion has prevented the redrawing of sitions. I believe the California experi- one story. municipal boundaries designed specifi- ence is persuasive that appropriate tar- On June 10, 1964, the Civil Rights Act cally to disenfranchise minority vot- geted language assistance makes it was being filibustered on this very ers, blocked attempts to exclude mi- much more likely that informed voters floor. No filibuster of a civil rights bill nority candidates from the ballot, de- vote, and that is important. in the 20th century had ever been bro- nied efforts to change methods of elec- My mother was an immigrant from ken. Senator Claire Engle of Cali- tions intended to dilute minority vot- Russia. She came here when she was a fornia, who held the seat I now occupy, ing strength, kept polling places from small child. She had only a primary was suffering at the time from ter- being moved to locations that would school education. Her family was very minal brain cancer. He was wheeled in have reduced minority voter turnout, poor. Her parents never spoke English. dramatic fashion into this Chamber. He and it has thrown out redistricting pro- She studied English and, as an adult, was too sick to speak, but he indicated posals that would have marginalized passed the language exam and became his ‘‘aye’’ vote for cloture by gesturing minority voters. Clearly, this section a naturalized citizen. Still, when it toward his eyes. His vote proved to be has served us well. came time to vote, I helped her with the decisive 67th vote that overcame In California, the rejection of a dis- her ballot. We would go over the propo- the filibuster and ultimately led to criminatory redistricting plan in Mon- sitions, I would read them in English, passage of the Civil Rights Act of 1964. terey County under section 5 led to the we would discuss them, otherwise she Senator Engle died later that year. first election of a Latino to the Mon- could never fully understand them be- However, the filibuster was no longer terey County Boards of Supervisors in cause they were complicated and filled an impassable barrier to civil rights more than 100 years. with legalese.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.012 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7970 CONGRESSIONAL RECORD — SENATE July 20, 2006 As I said, California’s ballots can be I rise today to offer my unequivocal it took many long years for the prom- long, and despite ballot simplification, support for the Fannie Lou Hamer, ise of these amendments to be realized which is now a part of the California Rosa Parks, Coretta Scott King and in our own Nation. ballot, they can still be very confusing. Cesar E. Chavez Voting Rights Act Re- Notwithstanding the tremendous loss Section 203 enables the full comprehen- authorization and Amendments Act of of blood and life during the Civil War, sion of a ballot, and I believe that is 2006. some years later, in 1896, in Plessy v. very important. Almost a year ago, I stood on the Ferguson, our own U.S. Supreme Court We are reauthorizing this bill today. Senate floor to pay tribute to the Vot- sanctioned a system of segregation and I don’t believe we can permit these pro- ing Rights Act on the occasion of its the doctrine of ‘‘separate but equal.’’ visions to expire and leave the next 40th anniversary. In my remarks on The Court’s decision to uphold an 1890 generation of Americans without full that day, I urged my colleagues to rise Louisiana statute mandating racially protection of their voting rights. That above the partisanship that often segregated but equal railroad carriages is why I am very proud to be a cospon- plagues this body and to renew the ushered in another dark period in our sor of the Fannie Lou Hamer, Rosa promise of the landmark civil rights country’s history where Jim Crow was Parks, Coretta Scott King, and Cesar legislation by reauthorizing the key the law of the land throughout the E. Chavez Voting Rights Act Reauthor- provisions that were set to expire in South. Similar laws applied to other ization and Amendments Act of 2006. 2007. I am extremely pleased that the groups. Throughout the Southwest, This legislation will reauthorize the Senate today is poised to take action Mexican Americans in many places expiring provisions of the Voting on this important legislation. were systematically denied access to Rights Act for an additional 25 years so Without enforcement and account- ‘‘White Only’’ restrooms and other that it can continue to be a kind of de- ability of our Nation’s voting laws for places of public accommodation. Just terrent to any chicanery, any manipu- all Americans—for all Americans—the as there were signs that said ‘‘No lation, anyone’s ill intent to prevent words of the Declaration of Independ- Blacks Allowed’’ in the South, there any group of voters from exercising ence declaring ‘‘All men are created were also signs in many places across their right to the franchise under the equal,’’ the words written in the Con- our country that read ‘‘No Mexicans Constitution of the United States. stitution guaranteeing the inalienable Allowed.’’ Under the guidance of Chairman right to vote, and the maxim of one In the now infamous Plessy case, SPECTER and Ranking Member LEAHY person, one vote, those principles en- Justice Harlan, writing for the dissent over the last 2 months, our committee, shrined in our elected laws, are little in that case, looking ahead at the cen- the Judiciary Committee, has held 10 more than empty words. The reauthor- tury to come, made the following ob- hearings on reauthorizing this act—10 ization of the Voting Rights Act is fun- servation: hearings. As a matter of fact, I can’t damental to protect these rights and remember any reauthorization in the The destinies of the races, in this country, values and to ensure that they trans- are indissolubly linked together and the in- 14 years I have been on the committee late into actual practice, actual rep- terests of both require that the common gov- that has had 10 separate hearings. The resentation, and an actual electoral ernment law shall not permit the seeds of exhaustive testimony from these hear- voice for every American. race hate to be planted under the sanction of ings has confirmed both that these ex- I especially thank Senator LEAHY for law. piring provisions are still needed and offering an amendment on my behalf in Justice Harlan’s statement was pro- that these provisions are constitu- the committee that incorporated the found in its forecast for America. It is tional. name of Cesar E. Chavez, a true Amer- unfortunate that his words of warning In response to this record, yesterday ican hero, into the title of the Senate’s were largely ignored for the next half the Judiciary Committee unanimously reauthorization bill. century. It was not until 1920, for ex- voted to reauthorize the Voting Rights Like the venerable American leaders ample, that our Constitution even Act. I was also pleased to see the House who are now associated with this ef- guaranteed the right of women to vote, pass the reauthorization last week fort, Cesar Chavez sacrificed his life to and it was not until 1954 that the U.S. with broad, bipartisan support. Today, empower the most vulnerable in Amer- Supreme Court, under the very able this full Senate now has the oppor- ica. He fought for all Americans to be leadership of Chief Justice Warren, tunity to offer its own resounding en- included in our great democracy. It is struck down the ‘‘separate but equal’’ dorsement of this very important bill. Thomas Paine wrote over 200 years only fitting that his name be a part of doctrine as unconstitutional under the ago that: the reauthorization of the Voting 14th amendment in the Brown v. Board of Education case. That case was ar- The right of voting for representatives is Rights Act. the primary right by which other rights are As we move forward, I believe incor- gued by Thurgood Marshall, another protected. porating the names of these historic American hero who gave his life for I couldn’t agree more. Today will be American leaders underscores the im- equal opportunity for all Americans. a historic occasion as we reauthorize portance of reflecting on the history of More hard-won change followed that this important bill for another 25 our country and our never-ending—not 1954 decision of the U.S. Supreme years. I am very proud to play a small yet completed—quest to become a Court. role as a member of the Judiciary Com- more inclusive America. While the 15th amendment, which mittee in this vote. When one looks back at our history, was ratified in 1870, guaranteed all citi- I thank the Chair. I yield back the one learns some very painful lessons zens the right to vote regardless of remainder of my time. from that past. We must keep in mind race, in 1965—that wasn’t that long The PRESIDING OFFICER (Mr. EN- that we, as a nation, for the first 250 ago—only a very small percentage of SIGN). The Senator from Colorado. years of our history allowed one group African Americans were registered to Mr. SALAZAR. Mr. President, at the of people to own another group of peo- vote in States such as Mississippi and outset of this historic day in the Sen- ple under a system of slavery simply Alabama. In Mississippi in that year, ate, let me give my accolades to Sen- based on the color of their skin. It took only 6.7 percent of African Americans ator SPECTER and to Senator LEAHY for the bloodiest war of our country’s his- were registered to vote, and in Ala- their leadership in the reauthorization tory, even more bloody than World War bama less than 20 percent were reg- of the Voting Rights Act. This is one of II—the Civil War, where over half a istered to vote. the finest days of the Senate of the million people were killed on our soil The various tactics that were used 109th Congress because it is a dem- in America—to bring about an end to back then to impede and discourage onstration of Republicans and Demo- the system of slavery and to usher in people from registering to vote and crats coming together to deal with the the 13th and 14th and 15th amendments casting their right in our democracy on very important question of our Nation. to our Constitution. In my estimation, election day ranged from literacy tests, I congratulate the Judiciary Com- these three amendments are the bed- poll taxes, and language barriers, to mittee and all of those who have cre- rock of the proposition that all con- overt intimidation and harassment. ated a template for how we should do stitutional liberties are endowed upon The Voting Rights Act went on to at- business in the Senate. all Americans without exception. But tack those discriminatory practices in

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.013 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7971 people’s exercise of their fundamental ization—Rosa Parks, Coretta Scott The PRESIDING OFFICER. The Sen- right to vote. King, Fannie Lou Hamer, and Cesar ator from Virginia is recognized. On August 6, 1965, when President Chavez—those are people who gave Mr. ALLEN. Mr. President, I rise to Lyndon Johnson signed the Voting their lives to make certain that when commend the Judiciary Committee but Rights Act, America took a critical we stumble, we get up and we continue most importantly commend to my col- step forward in fulfilling our constitu- our path of America forward, we con- leagues on the passage of the Voting tional ideals. tinue an America in progress. Rights Act renewal this afternoon. Just a year earlier, President John- Since the passage of the Voting I spoke right before Independence son had signed the Civil Rights Act of Rights Act, the doors to opportunity Day last month on June 29 on the im- 1964 proclaiming that in America, as he for political participation by pre- portance of certain principles as we said: viously disenfranchised groups have celebrated the Declaration of Independ- We believe that all men are created equal, swung open. Their voices are now heard ence. I quoted and I will quote again yet many are denied equal treatment. We be- and counted across America. This the importance of this document which lieve that all men have certain unalienable progress is evident through the Nation is the spirit of America: rights, yet many Americans do not enjoy in all levels of government today. The We hold these Truths to be self-evident, those rights. We believe that all men are en- number of Black elected officials na- that all Men are created equal, that they are titled to the blessings of liberty, yet millions tionwide has risen from only 300 in 1964 endowed by their Creator with certain are being deprived of those blessings, not be- to more than 9,000 today. In addition, unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness— cause of their own failures, but because of today there are over 5,000 Latinos who the color of the skin. That to secure these Rights, Governments now hold public office, and there are President Johnson knew then what are instituted among Men, deriving their still hundreds more Asian Americans just Powers from the Consent of the Gov- we still recognize today on this floor of and Native Americans serving as elect- erned. . . . the Senate. ed officials. So in our representative democracy, The enactment of both of these crit- It is with this history in mind—and in our Republic, voting is how the own- ical pieces of legislation in the 1960s with the increasing diversity of our ers, the people of our country in their was another major step forward in our country—that I look to the future of an counties, cities, and States, express country’s journey to become an inclu- inclusive America continuing to fulfill their views for the just powers of our sive America for all citizens—for all the promises and guarantees to all government. citizens—and enjoy the rights and pro- Americans that our Constitution pro- I spoke on how it was important for tections guaranteed by the U.S. Con- vides. the Senate to act on this measure as stitution. Our work is not yet done. Although promptly as possible. I commend the When he recalled the day when the significant advances to ensure voting chairman of the Judiciary Committee, Voting Rights Act was signed by Presi- rights for all Americans have been Senator SPECTER, and the ranking dent Johnson, Dr. Martin Luther King, made, the testimony presented before member, Senator LEAHY, for moving Jr., wisely pointed out that: the Senate Judiciary Committee points yet another important piece of legisla- The bill that lay on the polished mahogany to still an unfortunate truth: that tion this session. The enactment of the desk was born in violence in Selma, AL, Americans are still too often being Voting Rights Act was absolutely nec- where a stubborn sheriff had stumbled kept from the polls. essary 41 years ago and was passed dur- against the future. The greatness of this country de- ing a tumultuous time in our Nation’s pends on our learning and not forget- Dr. King was, of course, referring to history. History has proven, though, ting the painful lessons of our past, in- Bloody Sunday, the Selma incident that this law was just and clearly ap- cluding poll taxes and literacy tests which took place on March 7, 1965, propriate to provide equal opportuni- that prevented countless of individuals where more than 500 nonviolent civil ties and protections to persons with rights marchers attempting a 54-mile from exercising their right to vote. I believe the United States, the Fed- the desire to express themselves and march to the State capital to call for give their consent at the ballot box. We voting rights were confronted by an ag- eral Government must remain vigilant in safeguarding all Americans’ sacred are all better off—we are so much bet- gressive and violent assault by the au- ter off—for the choices made during thorities. right to vote. This legislation today is a manifestation of that vigilance of the that time because this strengthened In response to the violence in Selma the fabric of our country. It has made and the death of Jimmy Lee Jackson, Congress. It represents the Senate working at its best. our country a more perfect union—and who was shot 3 weeks earlier by a as we strive to be a more perfect union, State trooper during a civil rights dem- Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- it has made us stronger as we have onstration, President Johnson ad- ator from Vermont. faced the challenges of recent years, dressed Congress and the Nation on Mr. LEAHY. Mr. President, I know presently, and in the future. March 15, 1965, to press for the passage the distinguished Senator from Vir- What this legislation does is help en- of the Voting Rights Act. Indeed, ginia is going to be recognized, but I sure the fundamental right of all eligi- President Johnson’s speech served as a have a quick housekeeping issue. ble citizens to vote. It sends a strong rallying call to the Nation and to the The distinguished chairman, the dis- message, a renewal, a reconfirmation Congress. In that speech, Lyndon John- tinguished Senator from Pennsylvania, that no matter one’s gender, race, eth- son said to the Nation: and I want to make sure we go back nicity or religion, you have an oppor- At times history and fate meet at a single and forth, side to side. So following the tunity to vote if you are a law-abiding time in a single place to shape a turning distinguished Senator from Virginia, citizen in this country. It is the core— point in man’s unending search for freedom. we will go to the distinguished Senator it is absolutely the core of a represent- So it was at Lexington and Concord. So it ative democracy, that we do have the was a century ago at Appomattox. So it was from North Dakota. Following the next last week in Selma, Alabama. Republican, I ask unanimous consent participation of an informed people. This time, on this issue, there must be no that the distinguished Senator from Il- Again, the people are the owners of the delay, no hesitation and no compromise with linois, Mr. DURBIN, be recognized for 15 Government. our purpose. We cannot, we must not, refuse minutes. Virginia has come a long way. They to protect the right of every American to The PRESIDING OFFICER. Without have come a long way because the Con- vote in every election that he may desire to objection, it is so ordered. stitution said: You have the right to participate in. Mr. LEAHY. Mr. President, I com- vote, but we all know that not every- Five months later, on August 7, 1965, pliment the distinguished Senator from one did have the right to vote. It took President Johnson signed the Voting Colorado for his speech. I mentioned many years before African Americans Rights Act of 1965 into law. him earlier in my speech on the floor were allowed to vote, but then there In our country’s history in America, and his tremendous contribution to were all sorts of devices that prevented we have often stumbled, but great lead- this bill. We can all agree the time to them from voting. It took many years ers, such as Dr. King and those whose end discrimination is still here, and we before women were given the right to names are associated with this author- can work to do that. vote. Virginia has come a long way

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.014 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7972 CONGRESSIONAL RECORD — SENATE July 20, 2006 since the Voting Rights Act was en- know the results. The results of the So it was at Lexington and Concord. So it acted 41 years ago. I think it is impor- Voting Rights Act has made this a was last week in Selma, Alabama. There, tant that the Act is reauthorized, not more perfect union. Let’s keep this long-suffering men and women peacefully protested the denial of their rights as Ameri- just for Virginia but throughout the country moving forward, making sure cans. Many were brutally assaulted. One United States. It applies everywhere this is a land of opportunity for all. I good man, a man of God, was killed. from Florida to Alaska to New York. commend this measure to the positive From that, we know that the Voting Some will argue that counties and vote of all my colleagues. Rights Act was passed a very short cities and States cannot be removed Mr. President, I thank my colleagues time later. from or ‘‘bail out’’ of preclearance if for their attention, and I yield the Days later, in a joint session of Con- they so desire and have a good record. floor. gress, President Johnson outlined the The facts are that there are 11 counties The PRESIDING OFFICER. The Sen- Voting Rights Act, and within months, and cities in Virginia that have been ator from North Dakota is recognized. the Congress had passed it. able to ‘‘bail out’’ of the Voting Rights Mr. DORGAN. Mr. President, I just Let me talk about another minority Act by proving that ‘‘no racial test or this morning spoke to a couple of hun- in this country, Native Americans, the device has been used within such State dred young people called Junior States- first Americans, those who were here or political subdivision for the purpose men who are gathered in the Capitol. It first—American Indians. Although the or with the effect of denying or bridg- is an organization that comes to the Voting Rights Act applies to all Ameri- ing the right to vote on account of race Capitol and learns about Government. I cans and all minorities, let me talk or color.’’ The counties in Virginia talked to them about the Voting just a little about its impact on Native that have been removed from this Rights Act some, and I talked to them Americans, American Indians. preclearance review are Augusta, Fred- about what we take so much for grant- They were first given U.S. citizenship erick, Greene, Pulaski, Roanoke, Rock- ed in this country, including the right rights in 1924. Think of that. Almost a ingham, Shenandoah, and Warren and to vote. century and a half of this country’s ex- the cities of Fairfax, Harrisonburg, and I described what happened, at least perience passed before Indians were Winchester. as I read the history books, on Novem- recognized. It took from 1924, nearly 40 The renewal of this act does not ber 15, 1917, at Occoquan Prison. That years later, for all of the States in this mean that the reauthorizing States is the day on which a good number of Nation to say to American Indians: still engage in voter discrimination on women were severely beaten at the Yes, you have the right to vote. You the basis of race. Renewal should in- Occoquan Prison. Several dozen women have the full rights of American citi- stead be viewed as a continued unflag- were picked up because they dem- zenship. The last State to clear the ging commitment to ensuring the pro- onstrated in front of the White House. hurdles and the obstacles to voting by tection of a law-abiding person’s right They were arrested for demonstrating American Indians was New Mexico, in to vote without subversion or unwar- because they were in the streets dem- 1962, only 3 years before the Voting ranted interference. onstrating, insisting that women ought Rights Act. Think of that. These were Thanks in part to the Voting Rights to have the right to vote in this coun- the Americans who were here first. Act, Virginia was the first State in our try. Because they demanded the right They lived here when the rest of us Union to popularly elect the first Gov- to vote, demonstrating in the streets of came here—American Indians. ernor who is an African American. I this capital, they were arrested and We come today on the issue of ex- hope that after this November’s elec- taken to the Occoquan Prison. Among tending the Voting Rights Act. I be- tions, Virginia will not be the only those women were Lucy Burns and lieve it has been almost a quarter of a State to have a Governor elected who Alice Paul. century since we have done that; 1982 is an African American. In fact, I The description of what they did to was the last time Congress reauthor- would be happy if there were two more those women includes putting hand- ized the Voting Rights Act. It has been Governors elected this year who are Af- cuffs on Lucy Burns, tying the hand- hailed by many as the single most ef- rican American. The election in Vir- cuffs with a chain, and then putting fective piece of civil rights legislation ginia represented an inspirational suc- the chain above a cell door and letting that has ever been passed. cess for one person, L. Douglas Wilder, her hang the entire evening, with blood I was in Philadelphia some weeks ago who was elected Governor because of running down her arms. That was the and went to the Constitution Center. his perseverance in winning. But it is fate of Lucy Burns. Alice Paul had a At the Constitution Center they have also an advancement and a matter of tube forced down her throat. They these statues of the 55 men—yes, only pride, I think, and an achievement of tried to force feed Alice Paul, and she men—who sat in that hot room in the the Commonwealth of Virginia, which nearly drowned. The transgression of hot summer and wrote the Constitu- only decades earlier had counties that these women: They were demanding tion of the United States. The three closed their public schools rather than the right of women to vote. words that began that great document integrate them to comply with the It is interesting what some people were, ‘‘we the people’’—not just some Brown v. Board of Education decision. have done to demand the right of citi- of the people, all the people—‘‘we the Now, we realize we have made zenship and what others so often and so people.’’ And all of the power in this progress, but we need to continue to regularly take for granted. document called the Constitution of make strides. We need to strive to be a My colleague was talking, I believe, the United States is vested in the society, as Martin Luther King, Jr., about the struggle that minorities in power of one—one American casting stated, ‘‘Where people are judged by this country, including especially Afri- one vote at one time. That is all the the content of their character rather can Americans, have made to have the power in this Government. That ex- than by the color of their skin.’’ right to vote, and I believe the previous ceeds all the power of all the Presi- We must join together in our great speaker was talking about Selma, AL, dents, all the power of all the Sen- country, a country that has tremen- on March 7 in 1965, when State troopers ators—the power of one person to cast dous promise, to make sure that every- brutally beat civil rights workers. The one vote on one day to alter the des- body, no matter their race, or their marchers were fighting for their right tiny of this country. ethnicity, or their religion, or their to vote. On that day, in 1965, that day Except we have learned over time gender, has that equal opportunity to in March, they were brutally beaten that some have been denied that oppor- lead a fulfilling life, to compete and to because they insisted on the right to tunity: African Americans, American succeed in our country. vote, just as Alice Paul and Lucy Indians, women. It has taken a long The reauthorization of the Voting Burns had done some 60 years before time and a bloody struggle, regret- Rights Act is a tool that has, can, and that. tably, to make certain that everyone will help achieve this goal of fairness Lyndon Johnson said this about what has the right to exercise the power of in America. So I urge my colleagues is called Bloody Sunday. He said: one, to become part of ‘‘we the people.’’ this afternoon to renew and pass this At times, history and fate meet at a single My guess is that the spirit of Lucy important piece of legislation. We can time in a single place to shape a turning Byrne and Alice Paul exists in this de- and have debated the issue, but we also point in man’s unending search for freedom. bate about voting rights. The spirit of

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.016 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7973 the civil rights marchers who were celebrate the 40th anniversary of that a concussion at the bridge. I almost died. I beaten brutally—one lost his life on Voting Rights Act. I was proud to gave blood, but some of my colleagues gave that bloody Sunday—their spirit exists march in the footsteps of civil rights their very lives. as this Congress turns again to the sub- giants, to celebrate a bill that has It is good for us to reflect on that and ject of voting rights and asks the ques- often been called the most significant to value what John Lewis and his cour- tion: Will we do everything possible to civil rights law ever passed by Con- age meant to America and so many ensure that every American is able to gress. others, and why this bill at this mo- exercise the power of one as part of It has broad support today. Yester- ment is important for America. We ‘‘we the people’’ in this great country? day, in my Senate Judiciary Com- honor the legacy of civil rights heroes That is why this is such an important mittee it passed unanimously, with a by extending the Voting Rights Act piece of legislation. That is why some bipartisan vote. That is a great tribute provisions that would expire in just a take it for granted day after day. It is to that committee and where Amer- short time. why others have given their lives for it. ica’s thinking is today on Capitol Hill. The bill itself is named after three Today, when this Congress passes the But it was bitterly fought in 1965. Peo- extraordinary civil rights heroes: Voting Rights Act, to extend the Vot- ple died for that law. Civil rights work- Coretta Scott King, who continued her ing Rights Act once again, I think it ers James Cheney, Michael Schwerner, husband’s leadership of America’s will have been one of its finest hours. Andrew Goodman, and so many others movement for racial justice and human I yield the floor. were murdered simply because they rights; Rosa Parks, what a brave lady, The PRESIDING OFFICER. The Sen- had the courage to step up and say who ignited the Montgomery Alabama ator from Illinois. every American has the right to vote. bus boycott; and Fannie Lou Hamer, Mr. DURBIN. Mr. President, if you It has been so long ago, it sounds like the sharecropper who became a civil are a student of history, this is a mo- ancient history, and you may be puz- rights champion. She was nearly beat- ment that you should reflect on and zled to think: People would give their en to death trying to register to vote. savor. Just a short time ago, I came to lives? Ordinary people would die over And her famous declaration? Fannie the floor and sat in the back row and this, over this battle? The answer is Lou Hamer said, ‘‘I am sick and tired listened as Senator TED KENNEDY of yes. Black, White, and brown Ameri- of being sick and tired.’’ Massachusetts spoke. I wanted to be cans came forward and said it was Last week, the House of Representa- here to see it because Senator TED worth dying for because it really was tives passed the Voting Rights Act by a KENNEDY was one of the few who was a the cornerstone of America’s democ- vote of 390 to 33. It was a proud mo- Member of the Senate when the Voting racy. ment for that Chamber. In his auto- Rights Act passed in 1965, more than 40 Just a few years ago, I made a trip biography, Dr. Martin Luther King re- years ago. He recounted the struggle down South, my first step to Selma, flects on this Voting Rights Act, and that led to the passage of that legisla- AL. When the civil rights march at this is what Dr. King wrote: tion—and it was a struggle. He talked Selma took place, I was a student here When President Johnson declared that about President Lyndon Baines John- in Washington. I sat around in my Selma, AL, is joined in American history son coming back to Capitol Hill, with apartment with several other students with Lexington, Concord, and Appomattox, which he was so familiar as a Member and we talked about getting in a car he honored not only our embattled Negroes, of the Senate, and just a few feet away and driving down to Selma and being but the overwhelming majority of the na- from where I am standing, in one of the tion, Negro and white. The victory in Selma part of that march. I remember it like is now being written in the Congress. Before small rooms known as the President’s it was yesterday. I couldn’t get away long, more than a million Negroes will be Room, signing the Voting Rights Act from my job, I had other excuses, and new voters and psychologically, new people. of 1965. I didn’t go. I have thought about that Selma is a shining moment in the conscience I wanted to come and hear TED KEN- so many times, how I wished I had been of man. If the worst in American life lurked NEDY tell that story because I do appre- there at that moment, to have been in the dark streets of Selma, the best of ciate it—not just as history but be- part of that historic march across the American democratic instincts arose from cause of what that meant to America. Edmund Pettus Bridge, but I missed it across the nation to overcome it. Some say it was the most significant and regretted it ever since. What powerful and hopeful words. civil rights legislation in our history. Three years ago, Congressman JOHN It is wrong for us to equate racism It is hard to argue that it was not be- LEWIS, from the State of Georgia, in- and prejudice with the South in Amer- cause if Americans don’t have the right vited me, Senator BROWNBACK of Kan- ica. Sadly, it has touched every corner to vote, they don’t have the most basic sas, and others to join him in a little of our great Nation. Every one of us in right that we appreciate and treasure commemorative pilgrimage to the Ed- our towns and communities and vil- as American citizens. mund Pettus Bridge. Early one Sunday lages, North and South, East and West, On the day that President Lyndon morning we got up and drove over to have struggled with some form of rac- Baines Johnson signed the Voting Selma and JOHN LEWIS and SAM ism in the course of our history. Rights Act of 1965, he said it was one of BROWNBACK and I walked across the Ed- In the 1960s, Illinois fielded its first the most monumental laws in the his- mund Pettus Bridge. African-American candidate, a woman tory of American freedom. And then he JOHN LEWIS was the perfect person to named Fannie Jones from East St. said: bring us on that pilgrimage because he Louis, IL, my hometown, who ran for Today is a triumph for freedom as huge as had been there on that bloody day clerk of the Illinois Supreme Court. any victory that’s ever been won on any bat- when the first march took place. When She lost. It wasn’t even close. But she tlefield. Today we strike away the last major we went there on that Sunday morn- was the first to try to run statewide. shackle of fierce and ancient bonds. ing, it was quiet and peaceful. But he Then fast-forward. By 1978, Illinois Those beautiful words were quoted in marched us down to the very spot elected its first African-American the autobiography of Dr. Martin Lu- where the Alabama State Troopers statewide, Roland Burris of Chicago, as ther King, Jr. They are a reminder that turned and started beating him—beat- State comptroller. what we are about today is not just an- ing him unconscious. He fell to the Now bring it to the present day, and other piece of legislation. It is only 12 ground and nearly died. But he sur- I am honored that my State, Illinois, or 13 pages long—small by Senate vived and that cause survived and the land of Lincoln, can claim that the standards—but what it does is make today JOHN LEWIS is a Congressman. two biggest vote getters in its history another commitment by our genera- What does that have to do with this are African Americans: my close tion to the same basic values and prin- debate? Just last week, Congressman friend, Secretary of State Jesse White, ciples that guided this Congress to pass JOHN LEWIS spoke in the House about and my colleague, in whom I have such the first Voting Rights Act of 1965. the history of the Voting Rights Act, great pride, BARACK OBAMA the two In August of last year, I was invited and here is what he said: biggest vote getters in the land of Lin- to Atlanta, GA, to represent my caucus When we marched from Selma to Mont- coln. It says a lot about how far we of the Senate to march with civil gomery in 1965, it was dangerous. It was a have come just in my short political rights leaders and ordinary people to matter of life and death. I was beaten, I had lifetime.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.018 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7974 CONGRESSIONAL RECORD — SENATE July 20, 2006 Yesterday, the Senate Judiciary laws that required African Americans The record is thorough and clear. Committee voted to reauthorize this to pay a poll tax before they could Voter discrimination continues. It re- bill. Today, the Members of the Senate vote, laws which had literacy tests and mains a threat to American democ- have an opportunity to make history constitutional tests before a person can racy. We need to pass this renewal of by passing this strong, bipartisan ex- vote, and say: That is the past; thank the Voting Rights Act. We need to step tension of the Voting Rights Act. A lot goodness it is behind us. This Georgia back as a nation and ask some impor- of people argued when this debate law which imposed a new requirement tant questions, not pat ourselves on began that it was unnecessary. Voting for a voter ID, which would have cost the back on a bipartisan basis for pass- rights? Where is that a problem in many voters $20, was, in the view of the ing this. America, they said? I wish it were not Federal court system, a new poll tax. Why is it so many voting machines in a problem. Unfortunately, it is part of a pattern. cities where the poorest people live Listen again to what Congressman Since 1982, the Federal Justice Depart- don’t work? Why is it people are denied JOHN LEWIS said last week: ment has objected to nearly 100 pro- their choices on the ballots because Yes, we have made some progress. We have posed changes to election procedures in they are stuck with voting machinery come a distance. We are no longer met with Georgia alone on the grounds that the that is antiquated or just plain dys- bullwhips, fire hoses, and violence when we changes would have a discriminatory functional? Why is it those who are attempt to register and vote. But the sad impact on minority voters. The Justice fact is, the sad truth is, discrimination still challenged time and time again turn exists, and that is why we still need the Vot- Department has sent Federal observers out to be the poor, the dispossessed? ing Rights Act.... We cannot separate the to monitor nearly twice the number of Why is it they have the toughest time debate today from our history and the past elections in Georgia since 1982 as it did when it comes to voting in America, if we have traveled. between 1965 and 1982. this is truly going to be a land of equal We had hearings before the Senate Let me add again, though I am giving opportunity? and House Judiciary Committees, more examples from Georgia, I do not stand There were attempts in the House hearings than I have ever seen on any here as a northerner by definition and and Senate to weaken this Voting single piece of legislation: 21 hearings argue we only find discrimination in Rights Act and I am glad they did not on the Voting Rights Act over the past the South. Discrimination and race has prevail. I am glad what we have before 9 months, 12 in the House, 9 in the Sen- haunted our Nation from coast to the Senate today is a strong, clear ate. Over 100 witnesses appeared or sub- coast. It is naive and wrong to believe version of renewing this law. I want it mitted statements for the RECORD, it is only a southern phenomenon, but to pass, but I don’t want the conversa- thousands of pages of reports and evi- the fact is, in this situation, in Geor- tion to end at that point. I hope we will dence, so there would be no question gia, repeatedly minority voters have accept the responsibility to challenge about the need for this bill. been challenged and have been denied any State and to challenge even our- I attended and listened to some of the right to vote. selves if we are creating unnecessary Both of the protections, the require- these hearings. They were contentious. and unfair obstacles to voters who are ment the Justice Department approve People were debating whether we need- trying to exercise the most basic right changes to electoral procedures in ed a Voting Rights Act or whether this they have as Americans. was some vestige of America’s past States with histories of voter discrimi- Whether you are Republican, Demo- which had no relevance today. But the nation and Federal monitoring of elec- crat, or Independent, we need to be evidence shows that attempts at voter tions in such jurisdictions, are only united in supporting the Voting Rights discrimination are not simply a chap- possible because of the sections of the Act. This law, above all others, should ter from our history; they continue to Voting Rights Act that must be re- be above politics and partisanship. We threaten us and our democracy today. newed. need to make sure that today in the We have made progress as a nation Let’s take another case that is not in Senate, we are all on the right side of over the past few decades, but discrimi- the South. Eighty-three percent of Buf- history. The Voting Rights Act has nation endures, many times in more falo County, South Dakota, is Native subtle forms. American, but they were packed into a served as a beacon of our democracy A recent example was in the State of single State legislative district. Non- for over 40 years. It should not be al- Georgia which passed two different Natives, who make up 17 percent of the lowed to expire until voting discrimi- voter ID laws over the past year, over population of the county, controlled nation has expired. When it passed in 1965, it was because the strong objections of the African two out of three seats on the county of the moral and physical courage of Americans who live in that State. They commission. Buffalo County was suc- people such as Congressman JOHN argued that this new Georgia law cessfully sued in the year 2003 in South would diminish the voting rights of the Dakota. The case was settled by a con- LEWIS of Georgia, Dr. Martin Luther minorities, the poor, the elderly, and sent decree. In that consent decree, King, Jr., Coretta Scott King, Rosa those without formal education. Both Buffalo County, South Dakota, admit- Parks, Fannie Lou Hamer, and so of Georgia’s laws were struck down by ted that its plan was discriminatory many others. Passing the Voting Federal courts. The first law was deter- and agreed to submit to Federal super- Rights Act also required the persist- mined to constitute a modern day poll vision of future change. ence and courage of Members of Con- tax, an unconstitutional infringement Once again, it was one of the provi- gress. on the fundamental right to vote. The sions of the Voting Rights Act which No one in the Senate pushed longer second law, slightly improved, was would expire without our action and harder for voting rights for all struck down last week by a Federal today—section 5—that entitled the Americans than a man named Paul judge who ruled it was discriminatory U.S. Justice Department to protect the Douglas of Illinois. My connection to and unconstitutional. rights of Americans to vote in South the Senate began as a college student This is what the New York Times Dakota. in 1966, a year after this law passed. I said recently about ‘‘Georgia’s new poll In another case in 2004, a Federal was an intern in the office of Senator tax,’’ as they call it: judge invalidated South Dakota’s re- Paul Douglas. I had the privilege to In 1966, the Supreme Court held that the districting plan. In her opinion, the work in his office. I guess I was lucky poll tax was unconstitutional. Nearly 40 judge described the State’s long his- in that he needed me every day. You years later, Georgia still is charging people tory of discrimination against Native cannot say that very often for an in- to vote, this time with a new voter ID law Americans, including some very recent tern, but he needed me because Senator that requires many people without driver’s Douglas was a veteran of the Marine licenses—a group that is disproportionately examples. The judge quoted a South poor, black, and elderly—to pay $20 or more Dakota State legislator who, in ex- Corps, fought in World War II, and had for a state ID card. Georgia went ahead with pressing opposition to a bill that would lost the use of his left arm in combat. this even though there is not a single place have made it easier for Native Ameri- He insisted on signing every letter, so in the entire city of Atlanta where the cards cans to register to vote, said in the every night they would stack up all the are sold. The law is a national disgrace. year 2002: mail that had been typed by all the And a reminder that laws which we I’m not sure we want that sort of person in people in his office, and Senator Doug- now look back on with embarrassment, the polling place. las would sit at the long table, starting

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.019 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7975 at 5 o’clock, signing the letters, mak- Mall, but you sensed that you were in each of us has to go into an establish- ing little notes, making corrections. I the midst of an extraordinary event ment of our choice—that decision hav- got to sit next to him and pull the let- that was going to change America. ing been made in 1964—and then to vote ters away. I was dazzled. There I was That night, I had an opportunity to and to have an impact on elections— within a foot or two of this great man watch the speech on television. You that decision having been made in 1965. who had done so much. knew it was one of the most memo- We have, of course, renewed the Vot- He came back after fighting the war rable speeches of all time in American ing Rights Act periodically since that to fight for the rights of those who history. time, overwhelmingly, and on a bipar- were being discriminated against. He The next year, I had a chance to be tisan basis, year after year after year gave a lot of political blood in the Sen- an intern on the Senate side, in Sen- because Members of Congress realize ate fighting for civil rights. If you read ator John Sherman Cooper’s office. this is a piece of legislation which has the LBJ books, stories of Lyndon Senator Cooper was probably the only worked. And one of my favorite sayings Baines Johnson, you know that in the truly successful Kentucky Republican that many of us use from time to time early days, before Lyndon Johnson be- at that point in our history in our is, if it ain’t broke, don’t fix it. This a came the great champion of the civil State. He was among the members of good piece of legislation which has rights that he was in his late career, he the Republican Party leading the served an important purpose over was in pitched battle with the likes of charge for the public accommodations many years. Estes Kefauver, Hubert Humphrey, and bill of 1964, that is, the civil rights bill I had an opportunity, as many of us Paul Douglas over the issue of civil of 1964 which, interestingly enough, on did, yesterday to meet with members rights, but the day finally came in 1965 a percentage basis, was supported by of the NAACP—which happens to be when the Voting Rights Act passed. more Republicans in the Senate than meeting here in Washington, as we Senator Paul Douglas said it was his by Democrats. I think not many Amer- speak—from my State in my office. proudest achievement as a Senator. icans know that, but that was, indeed, They were excited to be here. There Today, American troops are risking the case. A higher percentage of Repub- were older people, middle-aged people, their lives—and many have given their licans supported the civil rights bill of and younger people in this group, all of lives—to secure the right to vote for 1964 than did Democrats. them thrilled to be in Washington and the people of Iraq and Afghanistan. The I had a wonderful summer observing to be in Washington, potentially, at absolute least we can do is to have the Senator Cooper at work when he was, the same time this very important leg- courage to protect the right to vote for in effect, leading the charge on the Re- islation is going to be reauthorized. We all Americans by giving resounding, bi- publican side, along with Everett Dirk- know the President will be speaking to partisan support to the renewal of the sen, to stop the longest filibuster in the NAACP and will be signing the bill. Voting Rights Act. the history of the Senate—and it is We will be able to pass it here in the I yield the floor. still the longest filibuster—that was Senate in a few hours. And this land- The PRESIDING OFFICER (Mr. employed against the civil rights bill mark piece of legislation will continue GRAHAM). The Senator from Kentucky. of 1964. That filibuster was broken to make a difference not only in the Mr. MCCONNELL. Mr. President, the while I was an intern that summer. It South but for all of America and for all reauthorization of the Voting Rights was an exciting time. The bill was of us, whether we are African Ameri- Act brings back a lot of memories of passed and President Johnson signed cans or not. my early life and childhood. When I it. Mr. President, obviously, I rise today was born in the Deep South, in Ala- The next summer after I finished my in support of this bill. bama, segregation, regretfully, was first year of law school, I came back to America’s history is a story of ever- still very much in vogue. I remember Washington to visit some of the friends increasing freedom, hope, and oppor- all too well segregated restrooms, seg- I had made in the two previous sum- tunity for all. The Voting Rights Act regated entrances into movie theaters, mers, for a week or so. I happened to be of 1965 represents one of this country’s and segregated schools which still ex- in Senator Cooper’s office on the day greatest steps forward in that story. isted when I started in the first grade President Johnson was to sign the 1965 Our most basic founding ideal is that in the late 1940s. Voting Rights Act in the Rotunda of sovereignty flows up, from the people I subsequently lived with my parents the Capitol. Senator Cooper came out, to their elected leaders. The governors in Alabama for a few years. Then we grabbed my arm in the reception room must have the consent of the governed. moved to Louisville, KY, about the of his office and walked me over to the time Kentucky was integrating its Rotunda where I got an opportunity to In order for that ideal to mean any- schools in response to the 1954 land- watch President Johnson sign the vot- thing, every American must have free- mark decision Brown v. Board of Edu- ing rights bill. The Rotunda was full of dom of political expression—including cation. Integration in public schools in people. I was not exactly standing be- the free, unfettered right to vote. Kentucky was smoothly accomplished, side President Johnson—I was way off But prior to the Voting Rights Act’s I think a tribute to our State which is in the distance—but I do recall the passage, for far too many African somewhat southern and somewhat a presence of President Johnson. He was Americans, America did not live up to border State. Kentucky accommodated an enormous man. Not only was he its promise that ‘‘all men are created itself to a new reality of integrated very tall, he had a huge head, huge fea- equal.’’ Many African Americans were schools rather easily with the min- tures, and he sort of stood out above denied the right to vote. imum amount of some of the distress this mass of humanity in the Rotunda Thanks to brave men and women who that occurred in other parts further of the Capitol. And so it was, indeed, a held sit-ins at lunch counters, rode in South and actually in some northern memorable day. I happen to have been Freedom Rides, marched in our Na- cities as well. there the day the original voting rights tion’s capital, or simply refused to give In the early 1960s, I had an oppor- bill was signed. up a seat on a bus, America was forced tunity to be an intern over on the This is a piece of legislation which, to look itself in the mirror, admit its House side in 1963. I was here that sum- obviously, has worked. African-Amer- failing, and recommit itself to its mer when the extraordinary march on ican voters are participating through- founding ideals. Washington occurred. I remember out America, and some statistics indi- I am especially proud to stand in sup- standing on the steps of the Capitol, cate in greater percentages, really, in port of the reauthorization of the Vot- looking down the Mall to the Lincoln the South than in other parts of the ing Rights Act because, as I said, I was Memorial. It was crowded with people country. there when President Johnson signed from one side to the other all the way Coming on the heels of the removal the original Act in 1965. down to the Lincoln Memorial which, of the discrimination in places of pub- I was overwhelmed to witness such a of course, is where Martin Luther King, lic accommodations, this bill, the very moment in history, and moved that my Jr. made that extraordinary ‘‘I Have a next year, eliminated the barriers to hero, Senator Cooper, at the spur of Dream’’ speech. I couldn’t hear it be- voting, so that all Americans could the moment, had brought me to wit- cause I was at the opposite end of the participate in the basic opportunities ness it.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.042 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7976 CONGRESSIONAL RECORD — SENATE July 20, 2006 It fills me with personal pride that I our purpose. We cannot, we must not, refuse America is the only idealistic nation in the can today carry on a small part of Sen- to protect the right of every American to world. ator Cooper’s legacy by voting to reau- vote in every election that he may desire to I think he was right about that. We thorize the bill he worked so hard and participate in. are an idealistic nation. We always so courageously to pass 41 years ago. Five months after the march in strive for the better. In fact, we strive The Voting Rights Act has proved to Selma, AL, President Johnson signed for perfection. We try to reach the be a success for America. On March 15, the Voting Rights Act into law. The ideal. We do not always get there. Cer- 1965, President Johnson spoke before a Voting Rights Act, in that context, in tainly, the treatment of African Amer- joint session of Congress and chal- that time, put an end to literacy tests, icans through the history of this Na- lenged them to pass this historic legis- poll taxes, and other less direct meth- tion is a clear example of that. We do lation. ods to prohibit or discourage people not always get to the ideal. We do not At that time, he said: from voting. They were clearly dis- always get to the goal we set for our- The time of justice has now come, and I criminatory tactics used all over this selves. But one thing that makes tell you that I believe sincerely that no force country but in the South particularly. America different from a lot of coun- can hold it back . . . and when it does, I In the South, after the Voting Rights tries is that we try. We try. And we go think that day will brighten the lives of Act passed in 1965, African-American the extra mile to try to make opportu- every American. registration rose to a record 62 percent nities for people in this country and to History has proven President John- within just a few years after the pas- try to live up to the ideals of our son correct. The Voting Rights Act sage of the Voting Rights Act. Founding Fathers and those ideals on brought about greater justice for all. It has been an amazing success. When which this Nation was founded. The And while we celebrate that achieve- it was enacted, there were only 300 Af- Voting Rights Act is a very important ment, we must continue to strive for rican-American public officials in this part of that. more. country—only 300. Today, there are I thank my colleagues for listening I know my colleagues will join me in over 9,000. And the number of Latino today, and I thank my colleagues for recognizing that our country will and elected officials is over 6,000. their votes today. must continue its progress toward a so- So there is no doubt the Voting Mr. President, I yield the floor. ciety in which every person, of every Rights Act is important, that it has The PRESIDING OFFICER. The Sen- background, can realize the American been very effective. There is no doubt ator from Wisconsin. Dream. With the passage of this bill, that it is one of the most important Mr. FEINGOLD. Mr. President, I, too, we are reaffirming that Dream. things Congress has done to equalize rise today to speak in support of the I believe I am safe in predicting this and give opportunity to all Americans. Fannie Lou Hamer, Rosa Parks, and legislation will be approved over- It is also—there is no question about Coretta Scott King Voting Rights Act whelmingly this afternoon, and it is it—just as important today as it was Reauthorization and Amendments Act something all Members of the Senate, four decades ago. of 2006. I am pleased to be a cosponsor on both sides of the aisle, can feel deep- I know the NAACP national conven- of and to have participated in the hear- ly proud of having accomplished. tion is being held in Washington this ings held by the Judiciary Committee Mr. President, I yield the floor. week. I know they are very supportive on this incredibly significant legisla- The PRESIDING OFFICER. The Sen- of this. There are countless civil rights tion. ator from Arkansas. groups and organizations that are sup- The Voting Rights Act may very well Mr. PRYOR. Mr. President, I rise portive of this, and they want to renew, be the most important piece of Federal today in support of the Voting Rights reauthorize, and restore this act. I ap- legislation ever passed, for without a Act. I have in my pocket here a small preciate that, and I respect that. But meaningful chance to vote, there can copy of the U.S. Constitution that Sen- also, in a broader context, this vote be no equality before the law, no equal ator BYRD gave me a few months ago. today allows us to stand not just with access to justice, no equal opportunity It is something I cherish. the NAACP, not just with civil rights in the workplace or to share in the ben- In February of 1870, the Constitution groups but to stand with America. efits and burdens of citizenship. Brave was amended with the 15th amend- We have made, as I said, significant Americans risked their very lives in ment. It says, in section 1: strides. We have done some great marches and demonstrations to pass The right of citizens of the United States things, provided a lot of opportunity, this historic legislation. to vote shall not be denied or abridged by the opened a lot of doors. And we still have The electoral process in this country United States or by any State on account of a few miles to go. has improved significantly as a result race, color, or previous condition of ser- One thing I have noticed, as former of the Voting Rights Act. This success vitude. attorney general of the State of Arkan- is evident in the increased participa- Section 2 says: sas, is that over the last few years tion in elections by minority voters The Congress shall have power to enforce there has developed a new generation and in the enhanced ability of minority this article by appropriate legislation. of tactics to prevent people from vot- voters to elect candidates of their That was passed in 1870. Just a few ing, and some of these are very subtle. choice. There is no doubt that progress years after the close of the Civil War, Some of these have to do with annex- has been made. the 15th amendment was added to the ations or even redistricting that could But I think that Ted Shaw, the presi- Constitution. But it took this Congress be done for discriminatory purposes or dent of the NAACP Legal Defense and really 95 years before it acted, in a changing the polling place without a Education Fund, put it best when he meaningful way, to implement that lot of notice or making it very difficult testified before the Senate Judiciary second section which allows Congress for some people to get to. The Voting Committee that: to implement this law. Rights Act is important today to make The Voting Rights Act was drafted to rid I am reminded that in the last 50 sure those practices end as well. the country of racial discrimination—not years we have made a lot of progress It is hard for some of us to admit simply to reduce racial discrimination in when it comes to race relations in this today—because we have made so much voting to what some view as a tolerable country. We have opened doors. We progress—that we still need this impor- level. have provided opportunities. We have tant legislation. I think everybody As a member of the Senate Judiciary changed things. It has really been a re- here wishes we did not. We would love Committee and as the ranking member markable change for the better. How- to say we have accomplished the task of the Subcommittee on the Constitu- ever, I think every Senator would ac- and that we have equal voting oppor- tion, you can take it from me that the knowledge today that there are still tunity for every American. We would committee has done due diligence in miles that need to be traveled. I know all love to say that. But in reality, we examining this issue. But you do not that when Lyndon Johnson rallied the know we do not, and we know we must have to take it from me, of course. The Nation to press for the passage of the continue the struggle. extensive record the committee has Civil Rights Act back in 1965, he said: I am also reminded, in closing, what compiled powerfully demonstrates the This time, on this issue, there must be no Woodrow Wilson said about this coun- importance of the reauthorizing legis- delay, no hesitation and no compromise with try. One time he said: lation before us today.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.011 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7977 Even in recent election cycles, Amer- indicate a thank you to the State De- that the principles and ideals of our de- icans continue to be disenfranchised by partment. mocracy and of America are upheld. discriminatory redistricting plans, (The remarks of Ms. STABENOW are Passing this bill is a very important through the denial of voting materials printed in today’s RECORD under step for us. I am pleased this has been they are entitled to under the law, and ‘‘Morning Business.’’) placed on the agenda and that we are through changes to election procedures Ms. STABENOW. Mr. President, I going to come together overwhelm- that disadvantage minority candidates rise in support of the Fannie Lou ingly and pass it today. We need to and voters, among other things. Hamer, Rosa Parks, Coretta Scott make sure we are willing to take the It is also worth noting that just a few King, and Cesar Chavez Voting Rights next steps. We have election reform weeks ago, the Supreme Court recog- Reauthorization Act of 2006. We all legislation introduced in the Senate nized that discriminatory redistricting know that this reauthorizes existing that needs to be passed. For the life of plans are not simply a vestige of the but currently expiring provisions of the me, I cannot imagine why when I go to past—finding a purposeful effort to di- Voting Rights Act for 25 more years. I the ATM machine, I can get a piece of lute the voting power of over 100,000 personally believe that when this was paper, a receipt that tells me about my Latino Americans. It is clear to me instituted in 1965, there should not transaction, and yet there is resistance that we have come a long way from the have been an expiration date and would to us having a paper backup so we bridge in Selma, AL, but we have not prefer that in this bill there not be an know that in fact the integrity of our come far enough. expiration date. But I am appreciative vote and the voting process has been Section 5 of the Voting Rights Act of the fact that we have bipartisan sup- maintained. I hope this will be phase has been instrumental in bringing port to continue this provision, and one in a series of things we do to make about the dramatic improvements in hopefully at some point we will be able it clear that everyone in America has voting rights and representation for to take off the ending date. the right to vote, that we are stronger minorities in covered areas. Keeping it I think about standing in this very because of that. We certainly know we in place, with a reasonable bailout pro- important spot in the Senate. Right are a better country, a stronger coun- vision, is the best way to be sure we do around the corner from us is a room we try because of the law that was passed not lose the progress that has taken call the President’s Room that Presi- in 1965, the Voting Rights Act, and that place. dent Lyndon Johnson used in 1965 to we will be stronger because of this leg- Let me just say in response to some sign the original legislation because of islation’s passage and that we, in fact, comments that were made during the its significance. We all know this is the will be at our strongest and our best Judiciary Committee’s hearings that bedrock of our democracy, the right to when we are fully committed to an ac- all Members of Congress, regardless of vote, the right to vote without harass- curate, full, and open voting process whether they are in a covered or non- ment, intimidation, with correct infor- for every person and every community covered jurisdiction and regardless of mation, knowing your vote in fact will in America. their political affiliation, have an in- be counted. I urge adoption of the bill and thank terest in ensuring the continued effec- I am proud of the fact that one of the the Chair. The PRESIDING OFFICER. The Sen- tiveness of the Voting Rights Act. As folks who this bill is named after is Rosa Parks, who is from Detroit. We ator from Oregon. Federal legislators, we have a responsi- Mr. SMITH. Mr. President, I rise to claim her as our own and are so proud bility to address and eliminate dis- enthusiastically support the reauthor- of all she has done, along with the oth- crimination wherever it is found. The ization of the Voting Rights Act. I will ers this bill has been named after. But integrity of our elections and of our speak to that issue, but with the per- we are very proud that the mother of very democracy depends on it. mission of the leadership, following the civil rights movement is from our Let’s not falter now. Let’s not stop or these remarks, I ask unanimous con- turn back the clock but, rather, build own beloved Detroit. sent that Senator WYDEN and I be Before 1965 and the bill’s passage, we on the extraordinary success of this given a half an hour to speak as in had communities with explicit poll legislation and reaffirm the promise morning business. that all citizens, no matter what the taxes and literacy tests to prevent peo- The PRESIDING OFFICER. Without color of their skin, can participate ple of color from voting. We have in objection, it is so ordered. fully and equally in the electoral proc- fact made great progress on civil rights Mr. SMITH. Mr. President, above the ess. We must reauthorize the expiring since the original law. But as many of dais, our Nation’s motto, e pluribus provisions of the act. We must ensure my colleagues have said, there is much unum, is chiseled in the marble. That that section 5 can continue to serve as more to be done. Now, unfortunately, is more than a motto; it is one of a powerful deterrent to violations in we have more subtle and sometimes America’s greatest ideals. But it is an areas of the country with a history of not so subtle forms of voter intimida- ideal that we are constantly in an ef- systemic discrimination at the polls. tion and suppression. Voters too many fort to realize as fully as is humanly We must also reauthorize section 203, times are being told of the wrong poll- possible. Our Nation has made great which has empowered many voters ing place or flyers and phone calls tell progress on becoming one, and becom- with limited English proficiency to people that the election was moved. I ing one begins at the ballot box. Our participate in our democratic process. know in my State we have struggled Nation began at a time when even the It is also important that the Senate re- with misinformation going out around institution of human slavery was toler- store the original understanding of the elections. Why is it that it is predomi- ated—tragically for nearly 70 years— act with respect to the opportunity-to- nantly in our cities where the lines are leading then to a horrendous Civil War elect standard and to election proce- the longest, the voting machines are that claimed the lives of nearly a mil- dures with discriminatory intent. the oldest, and, in fact, there are fewer lion Americans trying to fully realize There is much more work to do in machines? We need to know we are not what that motto means. The institu- terms of eradicating discrimination done with what this bill represents tion of slavery was ended—thank- from our elections process, and reau- until those things are fixed, until every fully—too late but ended nevertheless. thorizing and strengthening the Voting voting machine works, until there is In the bitter years that followed, the Rights Act is, of course, a step in the enough to make sure everyone can years of Reconstruction and all the right direction. I will vote in favor of vote, until there is a paper backup so heartache that flowed from the Civil H.R. 9, and I urge my colleagues to do we know the votes are being recorded War, there was a period of time in part the same. accurately, and until every person or of our country where African Ameri- Mr. President, I yield the floor. group that attempts to harass anybody cans were denied access to the ballot The PRESIDING OFFICER. The Sen- in terms of exercising their American box and were disenfranchised by that. ator from Michigan. right to vote has been stopped. But it isn’t just one region of the coun- Ms. STABENOW. Thank you, Mr. These practices are a reminder that try where we have to constantly be President. Before speaking about this our laws are only as good as the people vigilant about race relations; it is a very important piece of legislation we who enforce them. That is the commit- challenge all over America. The chal- are about to pass, I wish to briefly just ment we have behind it, to make sure lenge begins in every heart and in

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Johnson, the constitutional promise was critical to ending over 90 years of One traditional and important stand- was fully realized, and now we have an voting discrimination against African ard for identifying unconstitutional ra- opportunity to extend it. Americans in the South. Prior to this cial discrimination is to ask whether The Voting Rights Act is already a law, many States enforced discrimina- the challenged court action departs statute, but certain of its provisions tory policies that were designed to and from normal rules of decision. In the will expire if we do not do this. We that did prevent African Americans case of redistricting, courts and the have the privilege to do so today. from voting. Since that law was en- Justice Department would ask: Was The 15th amendment of the Constitu- acted, many of the same States where the decision not to create a Black ma- tion says: The right of citizens of the African Americans first voted in far jority district a departure from ordi- United States to vote shall not be de- lower numbers than Whites now have nary districting rules? If a State has a nied or abridged by the United States higher percentage of African Ameri- large minority population con- or by any State on account of race, cans voting than other races. centrated in a particular area, ordi- color, or previous condition of ser- The Voting Rights Act is a historic narily rules of districting—following vitude. The 19th amendment was achievement that has corrected one of political and geographic borders and adopted later in 1920, which extended the glaring injustices of our Nation’s keeping districts as compact as pos- that right to women. But as I said, not past. It has been an important step in sible—would recommend that these until the Voting Rights Act were all our Nation’s continuing progress to- voters be given a majority-minority the subtle and insidious barriers ward our founding ideal that all men district. If the redistricters went out of dropped around the country that pre- are created equal. their way to avoid creating such a ma- vented African Americans from exer- Mr. President, I wish to address some jority minority—one that would be cre- cising their franchise. questions that have been raised about ated under ordinary rules—that is un- Lyndon Johnson said, when he signed this reauthorization and ask my col- constitutional racial discrimination, this act, that he did so so the full bless- leagues if they concur in my interpre- and it is banned by this bill. But this ings of American life can be fully real- tation. bill does not require the creation of a ized. For the full blessing of American The bill amends section 5 by legisla- majority-minority district that would life begins at the ballot box. Trag- tively abrogating two Supreme Court not be created under default districting ically, not all Americans exercise their cases interpreting the act: Reno v. Bos- rules. Nor does the bill require the cre- right to vote, but those who want to sier Parish and Georgia v. Ashcroft. ation of coalition or influence dis- should be able to have access, that These changes are related to one an- tricts. It bars discrimination against their vote be cast and counted and that other. They are designed to operate to- racial minorities, not against electoral it be done so without intimidation or gether to achieve a common objective: advantages sought by either Repub- without fear. the protection of naturally occurring licans or Democrats. Moreover, no I rise to fully support this. My moth- legislative districts with a majority of group is entitled to always be included er used to always say, treat others as minority voters. in a district where the candidate of its they would want to be treated. That is The two changes to section 5 accom- party will prevail. another way of saying, treat others the plish this goal by enhancing and re- This section’s abrogation of Bossier way you would want to be treated. I focusing the operation of section 5. Parish does not permit a finding of dis- have heard from many of our African- These changes simultaneously bar criminatory purpose that is based, in American citizens who have urged my redistricters from denying a large, whole or in part, on a failure to adopt vote for this. I proudly and with pleas- compact group of minority voters a the optimal or maximum number of ure do so today. I suspect we will vote majority-minority district that it compact minority opportunity dis- on this later. would receive in the absence of dis- tricts or on a determination that the I believe the law is a teacher. The crimination, and also to bar plan seeks partisan advantage or pro- Voting Rights Act has taught Ameri- redistricters from breaking up a com- tects incumbents. With the language of cans all over the continent that this is pact majority-minority district that this bill, we are importing the con- a central right and, therefore, I believe has been created in the past. stitutional test in section 5, and noth- we are doing the right thing in reau- Some have raised the specter that ing else. With this understanding, I thorizing these provisions that other- Federal bureaucrats will abuse the au- support this improvement to section 5 wise will expire. thority we are giving them under this of the Voting Rights Act. (The remarks of Mr. SMITH and Mr. provision, that they will characterize The PRESIDING OFFICER. The Sen- WYDEN pertaining to the introduction all manner of practices as having a ator from Texas. of S. 3701 are located in today’s RECORD ‘‘discriminatory purpose.’’ In par- Mr. CORNYN. Mr. President, I add under ‘‘Statements on Introduced Bills ticular, there has been some suggestion that I share the views of my colleague and Joint Resolutions.’’) that the new language will be abused from Arizona. Like he, I represent a Mr. WYDEN. Mr. President, I also by the Justice Department to require State that is covered by section 5 of congratulate our colleagues who have creation of the maximum number of the Voting Rights Act which is one of worked tirelessly to ensure the author- Black majority districts possible or the the sections that is being reauthorized ization of the exceptionally important maximum number of so-called coali- today, hopefully. I thus paid close at- Voting Rights ct. This law plays a crit- tion or influence districts, in which mi- tention to the changes being made in ical role in ensuring that the right of nority voters are combined with that section. all Americans to vote is protected. I in- enough White voters of similar par- Like my colleague from Arizona, I tend to speak more extensively later tisan leanings to elect a candidate. supported the provision that effec- on about the Voting Rights Act. I don’t think this is what the bill tively instructs the Justice Depart- Mr. WYDEN. Mr. President, I yield does, or that it can be reasonably read ment to refuse to preclear a voting the floor. to do this. To say something has a dis- practice that is motivated by a dis- The PRESIDING OFFICER. The Sen- criminatory purpose is a term of art. It criminatory, unconstitutional purpose. ator from Arizona. is the language of the jurisprudence of I also agree this is all this change does. Mr. KYL. Mr. President, I rise today the 14th amendment, of cases such as It does not authorize the Justice De- with my colleagues Senators CORNYN Washington v. Davis, which define partment to define for itself what is a and HATCH from the Judiciary Com- when particular action constitutes ra- ‘‘discriminatory purpose.’’ The Con- mittee—Senator HATCH having chaired cial discrimination and violates the stitution and the courts have already the committee for several years—and Constitution. done that, and it is that constitutional

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Thus, it does not require point the distinguished assistant ma- tect the ability of such citizens to elect those drawing electoral maps to create jority leader made is very important, their preferred candidates of choice.’’ misshapen districts simply in order to and I am glad there is agreement on It is important to emphasize this lan- create as many majority-minority dis- this important matter. guage does not protect just any district tricts as possible. Nor does it require I also wish to discuss one other of the with a representative who gets elected that minority voters be placed as often bill’s changes to section 5. That is the with some minority votes. Rather, it as possible in districts where can- provision abrogating the Supreme protects only a district in which ‘‘such didates of the party they support will Court’s decision in Georgia v. Ashcroft. citizens’’—minority citizens—are the prevail. That Supreme Court case held that, ones selecting their ‘‘preferred can- The equal protection clause of the when conducting a retrogression anal- didate of choice’’ with their own voting U.S. Constitution does not say all citi- ysis of section 5 under the act, a court power. I emphasize the words ‘‘such zens are equal, but that some are more or the Justice Department should citizens’’ and ‘‘preferred’’ because they equal than others. Nor should the Vot- gauge whether a new electoral map has are key to this part of the bill and keep ing Rights Act say that. The Voting diminished a minority group’s opportu- it consistent with the language abro- Rights Act should not be read to re- nities to participate in the political gating Bossier Parish. Both parts have quire creation of so-called coalition process by looking, in part, to whether a limited but important purpose: pro- districts that produce a Democratic or the new plan creates coalition dis- tecting naturally occurring majority- a Republican representative, as the tricts, or influences districts—that is minority districts. case may be. I think that would raise the term they use—whether it protects The new subsection guarantees that serious constitutional questions if we positions in legislative leadership for districters will not discriminate adopted a free-flowing definition of minority representatives, and whether against creating such districts. And purpose—or authorized the U.S. De- minority representatives support the this new subsection (d) ensures they partment of Justice to invent one— new plan. will not break up such districts, at Many people objected to this aspect that is untethered from the Constitu- least not when neutral districting prin- of the Ashcroft decision because of its tion itself. I think this is sufficiently ciples continue to commend the cre- perceived potential to put a partisan clear from the bill’s incorporation of ation of such a district. thumb on the scale, so to speak, in the constitutional terms of art that I am I note in passing that forcing the redistricting process. Their concern confident this is how the provision will preservation of a noncompact major- was if the fact that a coalition or influ- be applied by the Justice Department ity-minority district likely would run ence district elects a candidate that and by the courts. afoul of the Supreme Court’s ruling minority voters largely voted for, then The PRESIDING OFFICER. The Sen- against racial gerrymanders in Shaw v. even if that candidate was not the mi- ator from Kentucky. nority group’s preferred candidate of Reno. And, like subsection (c), all that Mr. MCCONNELL. Mr. President, I subsection (d) does is protect naturally would simply add there is a general choice, any plan that does not preserve that district would be considered retro- occurring majority-minority districts. agreement among Senators on this By limiting non-retrogression require- point. If someone is saying the bill au- gressive under the Voting Rights Act. Similarly, there was concern that ments to districts in which ‘‘such mi- thorizes the Justice Department to under Ashcroft, if a new voting map nority citizens’’ are able with their block a voting change because of a per- were to give advantage to legislative own vote power to elect ‘‘preferred can- ceived discriminatory purpose that races to one party, and minority rep- didates of choice’’—not just a can- does not violate the Constitution, I resentatives—including committee didate of choice settled for when forced have not heard them say it. Therefore, chairmen and legislative leaders—over- to compromise with other groups—the the bill should not be construed to re- whelmingly were members of the oppo- bill limits section 5 to protecting those quire the creation of any district other site party, then that plan, too, would naturally occurring, compact major- than the majority-minority district be deemed retrogressive for that rea- ity-minority districts with which sec- that would be created if race were not son. tion 5 was originally concerned. considered—that would be created if in- Personally, I do not think the The PRESIDING OFFICER. The Sen- stead only traditional districting prin- Ashcroft decision should be read that ator from Arizona is recognized. ciples were applied. Certainly a con- way. I think it is clear the court in- Mr. KYL. Mr. President, let me just stitutionally grounded approach does tended to give States the option of say one final thing. I very much agree not—does not—require the creation of using influence or coalition districts, with Senator HATCH that the bill limits the maximum number of majority-mi- but it did not intend to require the use section 5, protecting those naturally nority or Democratic or, for that mat- of such districts, or to prevent them occurring, compact majority-minority ter, Republican-leaning districts. from later changing such districts. districts with which section 5 was If those doing the redistricting refuse The PRESIDING OFFICER. The Sen- originally concerned, and that nothing to create a naturally occurring major- ator from Utah. in this section of the act should be in- ity-minority district, they are dis- Mr. HATCH. Mr. President, as one of terpreted to require that the competi- criminating by race. But if they simply the strong supporters of the Voting tive position of the political party fa- refuse to create a district where dif- Rights Act, having supported it before vored by minority voters be main- ferent races combine to elect a can- in my Senate service, I have been very tained or enhanced in any district. didate of their preferred party, the dis- interested and, frankly, pleased with This change made by the bill is not in- crimination is not against the races—it the comments that have been made. tended to preserve or ensure the is hard to see how anyone could dis- Let me add to what Senator KYL said. electability of candidates of any polit- criminate against both races by the Moreover, even if we are wrong about ical party, even if that party’s can- same act—but rather it is against that how George v. Ashcroft would have didates are supported by members of party. And as unhappy as that party been interpreted and applied in the fu- minority groups. might be about being denied such a dis- ture, in any event, today’s bill clearly The PRESIDING OFFICER. The Sen- trict, the denial does not violate the ends any risk that section 5 of the Vot- ator from Kentucky is recognized. Constitution. Obviously, giving the ing Rights Act will be applied as a one- Mr. MCCONNELL. Mr. President, I Justice Department discretion to rede- way ratchet favoring Democrats or Re- agree very much, and I am glad that we fine what ‘‘discriminatory purpose’’ publicans at the expense of one or the can put this issue to bed. means would be controversial. This is other. By anchoring section 5 in the concept consensus legislation precisely because As the House committee report of ‘‘preferred candidates of choice’’— it avoids such litigation traps. It en- makes clear, the bill ‘‘rejects’’ the Su- another term of art whose meaning is

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The term ‘‘preferred can- registration rate for Black citizens in Let me repeat that, Mr. President, didates of choice’’ has a clear meaning these States—29.3 percent. because I think it is important. Ear- in the court’s precedents: Minority Worse yet, violence and brutality lier, you heard me say that as a result candidates elected by a minority com- were common. In 1961, a Black voter of the violence and the discrimination munity. registration drive worker in McComb, against Black voters in three Southern I think the use of this language MS was beaten by a cousin of the sher- States before the Voting Rights Act eliminates the risk that courts will iff; a worker was ordered out of the was passed, voter registration rates for construe section 5 to protect can- registrar’s office at gunpoint and then African Americans was about 29 per- didates who rely on minority votes for hit with a pistol; a Black sympathizer cent. But today, 40 years later, as a re- their margin of victory in the general was murdered by a State representa- sult of the fact that the Voting Rights election but are not elected by a major- tive; another Black who asked for Jus- Act has accomplished its purpose, we ity-minority district. And I agree that tice Department protection to testify now see voting registration rates na- it may be good policy for a State to at the inquest was beaten and killed 3 tionwide at 62.2 percent. Perhaps the create districts in which different years later; a White activist’s eye was most amazing thing is that the rate of groups will combine to elect a common gouged out; and, finally, 12 student voter registration in those areas that party candidate, but Federal law nonviolent coordinating committee were covered by section 5, because they should not be used to require that the workers and local supporters were had a history of discrimination and State permanently preserve such a dis- fined and sentenced to substantial violation of the voting rights of minor- trict. terms in jail. And those were just some ity voters, is actually higher than the The PRESIDING OFFICER (Mr. of the many terrible incidents that oc- rest of the country—68.1 percent—as VITTER). The Senator from Texas is curred. opposed to 62.2 percent for the non- recognized. This type of bigotry and hatred at covered jurisdictions. Mr. CORNYN. Mr. President, I would the polls, coupled with escalating vio- A review of the voter registration simply add to the comments of the as- lence and even the murder of activists, data since the act’s original passage sistant majority leader that I, too, am is the backdrop against which the Vot- shows that the covered jurisdictions glad that we have eliminated any risk ing Rights Act was adopted—perma- have demonstrated equal or higher in Georgia v. Ashcroft, and section 5 nently enshrining into law the long- voter registration rates among Black would be applied to require preserva- unfulfilled promise of citizenship and voters as noncovered jurisdictions tion of anything other than districts democratic participation for all Ameri- since the mid-1970s. that allow naturally occurring minor- cans as guaranteed by the 15th amend- I realize, though, this is not the only ity-group majorities to elect minority ment to the U.S. Constitution. measure of the performance of the act. candidates. Locking into place so- The permanence of the Voting Rights Another important indicator of its suc- called coalition or influence districts Act is something that I am afraid is cess is the continual decline—almost to would wreak havoc with the redis- sometimes misunderstood or misstated the point of statistically negligible tricting process and would stretch the in the popular press. The act’s core numbers—of objections issued by the Voting Rights Act beyond the scope of provision found that section 2 prohibits Department of Justice to plans sub- the Congress’s authority under the 14th the denial or abridgement of the right mitted under section 5 for pre clear- amendment. of any citizen to vote on account of ance. You can see on this chart that I Mr. CORNYN. Mr. President, I have race or color. have demonstrated here, going back to some additional remarks that I would That provision is permanent. That 1982, to 2005—and again, this is for the like to make on this important legisla- provision will never expire, and we are nine covered jurisdictions—this is what tion. not addressing this permanent provi- we are focusing on with this reauthor- Forty-one years ago, when signing sion by the reauthorization that we ization. In those nine covered jurisdic- the landmark Voting Rights Act of 1965 will vote on today. tions that were required under section into law, Lyndon Johnson, the Presi- Instead, we are addressing what at 5 to submit their election changes for dent of the United States, a former the time was a temporary, 5-year pe- preclearance, you see that in 1982, for member of the Senate whose seat I am riod where provisions were adopted to 2,848 submissions, there were 67 objec- privileged to hold, described the act’s subject certain jurisdictions to Federal tions to those changes or a rate of passage as ‘‘a triumph for freedom as oversight of the voting laws and proce- roughly 2.32 percent. But if you jump huge as any victory that has ever been dures until the intent of the Voting down to 2005—let’s go to 1995—it shows won on any battlefield.’’ President Rights Act was accomplished. This pro- that this is really a bipartisan success Johnson’s words captured the impor- vision, section 5, along with later- under both Republican and Democrat tance of the act’s passage. It was a added provisions designed to protect Presidential administrations. In 1995, hard-fought victory at a tense time in voters from discrimination based upon you can see that out of 3,999 submis- American history. limited English proficiency, has been sions, requests for pre clearance under It is no secret why the Voting Rights renewed several times since it was section 5, there were only 19 objections Act was necessary. It was adopted at originally passed and will expire in the as required through the required proce- the height of the civil rights move- summer of 2007. Those are the provi- dures. ment, when numerous jurisdictions sions which we are addressing here So you see actually the number of throughout the United States had in- today and which this vote today will objections dropping from 2.32 percent tentionally, systematically reauthorize. to, in 1995, under one-half of 1 percent. disenfranchised Blacks and other mi- Today, we are considering the re- And the good news is, it just keeps get- norities from the electoral process. newal of these provisions at a time ting better. In 2005, there were 3,811 As a witness before the Senate Judi- when we can look back with some pride submissions, and only 1 objection for ciary Committee noted, a Senate re- as a country and say that the Voting preclearance of a change in voting port from 1965 found that in every vot- Rights Act has fulfilled its promise. It practices or procedures in the covered ing discrimination suit brought against worked. jurisdictions. So I would submit that Alabama, Louisiana, and Mississippi, Today, we live in a different—albeit both the voter registration rates for both the district court and the Court of still imperfect—world. Today, no one African American voters in the covered Appeals found ‘‘discriminatory use of can claim that the kind of systemic, jurisdictions, and the plummeting, tests and devices’’—devices such as lit- invidious practices that plagued our really, of objections sustained to sub- eracy, knowledge, and moral character election systems 40 years ago still exist missions requesting preclearance under

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The amendment that was was a bit of a foregone conclusion, pro- Rights Act has achieved—largely voted on in the House, for example, hibiting the kind of debate and discus- achieved—the purposes that Congress would have updated the coverage trig- sion and perhaps amendment process had hoped for and that no doubt mil- ger to the most recent three Presi- that might have been helpful to protect lions of people who had previously been dential elections from the current the act against future legal challenges. disenfranchised had prayed for. point, or trigger, of 1964, 1968, and 1972 Few issues are as fundamental to our The evidence demonstrates the con- elections. system of democracy and the promise tinued improvement of access to office As I understand it, the map, after an of equal justice under law as the Vot- for minorities. The statistics in the update to cover the most recent three ing Rights Act. I support reauthoriza- House record indicate that hundreds of Presidential elections, would look tion of the expiring provisions because minorities are now serving—not just something like this. In other words, the purpose of the Voting Rights Act is getting to vote, they are actually serv- rather than the nine covered jurisdic- genuine, its goals are noble, and its ing in elected office, accomplishing tions, you would see jurisdictions success, as I hope to have dem- again one of the important purposes of around the country, both at the State onstrated, is unparalleled. the Voting Rights Act. Indeed, in Geor- and local level—primarily at the local But I do want to say in conclusion gia, minorities are elected at rates pro- level—that would focus on the places that I share the concerns expressed by portionate to or higher than the num- where the problems really do exist and Chief Justice Roberts in the most re- bers proportionate to the general popu- where the record demonstrates with cent redistricting case that has been lation would otherwise indicate. While some justification for the assertion of heard by the U.S. Supreme Court. I Georgia’s population is 28.7 percent Af- Federal power and intrusion into the hope the day will come when we will no rican American, 30.7 percent of its dele- local and State electoral processes. longer, to use his words, be ‘‘divvying gation to the United States House of If this is an accurate reflection of the us up by race.’’ Representatives, and 26.5 percent of the effects of updating the trigger to the It is my sincere hope that we will officials elected statewide are African most recent three Presidential elec- move beyond distinctions based on race American, a remarkable accomplish- tions, it certainly changes the map. in our policymaking, lest we, in the ment. But I suggest, just looking at this, it words of Justice Anthony Kennedy, Black candidates in Mississippi have hardly guts it. make ‘‘the offensive and demeaning as- achieved similar success. The State’s It would have also been beneficial for sumption that voters of a particular population is 36.3 percent African us to have had a full discussion of ways race, because of their race, think alike, American, and 29.5 percent of its rep- to improve the act to ensure its impor- share the same political interests, and resentatives in the State House, and 25 tant provisions were applied in a con- will prefer the same candidates at the percent of its delegation in the United gruent and proportional way, some- polls. The question in the end is, Is this bill States House of Representatives are thing the Supreme Court will take into that we will vote on today the very African American. consideration when it considers the re- best possible product? In light of this strong indication that newed act. I would have to say the answer to the act has largely achieved the pur- Yesterday, the Senate Judiciary poses that Congress had intended, of that is, apparently not. Committee voted overwhelmingly to In response to the question, is this course, the logical question before us is extend the expiring provisions of the the very best that we can do at this whether these provisions under section act and adopt several substantial revi- time?’’ I would have to conclude, yes, 5 should be reauthorized. The Judiciary sions included by the House, so I think it is. And I support it for that reason. Committee hearings were enlightening it is important to comment on the I see my distinguished colleague on this point, and I want to congratu- House revisions to the act. In other from New York on the Senate floor. late Chairman SPECTER for readily words, we are not just reauthorizing I yield the floor to her and anyone ceding to requests that were made to the Voting Rights Act as it existed pre- else who seeks an opportunity to have a complete record so that not viously, there have been changes made. speak. only Congress but the courts that may So I think it is important for us to The PRESIDING OFFICER. The Sen- later examine this record can see what identify those changes and reflect on ator from New York is recognized. the facts are. Senator SPECTER worked them for a moment. Mrs. CLINTON. Mr. President, I am hard to hold a sufficient number of fair There has been some debate about also here to voice my support for the and balanced hearings, but given our the meaning of these provisions. My Fannie Lou Hamer, Rosa Parks, and busy schedule on the Senate floor, that understanding is that the purpose of Coretta Scott King Voting Rights Act was not always easy to accomplish. these provisions is fairly straight- Reauthorization and Amendments Act However, I think it might have been forward, and I think the House legisla- of 2006. It is so fitting that this legisla- beneficial for the long-term viability tive history reflects this; that is, the tion reauthorizing this landmark Civil and success of the Voting Rights Act purpose is to ensure minorities are not Rights Act would be named for three had we engaged in serious, reasoned de- prevented from holding elected offices women who are so well known as hero- liberation over some of the suggested in bodies such as Congress and ensure ines of the struggle for civil rights in possible improvements, some suggested that no intentional, unconstitutional our own country. by our witnesses—improvements that discrimination is allowed to proceed. It Thousands of Americans risked their would underscore the act’s original is important that our understanding lives, and some unfortunately lost purpose. It would modernize it to re- about these provisions be clear so that them, during the civil rights movement flect today’s reality. It would possibly their application will be likewise clear. to challenge an electoral system that expand the coverage of section 5 to ju- I think the colloquy that we had on prevented millions of our fellow citi- risdictions where recent abuses have the Senate floor just a few moments zens from exercising their constitu- taken place or, perhaps, have improved ago helps to make that as clear as we tional right to vote. the so-called bailout procedures for possibly can. After a long struggle by activists and those jurisdictions that had a success- In short, the Voting Rights Act is everyday citizens, President Johnson ful record of remedying, indeed elimi- simply the most important and most introduced and eventually signed the nating, discrimination when it comes effective civil rights legislation ever Voting Rights Act of 1965 into law. to voting rights. passed, bar none. The extension of the I vividly remember the day, 41 years One idea that was offered was to up- expiring provisions is important for the ago, when I sat in front of our little date the coverage formula. I don’t continued protection of voting rights, black and white television set and know if that is a good idea, but I would even though it would have been pref- watched President Johnson announce like to know. Some suggest that such erable and even possibly constitu- the signing into law of the Voting an update would gut the act. I, for one, tionally advisable for us to review the Rights Act. He opened his speech to the certainly don’t want to see that hap- application of the act’s preclearance Nation that night with these memo- pen. I don’t want to see the act gutted. and other provisions. rable words:

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.035 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7982 CONGRESSIONAL RECORD — SENATE July 20, 2006 I speak tonight for the dignity of man and rights of citizenship if this assistance That has resulted in a failure to en- the destiny of democracy. were not available to help them under- force the Voting Rights Act. There are That was the culmination of a long stand what is on a ballot. lots of examples. Look at the news cov- struggle which continues even now be- Sometimes, even though I speak erage this past December: Six career cause we still must work vigilantly to English, I think I need help under- lawyers and two analysts in the De- make certain that those who try to standing what is on some of our ballots partment of Justice’s civil rights divi- vote are allowed to do so, and that we when we have all kinds of bond issues sion, it was reported, were basically keep watch to guarantee that every and other kinds of activity. Imagine if overruled when they made rec- vote is counted. you are, as are some of the people I ommendations about the Texas redis- President Johnson was right all have met, a legal immigrant from tricting plan. The civil rights division those years ago. When you deny a per- Latin America who is so proud to be a officials were overruled when they rec- son his or her right to vote, you strip citizen and so worried she will make a ommended against Georgia’s voter that individual of dignity and you mistake when she first goes to vote, or photo ID requirement which disadvan- weaken our democracy. The endurance an elderly gentleman who came to this taged African Americans, the elderly, of our democracy requires constant country fleeing oppression in the and other voters. Finally, that law was vigilance, a lesson that has been rein- former Soviet Union, who speaks only enjoined by a Federal court. forced by the last two Presidential Russian but has become a citizen, is These are isolated incidents in some elections, both of which were affected learning English and wants to be able people’s minds, but I see, unfortu- by widespread allegations of voter dis- to understand what he is voting for. At nately, a pattern. We need to make enfranchisement. a time when we are embroiled in a de- sure our laws have teeth; otherwise, I believe we have a moral as well as bate about how best to assimilate im- they are just for show, they do not a political and historical obligation to migrants and to send out the message make any difference at all. Unfortu- ensure the integrity of our voting proc- that we want people in our country to nately, almost two-thirds of the law- ess. That was our Nation’s obligation learn English, to participate as citi- yers in the voting section of the civil in 1965; it remains our obligation zens, we don’t want to set up any arti- rights division have left in the last few today. ficial barriers to them feeling totally years. That sends a very disconcerting As we turn on our news and see the involved in and supportive of and wel- message that maybe the Voting Rights sights of conflict, as we hear the sto- comed by our great democracy. Act will be honored by word but not by ries of sectarian violence, as we strug- These expiring sections of the Voting deed. gle to help nations understand and Rights Act, sections 5, 203, 6 through 9, I hope when we reauthorize it, as I adopt democracy in their own lands, we have all been reauthorized—first in the am confident we will do in the Senate, more than ever must ensure that House, then in the Judiciary Com- we will send a message that we expect America is the place where the right to mittee yesterday here in the Senate. I it to be enforced and that it means vote is fully and equally available to am very pleased that has happened be- something; otherwise, we are not going every citizen. cause I think we still need them. to be fulfilling the promise of a Con- We still have work to do, to renew Of course, we have made so much stitution that sets voting and democ- protections for the right to vote, to en- progress. I am very proud of the racy at its core. I hope we will not only force safeguards that guarantee the progress our Nation has made, when reauthorize the Voting Rights Act, right to vote, and strengthen our elec- you go back and look over more than that we will enforce the Voting Rights tion laws so that our right to vote is 200 years of history, what we have ac- Act and, third, we will change some of not impeded by accident or abuse. complished—it is just a miraculous, our other laws to protect against some While parts of the Voting Rights Act wonderful happening that could only of the abuses now taking place around are permanent, there are three impor- occur in this great country of ours the country when it comes to voting. tant sections set to expire next year where we have steadily and surely We have to strengthen our electoral unless they are renewed. knocked down the barriers to partici- system so that basic democratic values Section 5 of the Voting Rights Act pation. are protected as voting technology requires that the Federal Government But are we perfect? Of course not. evolves and as it threatens to under- or a Federal court approve or, in the There is no such thing as perfection on mine the right to vote. We need to put language of the act, ‘‘preclear’’ all this Earth. We have survived as a na- a few simple principles into law and we changes to voting procedures by juris- tion and as the oldest democracy in should do it sooner rather than later so dictions that have a history of dis- part because we have had checks and that we count every vote and we make crimination. The importance of this balances and we have been under the sure every vote is counted. provision cannot be overstated. Section rule of law, not of men. So this reau- That is why I drafted and introduced, 5 is the bulwark. It stands to ensure thorization is critical to making sure along with some of my colleagues in that all minorities have equal access to we still have the framework to make it both Houses, the Count Every Vote the ballot box. Not only has Section 5 possible for every person to believe Act, because I believe all Americans been used to strike down potentially that he or she can vote, and that vote ought to have a reasonable opportunity discriminatory changes to election will matter. Of course, the Voting to register and cast their vote if they laws, but it has also deterred them. Rights Act only works if it is actually are citizens. That should be part of Equally important is the reauthor- enforced. We can have all the laws in being a citizen. ization of sections 6 through 9, which the world. We have seen in so many au- In fact, I met with a group of young authorize the Federal Government to thoritarian regimes, totalitarian re- high school students from New York. send examiners and observers to juris- gimes, where they have great sounding We were talking about how we can get dictions with a history of voter dis- laws. The laws sound as though they more young people involved in voting. crimination and voter intimidation, are next to paradise, but it does not One of them asked, when we turn 18, and to ensure that by the presence of matter because no one enforces the why aren’t we automatically reg- the Federal Government—which rep- laws. istered? That is a great idea. Citizens resents all of us—no one will engage in Unfortunately, I am worried we may should be automatically registered. We such despicable behavior. be at that point in our own country need to make this part of the growing Finally, section 203 of the Voting when it comes to voting rights. The up in America. You turn 18, you get Rights Act requires bilingual assist- civil rights division at the Department registered to vote, beginning a lifetime ance for areas with a concentration of of Justice has been purged by many of habit of voting. citizens with limited English pro- the people, career lawyers who en- We also need to make sure every ficiency, including bilingual ballots, if forced the law regardless of whether it American citizen will be able to count necessary. Voters with limited English was against Democrats or Republicans on the fact that their name will not be proficiency would in many instances be or in any part of the country. Now it is illegally purged from the voter roles. unable to participate in our political filled with political appointees who We have seen that happen. It is still process and to fully exercise their often choose ideology over evidence. happening. What happens is, someone

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.037 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7983 in the political position of a State presentations. We need to strengthen pared to 48 percent. The number of says, we will purge the voter roles to those voting rights protections. We Black elected officials in Georgia has get rid of people who have moved or need to do that because that is what we climbed steadily, from 30 in 1970 to 249 who may not be eligible to vote. I don’t are as Americans. That is what we ex- in 1980, a 730-percent increase, to 582 in disagree with that. People who don’t pect of ourselves. 2000. live in a jurisdiction or are not eligible I hope after we reauthorize the Vot- Let me talk about my home county should not be permitted to vote. ing Rights Act, which I am confident which is in rural Georgia, the very Instead of purging on that very lim- we are going to do, then we turn our southern part of our State. Our com- ited basis, oftentimes they purge hun- attention to making sure we enforce it, munity is a beneficiary of this Voting dreds and thousands of people unfairly, that we are doing everything we can to Rights Act. Over the years, several unlawfully. Someone shows up to vote encourage people to vote, make it easy members of our Black community have and they are told, we are sorry, you are for them to vote, and make sure that been elected to city council, county not registered to vote. The person does every vote counts. commission, and school board posts. not know what has happened, but they Our ideals are important to us as Men and women such as Wesley Ball, are prohibited from voting. Americans. Our principles about who Frank Wilson, Lamont Alderman, Every American voter who shows up we are, what we believe in, our core Justina Lewis, George Walker, Trudy at the polls should be confident they do values as to what it means to be an Hill, Betty Hagin, Luke Strong, Jr., not have to wait hours to cast ballots. American. I hope and trust when it the Rev. Ronald Wilson, Debra Boyd, I did a town hall meeting in Cleveland comes to the most important function and Stine George. All of these out- with my friend Congresswoman STEPH- in a democracy—namely, running elec- standing men and women have been ANIE TUBBS JONES. We heard testimony tions and giving people the right to very professional public servants in from some students from Kenyon Col- make decisions about who governs us— representing our school board, our city, lege who had to wait for 10 and 12 hours that we will be second to none. We can- as well as our county. to be able to vote. They were eligible, not say that now because other coun- I am very proud to live in a city and they were registered, they were anx- tries, frankly, are doing a better job county that has had individuals such as ious to vote, and because of the way than we are, but today is a good first these as its representatives. the number of voting machines was al- step to get us back on the track of Currently, there are nine statewide located and the discouragement that making sure that the world’s oldest de- Black elected officials in Georgia, most was meant to be sent that you would mocracy demonstrates clearly we know of whom, interestingly enough, de- have to wait so long, it was an unfair how to run elections that people have feated White opponents, including the treatment of these young people and confidence and trust in and that we current attorney general, three State not in keeping with our desire to in- want every single citizen to feel wel- supreme court justices, including the crease the number of people who vote come to participate and to make the chief justice, and the State labor com- in our country. decisions that will determine the fu- missioner. We also need to make sure the sys- ture of our country. Today, 4 of Georgia’s 13 Members of tem of voting has not been com- I yield the floor. the U.S. House are Black, two of whom promised by politics or partisanship. It The PRESIDING OFFICER. The Sen- represent majority White districts. is flat wrong for someone who runs an ator from Georgia is recognized. One of the continuing concerns about election to also be running in the elec- Mr. CHAMBLISS. Mr. President, I the bill as currently written is it man- tion and thereby be supervising their rise in support of a bill to extend the dates that Georgia continues to be a own election, or for someone to be run- expiring provisions of the 1965 Voting ‘‘covered jurisdiction.’’ That designa- ning for election to some position, get Rights Act. While I support this bill, I tion requires any election law change, the support of the person running the continue to have some serious concerns no matter how minor, to be precleared election as his campaign manager or with several aspects of it, not the least by a Federal bureaucracy. Other States spokesman. That is a conflict of inter- of which is the extension for an ex- with much less impressive minority est. That ought to be prohibited. Peo- traordinary 25 years. progress and less impressive minority ple need to feel, and they have every The act, originally passed in 1965, participation are not covered, while right to feel, confidence in the integ- was unquestionably needed to bring the Georgia is. Many of us share the view rity of our electoral system. promise of the Constitution to many of Finally, every American voter should our citizens who had been shut out of that this seems both unfair and unwise. know there are adequate safeguards our national political process. The Only a short while ago my colleague against abuses or mistakes caused by original act, a remedial measure to from Illinois acknowledged that voting the new computerized voting machines. deal with past discrimination, provided discrimination occurs in noncovered There have been so many problems. that certain provisions would sunset States, yet he and others leave They have broken down, they have after 5 years. I have grave concerns unaddressed the issue of whether the double counted, they have failed to that a 25-year extension may well, by formula adopted in 1964 should be mod- count, tests have been run showing how itself, doom the act in a future con- ernized to reflect the reality of 2006, so easy they are to hack into. We do not stitutional challenge, given the Su- that appropriate discrimination can be need that. We need a system people can preme Court’s jurisprudence con- dealt with wherever it exists. count on. If we can go to an ATM and cerning the need for narrowly tailored Despite these concerns, I will vote in withdraw money, if we can have all the remedial measures to deal with past favor of this bill. It is a symbol of other advantages from access to com- discrimination. progress to so many of our citizens and puters and the Internet, for goodness Members of the House raised legiti- it has made a difference in the lives of sakes, we ought to be able to use elec- mate concerns last week and advanced a generation of Georgians, Black and tronic voting without raising questions positive amendments which I believe White. about whether it is being truthful, would have strengthened this bill and I urge my colleagues to join me in whether it is being accurate, and updated it to reflect the reality of pro- support. whether it is even being operated cor- foundly improved race relations which I yield the remainder of my time. rectly. exist today in my home State of Geor- The PRESIDING OFFICER. The Sen- This effort to reauthorize the Voting gia. ator from Oregon is recognized. Rights Act is part of a larger struggle Let me talk about the positive Mr. WYDEN. Mr. President, I ask about basic rights, basic values, and progress. Today, a higher percentage of unanimous consent to proceed for up to basic opportunities. It is, at root, a Black citizens in Georgia are reg- 20 minutes after the distinguished Sen- struggle to ensure that we live up to istered to vote than are White citizens: ator from Illinois. the promise of democracy in this Na- 66 percent compared to 59 percent. The PRESIDING OFFICER. Is there tion. We do need to reinstate the dec- Today, a higher percentage of Black objection? ades-old voting rights protections. We citizens in Georgia turn out the vote Mr. WYDEN. Mr. President, I modify need to enforce those voting rights than do White citizens: 51 percent com- my request and ask unanimous consent

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Mr. President, re- rights movement, risking life and limb ed in their native languages without serving the right to object. for freedom. On March 7, 1965, he led making errors. It is not an unreason- The PRESIDING OFFICER. The Sen- 600 peaceful protesters, demanding the able assumption. ator from Georgia is recognized. right to vote, across the Edmund A representative of the Southwestern Mr. CHAMBLISS. I will not object, Pettus Bridge in Selma, AL. I have Voter Registration Project is quoted as but I say to the Senator from Oregon, often thought about the people on the saying: if we could have the Senator from Illi- Edmund Pettus Bridge that day, not Citizens who prefer Spanish registration nois proceed, then the Senator from only JOHN LEWIS and Hosea Williams, cards do so because they feel more connected South Carolina, Mr. GRAHAM, proceed, who led the march, but the hundreds of to the process; they also feel they trust the and then the Senator from Oregon. everyday Americans who left their process more when they understand it. Mr. WYDEN. Mr. President, that is homes and their churches to join it— These sentiments—connection to and exactly the kind of scenario I envi- Blacks and Whites, teenagers, children, trust in our democratic process—are sioned, and I appreciate that from the teachers, bankers, shopkeepers; what exactly what we want from our voting Senator from Georgia, and renew my Dr. King called a beloved community rights legislation. unanimous consent request. of God’s children ready to stand for Our challenges, of course, do not end The PRESIDING OFFICER. Is there freedom. at reauthorizing the Voting Rights objection? I wonder sometimes: Where did they Act. We have to prevent the problems Without objection, it is so ordered. find that kind of courage? When you we have seen in recent elections from The Senator from Illinois is recog- are facing row after row of State troop- happening again. We have seen polit- nized. ers on horseback, armed with billy ical operatives purge voters from reg- Mr. OBAMA. Thank you, Mr. Presi- clubs and tear gas—when they are com- istration rolls for no legitimate reason, dent. ing toward you spewing hatred and vio- prevent eligible ex-felons from casting Mr. President, I rise today both hum- lence—how do you simply stop, kneel ballots, distribute polling equipment bled and honored by the opportunity to down, and pray to the Lord for salva- unevenly and deceive voters about the express my support for renewal of the tion? time, location, and rules of elections. expiring provisions of the Voting But the most amazing thing of all is Unfortunately, these efforts have been Rights Act of 1965. I thank the many that after that day, after JOHN LEWIS directed primarily at minority voters, people inside and outside Congress who was beaten within an inch of his life, the disabled, low-income individuals, have worked so hard over the past year after people’s heads were gashed open and other historically disenfranchised to get us here. We owe a great debt of and their eyes were burned, and they groups. The Help America Vote Act, or gratitude to the leadership on both watched their children’s innocence lit- HAVA, was a big step in the right di- sides of the aisle. We owe special erally beaten out of them—after all rection. But we have to do more. We thanks to Chairmen SENSENBRENNER that, they went back and marched need to fully fund HAVA if we are and SPECTER, Ranking Members CON- again. They marched again. They crossed the bridge. They awakened a going to move forward in the next YERS and LEAHY, and Representative nation’s conscience, and not 5 months stage of securing the right to vote for MEL WATT. Without their hard work every citizen. We need to enforce crit- and dedication, and the support of vot- later the Voting Rights Act of 1965 was ical requirements such as statewide ing rights advocates across the coun- signed into law. It was reauthorized in registration databases. We need to try, I doubt this bill would have come 1970, in 1975, and in 1982. Now, in 2006, JOHN LEWIS—the phys- make sure polling equipment is distrib- before us so soon. ical scars of those marches still visi- uted equitably and equipment actually I thank both Chambers and both ble—is an original cosponsor of the works. We need to work on getting sides of the aisle, as well, for getting fourth reauthorization of the Voting more people to the polls on election this done with the same broad support Rights Act. He was joined last week by day. that drove the original act 40 years 389 of his House colleagues in voting We need to make sure that minority ago. At a time when Americans are for its passage. voters are not the subject of some de- frustrated with the partisan bickering There were some in the House, and plorable intimidation tactics when that too often stalls our work, the re- there may be some in the Senate, who they do go to the polls. In 2004, Native freshing display of bipartisanship we argue that the act is no longer needed, American voters in South Dakota were are seeing today reflects our collective that the protections of section 5’s confronted by men posing as law en- belief in the success of the act and re- ‘‘preclearance’’ requirement—a re- forcement. These hired intimidators minds us of how effective we can be quirement that ensures certain States joked about jail time for ballot when we work together. are upholding the right to vote—are missteps and followed voters to their Nobody can deny we have come a targeting the wrong States. Unfortu- cars to record their license plates. long way since 1965. Look at the reg- nately, the evidence refutes that no- In Lake County, OH, some voters re- istration numbers. Only 2 years after tion. ceived a memo on bogus board of elec- the passage of the original act, reg- Of the 1,100 objections issued by the tion letterhead, informing voters who istration numbers for minority voters Department of Justice since 1965, 56 registered through Democratic and in some States doubled. Soon after, not percent occurred since the last reau- NAACP drives that they could not a single State covered by the Voting thorization in 1982. Over half have oc- vote. Rights Act had registered less than curred since 1982. So despite the In Wisconsin, a flier purporting to be half of its minority voting-age popu- progress these States have made in up- from the ‘‘Milwaukee Black Voters lation. holding the right to vote, it is clear League’’ was circulated in predomi- Look at the influence of African- that problems still exist. nantly African-American neighbor- American elected officials at every sin- There are others who have argued we hoods with the following message: gle level of government. There are Af- should not renew section 203’s protec- If you’ve already voted in any election this rican-American Members of Congress. tion of language minorities. These ar- year, you can’t vote in the presidential elec- Since 2001, our Nation’s top diplomat guments have been tied to debates over tion. If you violate any of these laws, you has been African American. In fact, immigration and they tend to muddle a can get ten years in prison and your children most of America’s elected African- noncontroversial issue—protecting the will get taken away from you. American officials come from States right to vote—with one of today’s most Now, think about that. We have a lot covered by section 5 of the Voting contentious debates. more work to do. This occasion is a

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As you look back from The memory of Selma still lives on It has enriched the country. I have 2006 over the history of the Voting in the spirit of the Voting Rights Act. been able to interact with people in Rights Act, there is nothing to fear. Since that day, the Voting Rights Act ways that would have been impossible Allowing Americans to fully partici- has been a critical tool in ensuring if segregation had stood and, as Sen- pate in a democracy has been a wonder- that all Americans not only have the ator OBAMA indicated, his career in the ful thing. Allowing people to go to the right to vote but have the right to have Senate is possible. I would argue that movie they went to go to and go to the their vote counted. most Americans’ lives are better be- restaurant they want to eat at and Those of us concerned about pro- cause in America you can interact in a play on the same sports teams as every tecting those rights cannot afford to meaningful way now. And one of the other person in their neighborhood, re- rest on our laurels upon reauthoriza- interactions is to be able to vote. gardless of race, creed, or color, is a tion of this bill. We need to take ad- But it is just a voice I add. To get wonderful thing. At the time it was a vantage of this rare, united front and here, literally, to get the Voting frightful thing. continue to fight to ensure unimpeded Rights Act passed back in the 1960s, That says nothing about this genera- access to the polls for all Americans. In people died. They shed their blood, tion being good and the last generation other words, we need to take the spirit their sweat. They put their hopes and being evil. It speaks to the weakness of that existed on that bridge, and we dreams for their children on the line. humanity. Within all of us there is a have to spread it across this country. They were willing to die for their in- fear that can be tapped into. We have Two weeks after the first march was sistence that they play a meaningful to guard against that. We have to be on turned back, Dr. King spoke, and he role in American society. And the most constant guard not to let the issues of told a gathering of organizers and ac- meaningful way you can participate is our day play on our fears. tivists and community members that to be able to vote without fear. I argue that one of those issues we they should not despair because the arc Dr. King is a fascinating historical are dealing with today that is playing of the moral universe is long, but it figure now. He was a fascinating man on the fears of the past and the weak- bends toward justice. The arc of the while he lived. I have been in the mili- nesses of humanity is the immigration moral universe is long, but it bends to- tary for quite a while. I have been issue. I hope as we move forward on the ward justice. That is because of the around a lot of brave people—pilots immigration issue, we can understand work that each of us does that it bends who take off and fly in harm’s way. I that obeying the law is an essential toward justice. It is because of people sort of have an affinity for military part of America, and people need to be such as JOHN LEWIS and Fannie Lou history. I always admired the people punished when they break it. But Hamer and Coretta Scott King and who would go up the hill in the face of America’s strength has been absorbing Rosa Parks—all the giants upon whose overwhelming force or stand with their people from all over the world, from shoulders we stand—that we are bene- comrades when it looked as though all different backgrounds, races, and ficiaries of that arc bending toward hope was lost because that was the creeds, and allowing them to share in justice. right thing to do. the American dream. We should do it That is why I stand here today. I They were willing to sacrifice their in an orderly way, not a chaotic way. would not be in the Senate had it not life not only for their country but for To the issue at hand, the Voting been for the efforts and courage of so their fellow service members, the peo- Rights Act will be extended. I believe it many parents and grandparents and or- ple in their unit. How hard that must is for 25 years. Some of the data in the dinary people who were willing to have been. Some people rise to the oc- act is based on 1968, 1972 turnout mod- reach up and bend that arc in the direc- casion and some don’t. Those who rise els. The act does not recognize the tion of justice. I hope we continue to to the occasion are called heroes, right- progress particularly in my region of see that spirit live on not just during ly so. Those who fail to rise to the oc- the country. I think it should have, but this debate but throughout all our casion are called human beings. it didn’t. So we will just move on. work here in the Senate. All human beings, me included, South Carolina has made great Thank you, Mr. President. I yield the should celebrate the heroes. The thing strides forward in terms of African floor. that I admire most about Dr. King and American voting participation and mi- The PRESIDING OFFICER. The Sen- his associates is that it is one thing to nority African American representa- ator from South Carolina is recognized. put your own life at risk. It is another tion at all levels of State government Mr. GRAHAM. Thank you, Mr. Presi- thing to put your family at risk. I and local government. My State is bet- dent. would imagine, never having met Dr. ter for that. I am proud of the progress I wish to take a few moments to add King, that one of his biggest fears was that has been made. To those who my voice to the Senate debate in terms not about his personal safety but about made it happen, those who risked their of why I will vote for the Voting Rights what might happen to his family. To blood, sweat and tears, I owe you a Act reauthorization. me that is the ultimate act of bravery, debt, as everyone of my generation No. 1, I am a member of the Judici- to know that if you do nothing, your does. When I cast my vote today, it ary Committee, and I wish to congratu- family is going to be locked into a sys- will be in your honor and your mem- late our chairman, Senator SPECTER, tem where life is very meaningless. ory. and our ranking member, Senator And to do something so heroic and so I hope 25 years from now it can be LEAHY, for getting the bill out of com- challenging that you put your family said that there will be no need for the mittee. It was an 18-to-0 vote. I have at risk had to be a very hard decision. Voting Rights Act because things have enjoyed that committee in many ways, So as we reauthorize the Voting changed for the better. I can’t read the and one of the highlights of my time on Rights Act, we need to remember, all future or predict what the world will be that committee is getting this piece of of us who vote, that it is not that big like 25 years from now or what Amer- legislation to the floor for a vote. I an- a deal. There is no one in the Senate. ica will be like. But if we keep making ticipate an overwhelming vote for the Hardly anyone is listening. We have the progress we have in the last 25 Voting Rights Acts. some visitors here in the Capitol. It is years, it can happen. There are so many ways to say why, going to pass pretty quickly. Every- It is incumbent upon each Member of and so many approaches to explain the body knows the outcome. In the 1960s, this body—regardless of political dif- continued need. But the best I can say, people did not know the outcome. I ferences, party affiliation, or personal in terms of my voice being added to the argue that the fact we reauthorized background—to try to bring out the

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.060 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7986 CONGRESSIONAL RECORD — SENATE July 20, 2006 best in our country no matter how hard jority of the White community could various kinds for the sole purpose of the issue might be, no matter how maintain political power. perpetuating voting discrimination in emotional it might be, and no matter The results of the Voting Rights Act the face of adverse federal court de- how much people play on our fears. of 1965 were some of the best things crees.’’’ The Court ‘‘acknowledged that Just as those who came before us re- that ever happened to Alabama. Before suspension of new voting regulations jected the desire to play on fears and the Voting Rights Act, Alabama had pending preclearance was an extraor- prejudices and risked their personal fewer than a dozen Black elected offi- dinary departure from the traditional safety, I hope this generation of polit- cials. As of 2001, the most recent fig- course of relations between the States ical leaders that I am now a part of ures available, Alabama had over 750 and the Federal Government,’’ but will live up to the ideals demonstrated African-American office holders—sec- ‘‘held it constitutional as a permitted by Americans in the past who were ond only to Mississippi. These elected congressional response to the brave, who risked it all for the common officials include a U.S. Congressman, 8 unremitting attempts by some state good. State senators, 27 members of the and local officials to frustrate their I will close with this thought: As State House of Representatives, 46 citizens’ equal enjoyment of the right Senator OBAMA said, if we can embrace mayors, 80 members of county commis- to vote.’’ In other words, the the spirit that led to the Voting Rights sions, school board members, town preclearance requirement was an ex- Act—a sense of fair play, fair treat- council members and the like. traordinary response to an extraor- ment—and apply it to other areas and Voter registration rates for Blacks dinary problem—unrelenting efforts by other issues facing our Nation, we will and Whites in Alabama are now vir- some State and local officials to con- be much stronger. It is with that sense tually identical. In fact, in the last trive new rules for voting and elections of purpose and hope that I will vote to Presidential election, according to the after each defeat in Federal court. reauthorize the Voting Rights Act. Census Bureau, a larger percentage of During the reauthorization process, To my fellow South Carolinians, you African Americans voted than Whites we have been presented relatively little have come a long way. You have much in the State of Alabama. Now, that was present-day evidence of continued to be proud of. But we, like every other the goal of the act—to have this kind ‘‘unremitting attempts by some state part of this country, still have a long of progress occur. In fact, over the past and local officials to frustrate their way to go. 15 years, Alabama has not had a single citizens’ equal enjoyment of the right I yield the floor. court find the State guilty of violating to vote’’ as was the case in 1965—espe- Mr. LUGAR. Mr. President, I rise the 15th amendment or the very broad cially the kind of change-the-rules- today to express my strong support for protections afforded by section 2 of the after-losing tactics that prompted the the reauthorization of the landmark Voting Rights Act. The same cannot be section 5 preclearance requirement. Voting Rights Act of 1965. said of Arkansas; Colorado; Hawaii; According to Richard L. Hasen, Wil- I was a member of the Indianapolis Ohio; Maryland; Massachusetts; Mis- liam H. Hannon Distinguished Pro- School Board and mayor of Indianap- souri; Montana; Nebraska; Wisconsin; fessor of Law at Loyola Law School in olis during the civil rights movement, Chicago, IL; Hempstead, NY; Los Ange- Los Angeles: ‘‘In the most recent 1998 and I witnessed firsthand the critical les County, CA; or Dade County, FL— to 2002 period, DOJ objected to a mea- importance of promoting justice and none of which are covered by section ger 0.05 percent of preclearance re- understanding in our communities. 5’s preclearance requirement. quests. Updating these data, DOJ inter- Following the tragic death of Dr. Mar- The people of Alabama understand posed just two objections nationwide tin Luther King, Jr., while I was serv- that these changes in our State are overall in 2004, and one objection in ing as mayor, so many of my friends good, and they do not want to do any- 2005.’’ These data suggest relatively and neighbors in Indianapolis came to- thing that would suggest that there is isolated attempts to interfere with vot- gether in peace and reconciliation, and any interest in moving away from the ing rights not widespread, ‘‘extraor- I am grateful that our city served as a great right to vote. We want to reau- dinary stratagem[s]’’ to perpetuate dis- model to so many other cities that thorize the Voting Rights Act. How we crimination in voting. were unfortunately stricken with vio- reauthorize the act is something that lence and division. is worthy of discussion, however. The To be sure, there have been examples It is in the spirit of justice, harmony, witnesses we have heard in the Judici- of misconduct, such as the cancellation and compassion that we must join to- ary Committee over the past couple of of the June 5, 2001, city council and gether to pass this important legisla- months have had many different ideas, mayoral elections in the town of tion. This is a signal moment for the and after hearing from them, I am con- Kilmichael, MS, and I do not want to Senate, and I am pleased that Presi- cerned that we should have listened minimize those violations in any way. dent Bush will sign this bill into law as more carefully to some of their rec- Such misconduct did not appear to be the 41st anniversary of the signing of ommendations. common or widespread, however, and it the Voting Rights Act approaches on My concerns stem, in part, from the could have been remedied through ordi- August 6. extraordinary nature of some of the nary litigation under section 2 of the Mr. SESSIONS. Mr. President, I rise temporary provisions of the Voting act and 42 U.S.C. § 1983. In fact, a dis- to voice my support for reauthorizing Rights Act particularly the ‘‘pre- turbing aspect of the Kilmichael inci- the Voting Rights Act of 1965. H.R. 9, clearance’’ requirement of section 5. dent is that the attorney general’s ob- the bill to reauthorize the Voting Section 5 requires Alabama and other jection to the cancellation of the elec- Rights Act, is an important piece of covered jurisdictions to ‘‘preclear’’ any tion came on December 11, 2001 over 7 legislation. I wish to take a few mo- change in ‘‘any voting qualification or months after the election had been ments to express my thoughts on the prerequisite to voting, or standard, canceled. This was no doubt due in part great progress prompted by the Voting practice, or procedure with respect to to the town’s failure to submit the Rights Act in my State, as well as to voting.’’ The preclearance requirement change in a timely fashion, but it none- express a few concerns. applies to ‘‘[a]ny change affecting vot- theless appears that minority voters My home State of Alabama—the site ing, even though it appears to be minor would have received justice more of the Selma to Montgomery voting or indirect.’’ As a representative of the quickly through a lawsuit in Federal rights march—had a grim history on Department of Justice testified in the court, accompanied by a request for a voting rights. Before 1965, only 19 per- House of Representatives, ‘‘There is no preliminary injunction and/or a tem- cent of African Americans in our State de minimis exception’’ to the porary restraining order. were registered to vote, and they were preclearance requirement. In light of the dearth of present-day denied the right to vote through any In 1966, the Supreme Court in South preclearance objections or evidence of number of tactics and strategies. Be- Carolina v. Katzenbach upheld section violations that, due to their nature or hind those tactics and strategies—the 5’s preclearance requirement ‘‘as a number, cannot be remedied through multiple ‘‘tests and devices’’—lay a necessary and constitutional response litigation, I am concerned that reau- ruthless decision to deny Black citi- to some States’ ‘extraordinary thorizing section 5’s preclearance re- zens the right to vote so that the ma- stratagem[s] of contriving new rules of quirement for 25 years as proposed in

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.062 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7987 H.R. 9 will not pass constitutional I am also concerned that the Su- America and are proud of the changes muster in the litigation that is certain preme Court will think that a 25-year in Alabama and our Nation. They have to follow its enactment. In City of reauthorization is simply too long to a strong attachment to the Voting Boerne v. Flores, the Supreme Court pass constitutional muster. In 1965, Rights Act. All Alabamians want to see held that when Congress enacts legisla- Congress only authorized the tem- the progress continue. In light of the tion to enforce constitutional guaran- porary provisions of the Voting Rights wrongs that have occurred in the past tees, ‘‘[t]here must be a congruence Act for 5 years. They have now been in and out of respect for those who placed and proportionality between the injury effect for 41 years. I am worried that their very lives at risk for change, I to be prevented or remedied and the the Supreme Court will conclude that will vote in favor of H.R. 9. means adopted to that end.’’ The Court it is not ‘‘congruent and proportional’’ Mr. BURR. Mr. President, I rise cited the Voting Rights Act of 1965 as to require some States to preclear today in support of reauthorizing the an example of appropriate congres- every single voting change, no matter Voting Rights Act. sional enforcement legislation that it how minor or insignificant, until the The democratic process of citizens had upheld. The Court observed, how- year 2031 based on data regarding voter electing those who will govern them is ever, that ‘‘[s]trong measures appro- turnout and registration from 1964—67 a cornerstone of America. It is this de- priate to address one harm may be an years earlier. sign which has contributed greatly to unwarranted response to another, less- Finally, I am concerned about H.R. making our Nation stable, resilient, er one.’’ 9’s language adding new subsections and a leader in the world. Every citizen I am worried because, in extending (b), (c), and (d) to section 5 of the Vot- over the age of 18 who can legally vote section 5’s preclearance requirement ing Rights Act to alter the Supreme has a constitutional right to do so. for another 25 years, H.R. 9 does little Court’s decisions in Georgia v. The 15th amendment of the Constitu- to acknowledge the tremendous Ashcroft and Reno v. Bossier Parish tion states, ‘‘The right of citizens of progress made over the past 40 years in School Board, Bossier Parish II. In its the United States to vote shall not be Alabama and other covered jurisdic- decision in Bossier Parish II, in par- denied or abridged by the United tions. Today is not 1965, and the situa- ticular, the Court warned that the in- States or by any State on account of tion with respect to voting rights in terpretation of section 5 rejected in race, color, or previous condition of Alabama and other covered jurisdic- that case ‘‘would also exacerbate the servitude.’’ tions is dramatically different from ‘substantial’ federalism costs that the To enforce the 15th amendment, 1965. I would have expected Congress to President Lyndon Johnson signed the preclearance procedure already exacts recognize this tremendous progress in Voting Rights Act into law on August perhaps to the extent of raising con- covered jurisdictions by modernizing 6, 1965. This legislation prevented cerns about § 5’s constitutionality.’’ Al- section 5 to reflect present-day States from suppressing or denying Af- tering these decisions adds to the risks progress and remaining problems. rican Americans and others the oppor- taken in failing to modernize and mod- For example, Congress ought to up- tunity to participate in the electoral ify the provisions of the Voting Rights date the coverage trigger in section process, and it continues to do so Act to address the voting rights prob- 4(b) of the act. It is simply illogical—in today. 2006—to base coverage solely on reg- lems of the 21st century. It is particu- Most of the Voting Rights Act is per- istration and voter turnout data from larly important therefore, that these manent law. However, certain sections the Presidential elections in 1964, 1968, new provisions be strictly interpreted. of the law are set to expire in 2007 if 1972. What about the Presidential elec- The ‘‘ability . . . to elect their pre- not reauthorized by this Congress. tions of 1996, 2000, and 2004? What about ferred candidates of choice’’ language These sections, including requirements the 14 noncovered jurisdictions that in new subsections 5(b) and 5(d) pre- for Federal review of State and local Federal courts have found guilty of vents the elimination of what the Su- election laws, the placement of Federal constitutional or section 2 violations preme Court called ‘‘majority-minority election observers, and voting assist- in recent years? Those years and those districts’’ in Georgia v. Ashcroft, in ex- ance programs for bilingual American jurisdictions could easily be added to change for the creation of what it citizens, were established so that Con- the coverage formula in section 4(b), called ‘‘influence districts.’’ Neither gress could periodically reevaluate and but H.R. 9 does not update the coverage the language of new subsections 5(b) amend them if needed. formula to include them. Given the and 5(d) nor the ‘‘any discriminatory I stand here today representing a dearth of preclearance objections, it purpose’’ language of new subsection State, portions of which have been seems that some minor or de minimis 5(c) requires the creation of or locks classified by this act as having a trou- voting changes ought to be removed into place ‘‘influence’’ or ‘‘coalitional’’ bled past, and I support reauthoriza- from the preclearance requirement, as districts, however. The concept of ‘‘in- tion of the Voting Rights Act. well. fluence’’ or ‘‘coalitional’’ districts is North Carolina is proud of the Congress also needs to make changes far too amorphous to impose as a re- progress it has made over the last sev- to improve the ‘‘bailout’’ process in quirement of Federal law. Imposing eral decades. North Carolinians con- section 4(a) of the act. According to the such new restrictions on the redis- tinue to learn from history and will Department of Justice, out of 914 cov- tricting process would prove both un- continue to strive to serve as a model ered States and political subdivisions, workable and unconstitutional. for the rest of the Nation in equality only 11 covered jurisdictions, all in Vir- I agree with the comments made ear- and fairness. ginia, have bailed out from coverage, lier this afternoon by Senator MCCON- I must emphasize that regardless of and thus preclearance, under section NELL, Senator HATCH, Senator KYL, and the outcome of this reauthorization 4(a). It is obvious that bailout is not Senator CORNYN. We must remember vote, which I will support and I am working properly, but H.R. 9 does not that we are reauthorizing the Voting confident will pass this Chamber correct that problem. For example, Rights Act not creating a ‘‘gerry- unanimously, no citizen will lose the even if a town in Alabama has a perfect mandering rights act.’’ The bipartisan right to vote in 2007 as a result of any record on voting rights and meets support for this bill indicates that both expiring provisions. As Members of every one of the requirements for bail- Republicans and Democrats do not ex- Congress, we have the responsibility to out, it cannot seek bailout because sec- pect or intend it to be interpreted to preserve the constitutional rights of all tion 4(a) only allows a ‘‘political sub- advantage one party or the other. individuals but also to make sure that division’’ to bail out, and section Although the Voting Rights Act is the law of the land is evenly and fairly 14(c)(2) defines ‘‘political subdivision’’ now 40 years old, many of my constitu- applied and enforced. to mean ‘‘any county or parish’’ but ents have vivid recollections of dis- Voting rights for African Americans not any city or town. That should be crimination at the ballot box, and they or any other citizen group are granted changed, but this bill does not address have strong memories of the civil by the 15th amendment. Voting rights it. I also think we should have given rights movement that led to the most for all American citizens are perma- serious consideration to Professor historic changes that were encap- nent. Hasen’s ‘‘proactive bailout’’ proposal sulated in the Voting Rights Act. We must ensure public confidence in to improve the bailout process. These are wonderful people. They love our electoral system.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.047 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7988 CONGRESSIONAL RECORD — SENATE July 20, 2006 As I have said on the floor of the Sen- worked incredibly hard to see this re- less Congress acts to renew them. Re- ate before, ‘‘as our country plants the authorization become a reality. authorization of the Voting Rights Act seeds of democracy across the world, I will repeat what I said on this floor will ensure many privileges including we have the essential obligation to 15 years ago: It is our duty to guar- bilingual election assistance for cer- continue to operate as the model.’’ antee that all citizens have the same tain language minority citizens in cer- I urge my colleagues to support this opportunity to participate in the polit- tain States and subdivisions. reauthorization. ical process and to elect representa- I cast my vote to ensure that no law Mr. GRASSLEY. Mr. President, I rise tives of their choice. All of us here abridges the privileges or immunities today in strong support of the reau- today recognize that it is our duty, as of any citizen of the United States or thorization of the Voting Rights Act. elected representatives of the people, denies any citizen equal protection of Let me first commend everyone who as guardians of democracy, to protect the laws. has been involved with getting this bill the right to vote. I remain confident, Mr. TALENT. Mr. President, I am to where it is today, including the as I was in 1982, that the Voting Rights pleased to speak in support of the Vot- chairman of the Judiciary Committee Act is a key tool—perhaps the key ing Rights reauthorization legislation, here in the Senate, Chairman SPECTER. tool—in eradicating any remaining of which I am a cosponsor. Congress en- Chairman SPECTER has attempted to vestiges of racial discrimination. acted the Voting Rights Act in 1965 to ensure that everyone involved in this I support reauthorization of the Vot- protect the voting rights of all Ameri- process received the opportunity to ex- ing Rights Act and encourage my col- cans, and I am pleased that the Con- plore the issues about which they had leagues to do the same. As it was in gress is reauthorizing this important further questions, while still moving 1965 and in 1982 and for all the other ex- legislation. the bill through expeditiously. Thanks tensions along the way, this vote today The right to vote is the foundation of to all these efforts, we will see final is among the most important civil our democracy and a fundamental passage of the Voting Rights Act reau- rights votes on the floor of this body. right to our citizenry. Before the Vot- thorization today, nearly a year ahead We have the opportunity today to show ing Rights Act was passed, however, a of the expiration of any of the tem- that we are, indeed, one Nation, under great percentage of American citizens porary provisions. God, indivisible, with liberty and jus- were denied that right. The Voting I have long been a supporter of the tice for all. Please join me in voting Rights Act rectified that wrong by pro- Voting Rights Act. I had the oppor- aye. hibiting the enactment of any election tunity to work with Senators DOLE and Mr. DOMENICI. Mr. President, it is law that would deny or abridge voting KENNEDY and others in 1982 to continue without hesitation that I support the rights based on race or color and pro- the VRA’s vital protections, to ensure Fannie Lou Hamer, Rosa Parks, and vided the right to challenge discrimi- that all Americans truly have the right Coretta Scott King Voting Rights Act natory voting practices and proce- to vote. Reauthorization and Amendments Act dures. As I explained during the reauthor- of 2006, which ensures that the right of This legislation has been extended ization of the VRA in 1982, the right to all citizens to vote, including the right and amended four times since its pas- vote is fundamental. Only through vot- to register to vote and cast meaningful sage and has resulted in a tremendous ing can we guarantee preservation of votes, is preserved and protected as growth in the ability of minority citi- all our other rights. The right to vote guaranteed by the Constitution. zens to fully participate in the Amer- is the very cornerstone of democracy Reauthorization of the Voting Rights ican political system, both as voters and merits the highest protection of Act of 1965 may be a foregone conclu- and candidates. At the time the act law. sion; however, I believe that today’s was first adopted, only one-third of all People of all races have been guaran- debate and vote are of great con- African Americans of voting age were teed the right to vote since passage of sequence because we are protecting on the registration rolls in the spe- the 15th amendment in 1870. For far too each citizen’s right to vote and pre- cially covered States compared with long, though, this was a right only in serving the integrity of our Nation’s two-thirds of White voters. Now Afri- theory. Many minorities were discrimi- voting process. Passage of this measure can Americans’ voter registration rates nated against in the days before the is not merely symbolic; it is an essen- are approaching parity with that of Voting Rights Act was introduced. tial reaffirmation that we the people Whites in many areas, and Hispanic Since this Act was passed, we have are securing the blessings of liberty to voters in jurisdictions added to the list seen the voting proportions of these ourselves and our posterity. I firmly of those specially covered by the act in populations increase dramatically. The believe that the right of citizens of the 1975 are not far behind. Enforcement of Voting Rights Act has had very signifi- United States to vote should not be de- the act has also increased the oppor- cant success in fighting racial dis- nied or abridged by the United States tunity of African Americans and crimination, probably more than any- or any State on account of race. Latino voters to elect representatives thing else that Congress has done since The right to cast a vote is funda- of their choice. Virtually excluded the adoption of the Civil War amend- mental in our system of government, from all public offices in the South in ments. and the importance of each person’s 1965, African Americans and Hispanic Next year, important provisions of voting rights is reflected by the fact voters are now substantially rep- the Voting Rights Act will expire. The that they are protected by the 14th, resented in the State legislatures and right of every American to have a voice 15th, 19th, 24th, and 26th amendments local governing bodies throughout the and vote is the essence of America’s to the Constitution. President Ronald region. strength and greatness. As was the case Reagan described the right to vote as Mr. President, this is a piece of legis- in 1982, conditions have improved since the crown jewel of American liberties. lation that literally changed the land- the original Voting Rights Act was Like President Reagan, I also believe scape of the American political system, passed. It is our duty as the ultimate that the right to vote is a great privi- and I am extremely pleased to cast a custodians of the public trust, however, lege worth protecting. vote in favor of its extension. to ensure that we never return to a The Voting Rights Act of 1965 was Mr. BUNNING. Mr. President, I rise world in which some of our citizens do initially passed in response to post- today to express my support for the re- not truly have the right to vote. Civil War Reconstruction efforts to dis- authorization of the Voting Rights Act For this reason, I stand with Chair- enfranchise Black voters. The voting of 1965. I support this law and recognize man SPECTER as an original cosponsor Rights Act of 1965 was amended in 1970, its valuable contributions to our soci- of the Fannie Lou Hamer, Rosa Parks, 1975, 1982, and 1992. It remains one of ety. and Coretta Scott King Voting Rights the most significant pieces of civil Since its inception in 1965, the Vot- Act Reauthorization and Amendments rights legislation in American history. ing Rights Act has successfully helped Act of 2006. Many people, including the This legislation amends and reauthor- protect the right to vote for millions of bill’s authors, members of the Judici- izes the Voting Rights Act for an addi- U.S. citizens. This right, as outlined in ary Committees in both Houses, and tional 25 years, several provisions of the 14th and 15th amendments to the thousands of civil rights activists, have which will expire on August 6, 2007, un- Constitution, is fundamental to our

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.048 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7989 Country’s foundation. It is the life- have made as a country, we still have the polls. Indeed, the Voting Rights blood of our democracy. The very legit- more work to do. Both the House and Act has succeeded tremendously. Stat- imacy of our government is dependent the Senate have investigated this issue istician Keith Gaddie reported that the on the access all Americans have to the thoroughly, and after numerous hear- registration and turnout rate of Black electoral process. ings and thousands of pages of evidence citizens is higher in covered jurisdic- We must ensure that when citizens being accepted into the record, it is tions than throughout the rest of the choose to go to the polls that they do clear that we need to reauthorize the Nation. He additionally revealed that not face obstacles created to disenfran- expiring provisions of the act. More registration of Black citizens in Ala- chise them. Every U.S. citizen, regard- time and effort is needed to completely bama during the 2004 elections was 72.9 less of race or gender, should have op- fulfill the promise of the Voting Rights percent of the voting age population; in portunity to cast their vote without Act and to assure every citizen that his Georgia, 64.2 percent; in Louisiana, 71.1 fear of discrimination. or her 15th amendment rights are fully percent; in Mississippi, 76.1 percent; in This has not always been the case. available, and this bill will allow us the South Carolina, 71.1 percent; and in Our Nation’s history can provide exam- time we need. Virginia, 57.4 percent of the voting age ples where the person’s right to vote The House of Representatives has al- population. Voter turnout rates were has been impeded whether it be ready passed the Voting Rights Re- equally improved. For example in 2004 through literacy tests or poll taxes. newal Act, and I am glad we are going Alabama had a 63.9 percent turnout This is unacceptable and is a powerful to move it forward today. We can then rate of registered Black voters, Georgia reminder of the hardships this Nation quickly put this critical legislation in had a 54.4 percent turnout rate, Lou- has experienced. The Voting Rights front of the President, who supports isiana had a 62.1 percent turnout rate, Act has provided protection to minor- the bill and is waiting to sign it into Mississippi had a 66.8 percent turnout ity communities that may fall victim law. I am hopeful that at the end of rate, South Carolina had a 59.5 percent to some of those impediments, or even this 25-year reauthorization, we will all turnout rate, and Virginia had a 49.6 worse, to threats or intimidation dur- be able to agree that no further legisla- percent turnout rate. If we applied registration and turn- ing the electoral process. tive action is necessary—that we have out data from our most recent Presi- I believe the Voting Rights Act was a accomplished the critical goal of assur- dential elections to the trigger formula good idea and necessary in 1965. I also ing every American citizen the equal for coverage, many covered States believe we have come a long way since right to vote. would no longer require coverage. This 1965 and would like to recognize the Mr. COBURN. Mr. President, the 15th amendment of the United States Con- is important because the Supreme many changes and progress made all Court requires that any laws that we stitution provides ‘‘[t]he right of citi- across the Country. I firmly believe write must be ‘‘congruent and propor- zens of the United States to vote shall this progress will only continue to tional’’ to the problems we seek to not be denied or abridged by the United grow. remedy. While these provisions were States or by any State on account of I come from a State that is com- necessary because State practices and mitted to civil rights, and I believe race, color, or previous condition of the prejudices of individuals kept eligi- that our Forefathers said it best that servitude. The Congress shall have the ble citizens from being able to cast a we are one Nation, undivided, with lib- power to enforce this article by appro- ballot free from the threat of intimida- erty and justice for all. I look forward priate legislation.’’ In 1965, with the tion or harassment, it is important to seeing this commitment to justice passage of the Voting Rights Act, Con- that we ensure that the correct juris- renewed today as we reauthorize the gress finally began to enforce the Na- dictions are covered in order to pre- Voting Rights Act of 1965. tion’s promise embodied in the 15th serve the constitutionality of the act. Mr. President, I am confident that amendment. The Voting Rights Act We held nine hearings, and many in- the Voting Rights Act will be reauthor- was designed to ‘‘foster our trans- dividuals from diverse backgrounds and ized today and urge my colleagues to formation to a society that is no longer different races have both praised and support this important piece of legisla- fixated on race,’’ to an ‘‘all-inclusive criticized the temporary provisions of tion. community, where we would be able to the VRA set to expire 1 year from now. Mr. DEWINE. Mr. President, I am forget about race and color and see At each hearing, multiple witnesses proud to be an original cosponsor of people as people, as human beings, just suggested ways to amend and improve this very important piece of legisla- as citizens.’’ The mere mention of this this Act. Yet I was the only Senator on tion, the Voting Rights Reauthoriza- act conjures up profound images of the the committee prepared to offer sub- tion Act of 2006. civil rights movement, a fight by many stantive amendments to improve the As we all know, Congress first passed courageous men and women for equal- act so that it addresses the problems it the Voting Rights Act back in 1965, ity and justice. seeks to remedy today. when many jurisdictions had numerous In 1965, Congress wisely decided to I was prepared to offer three amend- laws and regulations aimed at denying make the most significant sections of ments. The first would define the term the right to vote to many of our citi- the bill permanent. The permanent ‘‘limited English proficient,’’ the sec- zens—in direct violation of the 15th provisions apply to all States equally. ond would reauthorize the amended amendment to the Constitution. The One section of the original act sus- provisions for 7 years instead of 25 Voting Rights Act made it clear that pended all ‘‘tests or devices’’ that years, and the third would require a our society would no longer tolerate States used to disfranchise racial mi- photo identification in all Federal elec- such abuses. It also made clear that all norities. Section 2, which is also per- tions. Yet I only offered one amend- citizens should have the opportunity to manent, codifies the 15th amendment, ment in committee yesterday because exercise this critical right freely and confirming by statute that no political it was clearly communicated that we easily, without harassment, intimida- subdivision may deny or abridge voting should pass the exact bill that the tion, or other barriers to voting. Its rights on account of race or color and House passed regardless of the merits passage was one of the proudest mo- that all individuals have recourse to of certain amendments. In fact, even ments of the civil rights movement. discriminatory election procedures in though the committee did pass a non- The Voting Rights Act has been an Federal court. substantive amendment to amend the extraordinary success, and we can see That same Congress passed tem- title of the bill, Senate leadership its results in towns, counties, and porary remedial measures to address brought the House bill H.R. 9 to the States across the country, as well as in voting practices and districting in floor without the title change accepted the House of Representatives and in seven Southern States, where registra- in committee. Political expediency the U.S. Senate. Minority voters have tion rates for Black voters averaged clearly trumped the will of individual had their voices heard and their votes only 29.3 percent. Section 5 was crafted Senators. counted, and have helped elect a wide to remedy the low voter registration There are other amendments that range of officials who reflect the diver- and turnout among the minority com- should have received consideration. sity of our great Nation. Unfortu- munities caused by discriminatory reg- During hearings, some Senators dis- nately, despite the great advances we istration practices and intimidation at cussed possible amendments that they

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.014 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7990 CONGRESSIONAL RECORD — SENATE July 20, 2006 appeared to support with witnesses. were held. No changes to those findings The PRESIDING OFFICER. The Sen- Yet I believe that political fear and were made. ator from Oregon. perceived intimidation prevented them Furthermore, it was nearly impos- Mr. WYDEN. Mr. President, often from offering any amendments. For ex- sible to prepare for the hearings. Our when the Senate passes something ample, there was discussion based on rules require that witnesses submit unanimously, it means that the matter the testimony of numerous witnesses their testimony 24 hours prior to the is not so important. That is not the that someone should offer an amend- hearing so Senators can formulate case today. The Voting Rights Act is ment to create more reasonable bailout thoughtful questions. Over half of the about as important as it gets. Senators procedure. States and counties wishing witnesses—21 out of 41—flouted the of both political parties deserve great to bail out are only permitted to make committee’s rules by turning in their credit for bringing this vitally needed their case here in Washington rather testimony less than 24 hours before the legislation to the floor of the Senate than at a Federal court closer to their hearing. Indeed, one witness submitted today. I have come to salute those in- home. Another amendment that re- his testimony at 12:03 a.m. the morning side and outside the Senate for their ceived some support among witnesses of a hearing scheduled for 9:30 a.m. An- work to bring this extraordinarily im- would have included more recent data other witness submitted her testimony portant issue before the country and to determine coverage of areas with a at 10:21 p.m. the night before a 9:30 a.m. before the Senate and to make an ap- recent history of discrimination rather hearing. Other witnesses submitted peal to Senators and those outside the than relying on data only from the their testimony literally hours before Chamber to work for more. 1964, 1968, and 1972 elections. the hearing. Clearly, the only way Sen- In the past three successive elec- Even if no amendments offered were ators could ask thoughtful questions of tions—2000, 2002, and 2004—there were accepted, this bill is dramatically dif- these witnesses was through written scores of accusations of voter intimida- ferent from reauthorizing the Voting questions. And many tried to do so. tion, rigged voting machines, conflicts Rights Act as renewed in 1982. This bill But that process has been unsuccessful. of interest among elected officials, and rewrites the Voting Rights Act, section We voted the bill out of committee for other serious electoral abuses. Many 5 to include in section (b) that ‘‘[t]he discussion on the floor before 107 writ- newspaper articles, State and Federal purpose of [section 5] is to protect the ten questions to 10 witnesses were an- governmental investigations, private ability of such citizens to elect their swered and returned. We did not even studies and scores of lawsuits have de- preferred candidates of choice.’’ Such have the opportunity to submit ques- scribed in considerable detail the toll language has never before been in- tions to the witnesses on the panel of that election abuses now take on our serted into section 5 preclearance re- the final hearing. democracy. As much as it is an accom- quirements where there is no judicial We had plenty of time to do this plishment that the Senate will be vot- review of determinations made by De- right—to fully consider the testimony ing to reauthorize the Voting Rights partment of Justice, DOJ employees. and answers submitted by witnesses— Act today, that law cannot cure many Additionally, section 5(c) of the bill re- and still vote to extend the temporary of the problems that we have seen in writes the Voting Rights Act to require provisions before they expire in the the last three election cycles. But that DOJ refuse to preclear a plan that summer of next year. We still have there is a proven system that can re- employs ‘‘any discriminatory purpose.’’ time to do this right. Congress has duce many of these abuses, and I hope These are very serious changes that until the summer of 2007 to consider in the days ahead the U.S. Congress were never debated and that witnesses this bill, and yet we are moving ahead will take steps to promote it. It is suggested we amend. Those suggestions without receiving all answers to ques- known as vote by mail. were never even discussed or consid- tions and fully considering the testi- My State of Oregon adopted this elec- ered. I am at a loss as to why we are in- mony of our witnesses. As a result, tion system back in 1998, with nearly 70 serting new standards for 25 years none of us can realistically say that we percent support of our State’s voters. without knowing the potential con- know the full implications of what we It has been a resounding success any sequences and clarifying congressional are voting on today. And the con- way one looks at it, and it has not been intent in the language of the act. sequences of our rush, forced by poli- seen in any way as a kind of partisan Some Senators have said that we tics, may have unintended con- tool that advantages one particular have carefully considered this bill and sequences for our Nation. party or one particular philosophy. the effects it will have on our Nation Nonetheless, I am voting for the Vot- What I want to do this afternoon is based on the number of hearings we ing Rights Act because of its unparal- describe briefly how Oregon’s vote by had. Yet Member attendance at these leled success in the past at securing mail system works and then talk about hearings was incredibly low. At the the opportunity to vote. I urge my col- why the Senate ought to be taking first two hearings on section 5, only leagues not to forget that we all share steps to promote it nationally as a way one Senator attended. At the third, the fundamental American belief that to deal with some of these problems five Senators attended. Five Senators our society should be color-blind and that have swept across our land over did not attend any of the committee’s that everyone should be treated equal- the last three election cycles. hearings. Five Senators attended only ly. There should be no political advan- In Oregon the system works in this portions of one hearing. This is not tage or disadvantage because of the way. At least 2 weeks before election meant as criticism because I only at- color of a person’s skin and we should day, election officials mail ballots to tended part of two hearings. be able to put aside politics to protect all registered voters. The voters mark My point is that it is unfortunate and openly discuss those values. Most their ballots, seal and sign those bal- that we insisted on doing this on an ex- Americans would like to move away lots, and return them by mail or by pedited basis when the act does not ex- from considering race when drawing placing them in a secure drop box. pire for a year. The committee con- congressional districts. In fact, a Wash- Election officials count the votes using ducted eight hearings in 9 workweeks— ington Post/Kaiser poll found that 70 optical scanning machines that con- and during times when it was clear percent of Blacks, 83 percent of His- firm the signature on the return enve- most Senators would be absent. We panics, and 90 percent of Whites said lope matches the signature of the voter held four hearings during the immigra- race should not figure into map-draw- on file. Each county also provides op- tion debate on the floor and held two ing. tional onsite voting booths for individ- hearings during rollcall votes on the While America has a long history of uals who need special accommodations floor. Because of the political nature of negative race relations, we must strive or prefer to vote onsite. this bill and the fear of being improp- for the dream taught by Martin Luther The bottom line is that vote by mail erly classified as ‘‘racist,’’ the bill was King—that one day society will judge can address many of the problems that crafted and virtually passed before any people based on the content of their plague this country’s elections. For ex- Senator properly understood any of the character and not the color of their ample, with vote by mail, there is no major changes. For example, the bill skin. For this, as Justice O’Connor waiting in line in the polls for hours. that passed out of committee included stated in 1993, is the goal toward which All through our country over the last a finding section before any hearings our Nation continues to aspire. election we heard complaints about

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.032 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7991 people having to wait in line, often for With vote by mail, the risk of fraud be done to improve the election proc- hours and hours on end. It doesn’t hap- is minimized. When an Oregon county ess. I intend to press at every possible pen with vote by mail. Each voter re- receives a voter’s marked ballot, the opportunity for a way to encourage an ceives a ballot in the mail. They can ballot is then sent to elections workers approach that has empowered people in complete it at home, at work, or wher- trained in signature verification who my home State in a manner that has ever is convenient for them. And you compare the signature on each ballot far exceeded the expectations of even don’t have the problem of people wait- against the person’s signature on their the biggest boosters. It has been to- ing in line for hours and hours to exer- voter registration card. This can be tally nonpartisan. cise their franchise. done quickly and easily because each In Oregon, we were amused in the be- With vote by mail, no one would get voter’s registration card has been elec- ginning of our discussion about vote by the run-around about which polling tronically scanned into the system. No mail. At the beginning of the discus- place they are supposed to vote at. The ballot is processed or counted until the sion, it seemed that a fair number of ballots are mailed to the citizen’s county is satisfied that the signature Republicans were for vote by mail, but home. If, for some reason, a voter’s bal- on the ballot matches the voter’s sig- a number of Democrats were skeptical. lot does not arrive 2 weeks before the nature on file. If someone tries to com- Then, after I won the Senate special election as it is supposed to, the voter mit fraud, they can be convicted of a election in 1996—and Senator SMITH has enough time to correct the prob- Class C felony, spend up to five years in and I have laughed about this often lem, get their ballot, and then cast it. prison, and pay $100,000 in fines. over the years—there was an about Americans who face the toughest time Vote by mail can help make the prob- face, and it seemed then that Demo- getting to the polls, such as citizens lems of recent elections a thing of the crats liked vote by mail and Repub- with disabilities and the elderly, report past. In doing so, it will make our elec- licans were a little cautious. Our that they vote more often using vote tions fairer and help reinstill a con- State’s citizens said enough of all this by mail. Women, younger voters, stay- fidence in our democracy, which frank- nonsense and overwhelmingly voted, on at-home moms also report that they ly, has been lacking. a bipartisan basis, to say this is just vote more often using vote by mail. There are a number of other reasons plain good government, and this is the Once again, it is an opportunity on a why I think our country ought to be way we want to go. bipartisan basis to deal with a very se- doing everything possible to encourage I think the Oregon story can be cop- rious problem that we have seen over citizens to adopt vote by mail. This ap- ied across the country, and I am going the last few election cycles. proach increases election participa- to do everything I can to encourage it. Citizens wouldn’t get the run-around tion. For example, vote by mail helps The Supreme Court declared in the at the polling place when they show up make voter turnout in Oregon consid- Reynolds v. Sims case: on election day to vote and are told: erably higher than the average na- [i]t has been repeatedly recognized that all ‘‘You really shouldn’t be here; you tional voter turnout. Oregon experi- qualified voters have a constitutionally pro- ought to be there.’’ ‘‘We can’t really tected right to vote . . . and to have their enced a record turnout of more than 70 tell you where you ought to be.’’ ‘‘We vote counted. percent in the 2004 Presidential elec- have all these people in line, and we Promoting vote by mail across our tion, compared to 58 percent nation- will try to help you later.’’ All of that land will help make this constitutional ally. is eliminated through vote by mail be- right a reality. I encourage my col- Vote by mail, we find, gets more citi- cause folks get their ballot at their leagues to look and study the approach zens involved in the issues because home. we have used in our State, an approach folks get their ballots weeks before the Third, with vote by mail there is less that will advance the spirit of the Vot- final day when their ballot is due, and risk of voter intimidation. A 2003 study ing Rights Act. Support the Voting they have the time to quiz candidates, of voters in my home State showed Rights Act today and work with us to that the groups that would be most examine issues that are important to build on its incredible importance in vulnerable to coercion now favor vote them, and do it in a deliberate fashion the days ahead. by mail. Over the last few elections, we that gives them more time. I yield the floor. Next, vote by mail has produced huge saw again and again our citizens saying The PRESIDING OFFICER. The Sen- that they feared coercion. They were savings at the local level for election ator from Massachusetts is recognized. concerned about intimidation in the costs. Vote by mail reduces those elec- Mr. KERRY. Mr. President, I ask exercise of their franchise. tion costs by eliminating the need to unanimous consent that I be permitted We have documentary proof in our transport equipment to polling sta- to proceed for 10 minutes and, fol- home State, a specific study that I tions and to hire and train poll work- lowing me, Senator BOXER be per- have cited, that citizens who are most ers. My home State has reduced its mitted to proceed for 15 minutes, and vulnerable to intimidation and coer- election-related costs by 30 percent following her, Senator SCHUMER for 5 cion feel more comfortable voting by since implementing vote by mail. So minutes. mail. we have the results. We have the re- The PRESIDING OFFICER. Is there Next, with vote by mail, malfunc- sults to show the rest of the country objection? Without objection, it is so tioning voting equipment is a thing of why we ought to be encouraging across ordered. the past. Everyone heard the stories in the land vote by mail. Mr. KERRY. Mr. President, I thank 2004 of citizens who said they voted for In a survey taken 5 years after we the Senator from Oregon for his discus- one candidate only to see the elec- implemented this system, more than 8 sion of an important way of having ac- tronic voting machine indicate that out of 10 Oregon voters said they pre- countability in voting. I must say that the voter had cast a ballot for some- ferred voting by mail to traditional I saw how that works out in Oregon. It body else. Irregularities such as this voting. I am confident that the rest of works well. It works brilliantly, as a cannot occur in vote by mail. Each our country would embrace it the very matter of fact. People have a lot of voter marks the ballot, reviews it, and same way. time to be able to vote. They don’t submits it, the ballot is counted, and it What this is all about, and why I have to struggle with work issues or becomes a paper record—a paper record have taken time to discuss our ap- being sick or other things. They have that is used in the event of a recount. proach, is that I think it is very much plenty of time to be able to have the I happen to believe that we must in line with both the spirit and the text kind of transparency and account- have a paper trail for every ballot that of the Voting Rights Act. America ability that makes the system work. is cast in our country. It is wrong that needs to make sure that no eligible There are other States where you are there is at present no such paper trail. voter, based on color, creed or any allowed to start voting early—in New Every time I have a community meet- other reason, would be disenfranchised. Mexico and elsewhere. ing, people bring up: why can this not What we are doing in the Senate today It is amazing that in the United be done? It is just common sense. My by reauthorizing the Voting Rights Act States we have this patchwork of the home State has led the way to ensure is the right thing. It is clearly a step in way our citizens work in Federal elec- that through our vote-by-mail system the right direction for these difficult tions. It is different almost every- there is a paper trail. times. But I do think much more can where. I had the privilege of giving the

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.063 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7992 CONGRESSIONAL RECORD — SENATE July 20, 2006 graduation address this year at Kenyan thrill that everyone in the Senate felt knowledge that their voice will be College in Ohio, and there the kids at in watching citizens be able to exercise heard. These are the foundations of our Kenyan College wound up being the those rights. democracy, and we have to pay more last people to vote in America in the In the Ukraine, the world turned to attention to it. Presidential race in 2004 in Gambier, at the United States to monitor elections For a lot of folks in the Congress, 4:30 in the morning. We had to go to and ensure that the right to vote was this is a very personal fight. Some of court to get permission for them to protected. All of us have been proud of our colleagues in the House and Senate keep the polls open so they could vote what President Carter has done in were here when this fight first took at 4:30 in the morning. traveling the world to guarantee that place or they took part in this fight Why did it take until 4:30 in the fair elections take place. But the truth out in the streets. Without the courage morning for people to be able to vote? is, all of our attempts to spread free- of someone such as Congressman JOHN They didn’t have enough voting ma- dom around the world will be hollow LEWIS who almost lost his life march- chines in America. These people were and lose impact over the years in the ing across that bridge in Selma, whose lined up not just there but in all of future if we don’t deliver at home. actions are seared in our minds, who Ohio and in other parts of the country. The fact is that we are having this remembers what it was like to march An honest appraisal requires one to debate today in the Senate about the to move a nation to a better place, who point out that where there were Repub- bedrock right to vote, with the under- knows what it meant to put his life on lican secretaries of state, the lines standing that this is not a right that the line for voting rights, this is per- were invariably longer in Democratic was afforded to everyone in our coun- sonal. precincts, sometimes with as many as try automatically or at the very begin- For somebody like my colleague, one machine only in the Democratic ning. For a long time, a century or Senator TED KENNEDY, the senior Sen- precinct and several in the Republican more, women were not allowed to vote ator from Massachusetts, who was here precinct; so it would take 5 or 10 min- in America. We all know the record in the great fight on this Senate floor utes for someone of the other party to with respect to African Americans. The in 1965 when they broke the back of re- be able to vote, and it would take lit- fact is that the right to vote in our sistance, this is personal. erally hours for the people in the country was earned in blood in many We wouldn’t even have this landmark longer lines. If that is not a form of in- cases and in civic sweat in a whole legislation today if it weren’t for their timidation and suppression, I don’t bunch of cases. Courageous citizens lit- efforts to try to make certain that it know what is. erally risked their lives. I remember in passed. So I thank the Senator from Oregon the course of the campaign 2 years ago, But despite the great strides we have for talking about the larger issue here. traveling to Alabama—Montgomery— taken since this bill was originally en- He is absolutely correct. The example and visiting the Southern Poverty Law acted, we have a lot of work to do. of his State is one that the rest of the Center, the memorial to Martin Luther Mr. President, I ask for an additional country ought to take serious and King, and the fountain. There is a 5 minutes. think seriously about embracing. round stone fountain with water spill- The PRESIDING OFFICER. Without This is part of a larger issue, obvi- ing out over the sides. From the center objection, it is so ordered. ously, Mr. President. All over the of the fountain there is a compass rose Mr. KERRY. Mr. President, on this world, our country has always stood coming back and it marks the full cir- particular component of the bill, there out as the great exporter of democratic cle. At the end of every one of those is agreement. Republicans and Demo- values. In the years that I have been lines is the name of an American with crats can agree. I was really pleased privileged to serve in the Senate, I the description, ‘‘killed trying to reg- that every attempt in the House of have had some extraordinary opportu- ister to vote,’’ or ‘‘murdered trying to Representatives to weaken the Voting nities to see that happen in a firsthand register.’’ Time after time, that entire Rights Act was rejected. way. compass rose is filled with people who We need to reauthorize these three Back in 1986, I was part of a delega- lost their lives in order to exercise a critical components especially: The tion that went to the Philippines. We fundamental right in our country. section 5 preclearance provisions that took part in the peaceful revolution None of us will forget the courage of get the Justice Department to oversee that took place at the ballot box when people who marched and faced Bull an area that has a historical pattern of the dictator, President Marcos, was Connor’s police dogs and faced the discrimination that they can’t change kicked out and ‘‘Cory’’ Aquino became threat of lynchings, some being how people vote without clearance. President. I will never forget flying in dragged out of their homes in the dark That seems reasonable. on a helicopter to the island of of night to be hung. The fact is that we There are bilingual assistance re- Mindanao and landing where some peo- are having this debate today because quirements. Why? Because people need ple have literally not seen a helicopter their work and that effort is not over it and it makes sense. They are Amer- before, and 5,000 people would surround yet. Too many Americans in too many ican citizens, but they still may have it as you swooped out of the sky, to go parts of our country still face serious difficulties in understanding the ballot, to a polling place where the entire obstacles when they are trying to vote and we ought to provide that assist- community turned out waiting in the in our own country. ance so they have a fully informed hot sun in long lines to have their By reauthorizing the Voting Rights vote. This is supposed to be an in- thumbs stamped in ink and to walk out Act, we are taking an important step, formed democracy, a democracy based having exercised their right to vote. but, Mr. President, it is only a step. on the real consent of the American I could not help but think how much Nobody should pretend that reauthor- people. more energy and commitment people izing the Voting Rights Act solves the And finally, authorization for poll were showing for the privilege of vot- problems of being able to vote in our watching. Regrettably, we have seen in ing in this far-off place than a lot of own country. It doesn’t. In recent elec- place after place in America why we Americans show on too many occa- tions, we have seen too many times need to have poll watching. sions. The fact is that in South Africa how outcomes change when votes that A simple question could be asked: we fought for years—we did—through have been cast are not counted or when Where would the citizens of Georgia be, the boycotts and other efforts, in order voters themselves are prevented from particularly low-income and minority to break the back of apartheid and em- voting or intimidated from even reg- citizens, if they were required to power all citizens to vote. Most re- istering or when they register, as we produce a government-issued identi- cently, obviously, in Afghanistan and found in a couple of States, their reg- fication or pay $20 every 5 years in Iraq, notwithstanding the disagree- istration forms are put in the waste- order to vote? That is what would have ment of many of us about the manage- basket instead of into the computers. happened without section 5 of the Vot- ment of the war and the evidence and This has to end. Every eligible voter ing Rights Act. Georgia would have other issues that we have all debated in the United States ought to be able successfully imposed what the judge in here. This has never been debated to cast his or her ballot without fear, the case called ‘‘a Jim Crow-era like about the desire for democracy and the without intimidation, and with the poll tax.’’ I don’t think anybody here

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.065 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7993 wants to go back and flirt with the pos- this right that was fought for so hard defiance of hers, where she just went sibility of returning to a time when through so much of the difficult his- on that bus and she wasn’t going to the States charged people money to exer- tory of our country, we finally make back. cise their right to vote. That is not our real the full measure of that right. When I met her, when President Clin- America. I yield the floor. I thank the Chair ton invited her to the White House and This morning, President Bush ad- and I thank my colleague for her for- I went there, I stood in awe because it dressed the 97th Annual Convention of bearance. said to me how one person can make a the NAACP after a 5-year absence. I am The PRESIDING OFFICER. The Sen- difference in this, the greatest nation pleased that the President, as we all ator from California is recognized. in the world. We get so frustrated are, ended his boycott of the NAACP Mrs. BOXER. Mr. President, before sometimes; we feel we can’t make a and announced his intention to sign Senator KERRY leaves the floor, I want difference. Here is one woman saying, the Voting Rights Act into law. to thank him. The issues he raised ab- No, I won’t do that; that’s wrong; I’m But we need to complete the job. solutely have to be a part of this de- one of God’s children. And that act of There are too many stories all across bate. I will address them after he defiance changed our country. I am so this country of people who say they leaves. The reason I stood up and ob- happy this bill is named after her and registered duly, they reported to vote, jected to the Ohio count is because I Fannie Lou Hamer who helped organize and they were made to stand in one knew firsthand from the people of Ohio Freedom Summer in 1965 which helped line or another line and get an excuse who came and talked with me through lead to passage of this landmark bill why, when they get to the end of the STEPHANIE TUBBS JONES that they were we will vote on today. She had a very line, they can’t vote. So they take out waiting in lines for 6, 7 hours. That is simple phrase that she used: ‘‘Nobody’s a provisional ballot, and then there are not the right to vote. I think Senator free until everybody’s free.’’ ‘‘Nobody’s fights over provisional ballots. KERRY’s remarks and the remarks of free until everybody’s free.’’ That re- There are ways for us to avoid that. the Senator from Oregon are very im- minds us of the work that we certainly Some States allow same-day registra- portant. have to do today. tion. In some parts of America, you can So let a message go out from this So Fannie Lou Hamer, Rosa Parks, just walk up the day of an election, Senate floor today that we are not and Coretta Scott King, who worked register, and vote, as long as you can stopping our efforts to make sure peo- with her great husband during the civil prove your residence. ple can vote with the very important rights movement in the sixties and car- We have this incredible patchwork of passage of this very important legisla- ried on his work after his horrific as- laws and rules, and in the process, it is tion. I am very pleased to follow him in sassination, working for justice, even more confusing for Americans. We this debate. worked for equality not only in this need to fully fund the Help America I rise to cast my vote in support of a country but around the world. Vote Act so that we have the machines very historic bill named after three In the late eighties, she worked tire- in place, so that people are informed, amazing women whom I truly admire— lessly to help bring an end to apartheid so that there is no one in America who Fannie Lou Hamer, Rosa Parks, and in South Africa. I often quote Martin waits an undue amount of time in Coretta Scott King. These three leg- Luther King, almost in every speech I order to be able to cast a vote. endary women were part of the heart give, because he is one of my heroes. We have to pass the Count Every and soul of the civil rights movement One of the lines he said, which isn’t Vote Act that Senator CLINTON, Sen- in this country, and those women really one that gets quoted all the ator BOXER, and I have introduced helped move the conscience of this Na- time, is that ‘‘Our lives begin to end which ensures exactly what the Sen- tion in the 1960s and, frankly, inspired when we stop talking about things that ator from Oregon was talking about: me to serve in public service. matter.’’ ‘‘Our lives begin to end when that every voter in America has a In 1950, I was a little girl and I was in we stop talking about things that mat- verifiable paper trail for their vote. Florida with my mother. I went on a ter.’’ That touched me and reached me. How can we have a system where you bus. It was a crowded time of day. A can touch a screen and even after you woman came on the bus. Her hands I think his words, of course, reached touch the name of one candidate on the were filled with packages. To me she every American, regardless of political screen, the other candidate’s name looked really old. I guess she was my party. Don’t stop talking about things comes up, and if you are not attentive age. I jumped up because I was taught that matter, even though it might be to what you have done and you just go to do that. I jumped up and I said: easier to do so, even though it might be in, touch the screen, push ‘‘select,’’ you Please, please, take my seat. My moth- easier when you are at a friend’s house voted for someone else and didn’t in- er kind of pulled at my sleeve, and the and somebody says something that is tend to? How can we have a system woman put her head down and she bigoted toward somebody else. It is like that? walked to the back of the bus. sometimes easier for us to make be- How can we have a system where the I was perplexed by this. I said to my lieve we didn’t hear it. No, that mat- voting machines are proprietary to a mother: Why was she rude to me? Why ters, you matter, your view matters, private business so that the public sec- didn’t she say thank you and take the your values matter. Speak up. tor has no way of verifying what the seat? That is what we are doing, and I am computer code is and whether or not it My mother explained to me the laws proud to be in the Senate today be- is accountable and fair? Just account- in those days that sent African Ameri- cause we are doing something good ing for it. cans to the back of the bus. I at 10 today. It is a privilege and an honor to Congress has to ensure that every years old was astounded, shocked, vote for this reauthorization of the vote cast in America is counted, that angry. My mother said to me: Why Voting Rights Act. every precinct in America has a fair don’t we just stand up. And that is I had a number of people visit me distribution of voting machines, that what we did. We walked to the back, from my State yesterday—old and voter suppression and intimidation are and we stood. young, children, grandmothers, great un-American and must cease. That was an America that is no grandmothers, granddads, lawyers, We had examples in the last election more, but that is an America we can- workers, doctors. They just jammed of people who were sent notices—obvi- not forget. That was an overt law to into my conference room and they said: ously fake, but they were sent them hurt people, to make America ‘‘we and Senator BOXER, we know you are with and they confused them enough. They them.’’ That is why the law we are us. We know you have been on this bill. were told that if you have an out- passing today is so important—because We know where you are. We have lis- standing parking ticket, you can’t it says that we all recognize that even tened to you all these years. We want- vote. They were told: Democrats vote though that America is no more, we ed to come here and say thank you. on Wednesday and Republicans vote on have more work to do. I said: You don’t need to thank me. Tuesday and various different things. And then came the sixties. Of course, What you need to do is join with me so It is important for us to guarantee we know it was Rosa Parks who that after this vote, we truly get equal that in the United States of America, changed the world with that one act of voting rights in this country.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.066 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7994 CONGRESSIONAL RECORD — SENATE July 20, 2006 That was touched on by Senator The Federal Government must work protections as citizens to choose our KERRY, and it was touched on by Sen- hard to guarantee that the inequities own leaders? ator WYDEN. The right to vote—with- we have seen in the past never resur- Let me say, we cannot even get to out it we are nothing. Without it, we face again. And won’t that be the day, page 1 in terms of moving this bill for- are not standing up for the principles when we have a system that we believe ward. There is resistance to this bill. upon which this Nation was founded: a we can be proud of again. There are those in this body who don’t government of, by, and for the people. I am proud to stand here today with want a paper trail. They don’t want to How do you have a government of, an opportunity to cast a vote to reau- make it easier to vote, and let’s call it by, and for the people, if the people thorize provisions of the Voting Rights what it is. That resistance exists, and turn away from the voting booth? I Act. But today didn’t come without that is wrong. So I call on the leader- hear every excuse in the world: Oh, you struggle. Why did my people have to ship of this body: Let’s do something are all the same. What is the dif- come all the way from California, more for people. Let’s not have another ference. I can’t make a difference. It is spend their hard-earned dollars to get situation where a Senator has to go just false. It is just an excuse. on a plane? I will tell you why: Because over and protest a vote count because Show me two candidates running this was a hard bill to get before this people said they had to stand in line against each other at a local level, at a body. People objected. People com- for hours. State level, at a Federal level, and I plained. It was a hard bill to get before The PRESIDING OFFICER. The Sen- will show you the differences. If you the House. But many people worked ator’s time has expired. pay attention, you will find out the dif- Mrs. BOXER. Mr. President, I ask hard, and House Members listened to ferences, and you will cast your vote unanimous consent for 1 additional the people, and Senators listened to for the candidate that most represents minute. the people. you. You are not going to agree with The PRESIDING OFFICER. Without I want to thank my friends at the objection, it is so ordered. them 100 percent of the time. That is NAACP who were finally able to con- another issue: Oh, I used to agree with Mrs. BOXER. Then we have the peo- vince enough that, yes, this was some- him, but he did three things, and I ple of Washington, DC. They are not thing we had to do. We have to be hon- don’t agree with him anymore. Look at represented with a vote. That is wrong. est. There were attempts to weaken the totality. Look at the totality of Over 500,000 people live in this great this bill, but we succeeded in not allow- the voting record. Look at the totality city, the heart and soul of our democ- ing that to happen. of the opposition and make a decision. racy. Eighty percent are voting age. In my closing moments, I want to They can’t cast their ballots in na- Don’t just walk away. Don’t pull the say that our work does not stop today, covers over your head with excuses: tional elections for congressional rep- as Senator KERRY said and as Senator They are all alike. I can’t make a dif- resentatives. They don’t have Senators WYDEN said. For example, several of us ference. What is one vote? or Representatives here. That is why I We all know the election of John have introduced the Count Every Vote have joined Senator JOE LIEBERMAN on Kennedy was decided by a couple of Act, a comprehensive voting reform his bill that calls for full voting rights votes per precinct. It could have been bill that will ensure that every Amer- for DC residents. one vote per precinct. That is how ican indeed can vote, and every vote is So, again, I say what a privilege and close that election was. counted. honor it is for me to be here, to stand In the voting booth, we are all equal. Congresswoman STEPHANIE TUBBS here, thinking back to my days as a In the voting booth, we are all equal. JONES, who lived through a harrowing child when African Americans had to Your vote and my vote, whether you experience during the last election, go to the back of the bus in some parts are 18 years old or you are my age and with her constituents being given the of the South, feeling the pain of that a Senator, we are all equal in the vot- runaround and standing in line for 6 myself for those who had to live in that ing booth. We have one vote. We should and 7 hours. Is that the right to vote, way. So this bill is a fitting tribute to cherish it. The CEO of a giant company standing in line for 6 and 7 hours, peo- Rosa Parks and Fannie Lou Hamer and who earns multimillions of dollars a ple who have to work, people who had Coretta Scott King. I thank the Presiding Officer for his year is equal to a minimum wage work- health problems, people who couldn’t indulgence. This is a starting place for er. And if that minimum wage worker stand up, people whose legs were weak- a lot of us, and we are going to make thinks it is time he got a raise or she ening beneath them? Is that the right sure that, in fact, the right to vote is a got a raise after almost 10 years of not to vote? I say it is not the right to reality for every single one of our citi- getting a raise, he or she ought to vote, vote. I say it is harassment. zens. and vote for the candidate who sup- Senators CLINTON, KERRY, LAUTEN- BERG, MIKULSKI, and I have introduced Mr. President, I yield the floor. ports your right to join the middle The PRESIDING OFFICER. The Sen- class. the Count Every Vote Act, and I want to highlight the two key provisions ator from New York is recognized for 5 Every citizen of this country who is minutes. that are in this bill. The first is the bill eligible to vote should be guaranteed Mr. SCHUMER. Mr. President, I sa- that their vote is counted and that would require electronic voting ma- lute my colleague on her wonderful and their vote matters. That is why it is so chines provide a paper record which heart-felt words. important that we maintain the pro- will allow voters to verify their votes, Mr. President, this is a hallowed mo- tections of this historic Voting Rights and it will serve as a record if a manual ment on the floor of this Senate. We Act, such as requiring certain local- recount is needed. We go to a res- don’t have too many of these hallowed ities with a history of discrimination taurant, we get a receipt. We go to the moments these days, but passing, to get approval from the Federal Gov- store, we get a receipt. We save it in working for, voting for the renewal of ernment before they make changes to case there is a problem. When we vote, the Voting Rights Act is just one of voting procedures. Why is this impor- we should get a receipt. We should look those. I rise in proud and full-hearted tant? It is important because it is a at it, we should check it, just as we add support of H.R. 9, which is a bicameral check and balance on an area that has up the bill from the restaurant. We and bipartisan bill, thank God, to reau- in the past not shown—not shown—the should give it back and then it is thorize the Voting Rights Act. willingness to fight for every voter. stored. In case there is a problem, we The bottom line, Mr. President, is And, requiring certain jurisdictions to have a paper trail. this: Without the right to vote in a de- provide language assistance to voters The second provision: We say elec- mocracy, people have no power. And with limited English proficiency, and tion day should be a Federal holiday. while I do believe that race and racism authorizing the Federal Government to We all give speeches. We stand up and have been a poison that has afflicted send election monitors to jurisdictions we stand behind the red, white, and America for a long time, and there are where there is a history of attempts to blue. What a great, free country this is, many ways to solve that, probably the intimidate minority voters at the and indeed it is. Why shouldn’t we best is the full and unrequited power to polls, we just want to make sure these make election day a holiday so that we vote. For so long, that power was de- elections are fair, wherever they are can celebrate on every election day our nied to people of color: Blacks, His- held. freedoms, our history, our rights, our panics, and others. Now it is not being.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.068 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7995 I can tell by my own history, even So while these strides are important, they had access to the American polit- here in the Congress, the progress we they are too few and too recent to de- ical process and a voice in determining have made. When I got to the Congress clare that the promise of the Voting their future. in 1980, there were only 17 African Rights Act has been realized. The bot- The passage of the Voting Rights Act Americans in the House. Today, there tom line is that the Voting Rights Act helped expand and open our democracy are 42. That is very close to the per- has worked to remove barriers from to let in millions of our citizens. centage of African Americans in Amer- countless men and women from all The Voting Rights Act has empow- ican society. That shows you the backgrounds to participate in the po- ered thousands of communities to elect progress we have made. Without the litical process, to run for office, to candidates of their choice and has en- Voting Rights Act, it clearly would not enter and thrive in the political proc- sured that a full spectrum of voices is have happened. ess, but there is still a lot of work to heard in our national dialogue. However, we sit in the Senate, and do. We cannot and thankfully will not In stark contrast to the days prior to only last year did we again have an Af- let the act expire. the Voting Rights Act, today it is the rican American come to the Senate. Mr. President, I look forward to cast- Voting Rights Act that ensures that There is only one. So while we see the ing my vote in favor of H.R. 9 later the elections of people like Senators progress in the House of Representa- today, and urge all of my colleagues to BARACK OBAMA, DAN INOUYE, MEL MAR- tives, we also look in the Senate and do so. I am hopeful that we can have a TINEZ, DANIEL AKAKA, and KEN see how much longer we have to go. unanimous vote on the floor of this SALAZAR are no longer electoral anom- I am glad that final passage is now Senate. alies, but reflections of the will of the imminent, as leaders from both parties Mr. President, I yield the remainder communities and States they rep- are supporting this bill. Let me say of my time. resent. this act has been hailed as the single The PRESIDING OFFICER (Mr. Today, there are 81 Members of Con- most effective piece of civil rights leg- COLEMAN). The Senator from New Jer- gress of African American, Hispanic, islation we have ever passed. The rea- sey is recognized. Asian, Native Hawaiian/Pacific Is- son is it does not just simply guarantee Mr. MENENDEZ. Mr. President, I lander, and Native American descent, the right to vote in name, but it en- rise as an original cosponsor and and thousands of minorities in elected sures the effective exercise of that fun- strong supporter of the Voting Rights offices around the country. damental right. Act reauthorization. If it were not for the Voting Rights Today, when we see the Governor of One of the most fundamental of Act and its provisions, I very well may Georgia and the legislators of Georgia American values is the right to cast a not be standing before you today. impeding the right to vote, we know meaningful vote in a free and fair elec- In the 21st century, at a time when that we need a strong and full-throated tion. As the Supreme Court stated in we are working to bring democracy to Voting Rights Act. And, thank God, 1964, ‘‘Other rights, even the most both Iraq and Afghanistan, we must en- the attempts to dilute it—mainly, I am basic, are illusory if the right to vote is sure that democracy is protected here sorry to say—coming from the other undermined.’’ at home in every circumstance. One body, did not succeed. However, just over 40 years ago, in citizen unfairly discouraged from vot- Our Founding Fathers said it best many parts of the American South, it ing is one too many. When people are when they penned these words in the was almost impossible for people of denied the right to vote, they are de- Declaration of Independence: Govern- color to even register to vote. nied a say in their Government, they ment derives its just powers from the People were turned away from the are denied a say in the laws they are consent of the governed. Simply put, in courthouse when they attempted to required to obey, and they are denied a our Nation there can be no consent register, while others were jailed. We say in the policies their tax dollars without unfettered access to the voting sometimes talk romantically about the support. booth. A renewed and reenergized Vot- Civil Rights era, as if it were 200 or It has been said that those who fail ing Rights Act is exactly the right for- even 100 years ago. But the flagrant in- to understand history are doomed to mula to ensuring equality in the polit- justices that we see captured in black repeat it. That is why the annual walk ical process for all Americans. and white video reels were during a that Congressman LEWIS leads across In 1965, when President Johnson time not too long ago. the Edmund Pettus Bridge in com- signed the bill into law, there were On March 7, 1965, about 600 people at- memoration of the anniversary of the only 300 minorities elected to State, tempted to peacefully march from voting rights march is so vitally im- local, or Federal office. North, South, Selma, AL, to Montgomery, the State portant. East, and West, people of color were capital, to dramatize to the world their I was fortunate to visit Selma with not represented. Today, four decades desire to register to vote. And the him and the Faith and Politics Insti- later, in large part because of this Vot- world watched in horror as these peace- tute. Nothing brings one closer to a ing Rights Act, 10,000 minorities serve ful demonstrators, including my good sense of what those young men and as elected officials. friend and former colleague, Represent- women experienced—the hatred and I have seen the Voting Rights Act ative JOHN LEWIS, were beaten bloody. bigotry—than standing on and walking have an effect on my city. New York is That day marked a sad, sad chapter in across the Pettus Bridge with Rep- one of the most diverse cities in the the history of our Nation. resentative LEWIS and learning what country. And in our city, the Voting For some, the tragedy in Selma is happened that day over 41 years ago. Rights Act has been extremely effec- simply a footnote in a speech or a As I listened to JOHN LEWIS and the tive in ensuring that all our citizens timely anecdote during Black History other heroes of the movement, I was are able to participate equally in the Month. But we must not lose sight of reminded how average citizens com- political process. However, many of the what those brave Americans were mitted to an ideal can effect change. I act’s successes in New York—we think fighting for. And we must never forget was reminded through this pilgrimage we are a modern country and, of the price they—and others—paid for that the journey is still not finished course, a modern city—but they have their successes: Americans—Black, and that our goal must be social jus- only come since the last time we re- White, young, old, northern and south- tice—not simply social service. I was newed its provisions. The first and only ern—shed blood and, in some cases, also touched by those who suffered so African-American mayor of New York gave the ultimate sacrifice so all much having so much love in their wasn’t elected until May of 1989. The Americans could enjoy the basic right heart. It is a lesson still timely for us first and only African American wasn’t to vote. today and tomorrow. elected to statewide office until 1994. In Five months after what is now known The need for the Voting Rights Act 2002, the first and only Asian American as ‘‘Bloody Sunday,’’ the Voting Rights has not gone away. In my State of New was elected to the city council. Fi- Act of 1965 was signed into law. It Jersey, a consent decree was reached nally, just last year, a mayoral can- granted all American citizens the right after violations of the Voting Rights didate became the first and only to vote in any Federal, State, or local Act by the Republican National Com- Latino to win his party’s nomination. election and in doing so ensured that mittee and the New Jersey Republican

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.069 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7996 CONGRESSIONAL RECORD — SENATE July 20, 2006 State Committee that deterred minori- Nation’s values, purposes and meaning. Sadly, I can point to modern day at- ties from voting occurred during the Some members of the House recently tempts to deny the right to vote to 1981 gubernatorial election. This just argued that the Voting Rights Act is citizens in my own State. During the illustrates voting rights violations can somehow outdated, has outlived its in- 2004 election, the Florida Department happen anywhere and at anytime, and tended usefulness, and that it unfairly of Law Enforcement created a list of are unfortunately a part of the historic punishes those covered jurisdictions for 48,000 convicted felons. This list was fabric of our election process. Such vio- past actions and sins. I have nothing then sent to the 67 supervisors of elec- lations were so widespread in the 2000 but respect and esteem for that body, tion in Florida, who were given the in- elections that Congress enacted the and look fondly upon my years of serv- structions to strike those 48,000 con- Help America Vote Act. If anything, ice in that Chamber; but, I whole- victed felons from the rolls. The public need to strengthen and update the Vot- heartedly disagree with some of my was denied meaningful access to the ing Rights Act is demonstrated in new former colleagues. lists to verify its accuracy because of a ways every year. In enacting the original Voting law passed by the legislature in the The Voting Rights Act has been ef- Rights Act and its four reauthoriza- previous few years. fective in eliminating barriers to the tions, past Congresses have declared to CNN challenged the constitutionality ballot box. Yet, several key provisions the world that America stands for free- of the law under the Florida Constitu- of the act regarding preclearance, ob- dom and democracy. But our rhetoric tion. This Senator participated in that servers, and language assistance are of equality and freedom must be rati- challenge by filing what is called an scheduled to expire in 2007. H.R. 9 will fied by an authentic pursuit of true amicus curiae brief, or a friend of the reauthorize these important and tem- freedom, true equality, and true demo- court brief. A courageous Florida cir- porary provisions for an additional 25 cratic ideals. If we are to be a beacon of cuit judge declared the law unconstitu- years. Personally, I support making democracy and freedom to Baghdad, tional. these provisions permanent. Beirut and Beijing—then we must first When the Miami Herald got their H.R. 9 is the product of a thoughtful, be a beacon of freedom and democracy hands on the list of 48,000 names of con- thorough, bipartisan, and bicameral ef- to Bloomfield, Buffalo, and Bir- victed felons, guess what they found. fort that carefully weighed the com- mingham. First of all, they found the list was peting concerns and considerations Over 40 years ago, Senators stood on overwhelmingly minority; second, they that have been a part of the Voting the floor of this Chamber to right a found that the list was overwhelmingly Rights Act debate since its original monumental wrong inflicted upon mil- minority African American; and third, passage. As my colleagues well know, lions of Americans. Inspired by the they found about 3,000 legitimate reg- the act has been extended on four other quiet strength and principled courage istered voters on that list who were not occasions, very possibly making it the of JOHN LEWIS and others like him, this convicted felons. If not for that lawsuit 3,000 legiti- most carefully reviewed civil rights body acted out of courage, conviction, mate registered voters with names that measure in our Nation’s long history. and conscience. This legislation we have before us I don’t know what senators will say were similar to the names of convicted today would renew the Voting Rights 40 years from now. But, if nothing else, felons would have gone to the polls on Act’s temporary provisions for 25 it is my prayer that they will say this Election Day in November of 2004 and years; restore the ability of the Attor- Senate kept faith with the highest been told they were not a registered ney General, under section 5 of the act, ideals and promises of this great Na- voter and they could not vote. It is 41 years since the Voting Rights to block implementation of voting tion. And that Senators from all cor- Act. This just happened 2 years ago. changes motivated by a discriminatory ners of America, and of all political We’re getting closer to the ideal, we’re purpose; clarify that section 5 is in- stripes, stood up in defense of democ- tended to protect the ability of minor- just not there yet. racy and freedom here at home. Reauthorizing the Voting Rights Act ity citizens to elect their candidates of I urge my colleagues on both sides of is going to move us further down the choice; and authorize recovery of ex- the aisle to strongly support this legis- road and, most importantly, it will en- pert witness fees in lawsuits brought to lation and in doing so protect the vot- sure that we never turn back. enforce the Voting Rights Act. ing rights of all Americans. Today, as I cast a vote in favor of re- The right to vote is so fundamental I yield the floor. authorizing the Voting Rights Act, I to our citizenship, so vital, that we as The PRESIDING OFFICER. The Sen- hope and pray that 25 years from now, Members of Congress must make every ator from Florida. at the end of the authorization of this effort to ensure that this right is a re- Mr. NELSON of Florida. Mr. Presi- act, our country will have progressed ality across the length and breadth of dent, in the years before the Voting so that we do not have to continue this this great Nation. The Voting Rights Rights Act was signed into law by particular debate. Act ensures that all American citizens President Johnson, discrimination and I yield the floor and suggest the ab- have access to both the ballot box and brutal force were used to deny African sence of a quorum. the American political process, and a Americans the right to vote as guaran- The PRESIDING OFFICER. The voice in determining their future. That teed by the 15th amendment. clerk will call the roll. is why the Voting Rights Act remains There are stories of local election of- The legislative clerk proceeded to so desperately needed and why Con- ficials requiring Black residents to call the roll. gress must reauthorize the special pro- pass arbitrary tests, like correctly Mrs. LINCOLN. Mr. President, I ask visions that are set to expire. guessing the number of bubbles that a unanimous consent that the order for In addressing a joint session of Con- bar of soap would produce, before being the quorum call be rescinded. gress on the very legislation we are de- allowed to register to vote. And, of The PRESIDING OFFICER. Without bating today, President Lyndon Baines course, there were the more insidious objection, it is so ordered. Johnson said: forms of intimidation, which is a very Mrs. LINCOLN. Mr. President, I join In our time we have come to live with the sad chapter in the history of this coun- my colleagues today to speak in sup- moments of great crisis. Our lives have been try, with African Americans being port of reauthorizing the Voting Rights marked with debate about great issues— lynched and murdered for attempting Act of 1965. No act has done more to issues of war and peace, issues of prosperity to vote or registering others to vote. change the course of our Nation’s his- and depression. In the 41 years since the enactment tory than this. I am pleased to see both But rarely in any time does an issue lay bare the secret heart of America itself. Rare- of the Voting Rights Act, America has sides of the aisle set aside their dif- ly are we met with a challenge, not to our inched closer to its promise of an inclu- ferences to ensure its passage today. growth or abundance, or our welfare or our sive society, where everyone, regard- I first offer my thanks to Senators security, but rather to the values, and the less of race, regardless of religion, re- LEAHY and SPECTER for their work in purposes, and the meaning of our beloved na- gardless of economic class or regard- getting this legislation to the Senate. I tion. less of gender, has an equal oppor- also thank Senators REID and FRIST for We must heed President Johnson’s tunity to succeed. We are not there their efforts in bringing all sides to- admonition and take inventory of our yet. gether to renew this historic law.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.016 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7997 This act protects and preserves our happens. Since becoming law in 1965, tive session for consideration of the democracy by ensuring that every cit- the number of African Americans and following executive calendar numbers izen is given the same opportunity to other minority voters who are reg- en bloc, under the designated times: participate in the political process. istered and able to vote has increased Calendar No. 762, Neil Gorsuch, 5 min- The strength of our democracy, as well dramatically. As an example, my home utes each for Senators SPECTER, as its existence, depends on the fact State of Arkansas saw an increase of LEAHY, ALLARD, and SALAZAR; Calendar that the Government is created to per- more than 33,000 African-American reg- No. 763, Bobby Shepherd, 5 minutes form, to exist, and to excel only when istrants immediately after the act was each for Senators SPECTER and LEAHY, those who are governed participate in passed. Extending the provisions of and 10 minutes each for Senators it. Without this assurance, this oppor- this legislation will ensure that we PRYOR and LINCOLN; Calendar No. 765, tunity to participate in that political continue to build on the gains we have Daniel Jordan III, 5 minutes each for process, our democracy could not exist. made since it first passed. Senators SPECTER, LEAHY, COCHRAN, Without the right to participate freely We have men and women spread and LOTT; Calendar No. 766, Gustavo in elections, a citizen’s ability to effect across the globe, fighting for democ- Gelpi, 5 minutes each for Senators change in his or her community is racy and freedom. They are fighting for SPECTER and LEAHY. highly limited. the right of citizens to hold free elec- I further ask unanimous consent that We are given, each of us, many God- tions in which all, regardless of race, following the use or yielding back of given gifts, but our responsibility with gender or creed, can participate. In the debate times above, the Senate pro- those gifts is to give of those gifts to many cases, this cannot be achieved ceed to a vote on passage of H.R. 4472, those around us, to our community and without violence, unfortunately. Truth to be followed by consecutive votes on to our country, to our fellow man. be told, we are not so far removed from the confirmation of the above-listed Without being able to participate in our own violent past. nominations in the order specified, this community, we are not able to But by the mercy of God, we today without intervening action or debate, fully give back. will extend the blessings of liberty to and that following those votes, the I think it is important to remember all Americans with the recording of a President be immediately notified of what we are voting for today. Men and vote and the swipe of a pen. That is a the Senate’s action, and the Senate women not much older than I am made miracle that we dare not forget. Be- then resume legislative session. great sacrifices to be able to perform cause of what we do tomorrow, the men The PRESIDING OFFICER. Is there that most basic right of free men and and women who marched and stood objection? free women—the right to vote. It is still and sat down and stood up and re- Without objection, it is so ordered. easy to take for granted. We often do. joiced and cried and ultimately over- Mr. FRIST. Mr. President, again, But we cannot forget that this docu- came, can be proud, proud that their very briefly, what that means is that ment represents the pain and hope of legacy will be carried on. we will be voting at approximately 4:30. millions of Americans. It represents I suggest the absence of a quorum. We will then move to the John Walsh their efforts and their prayers. The PRESIDING OFFICER. The child predator bill, have debate on The things that we do without giving clerk will call the roll. that, and have debate on the judges, them much thought, were not so for The legislative clerk proceeded to and then we will have stacked rollcall many of our fellow Americans. When call the roll. votes beginning at approximately 7:15 we go to eat lunch, we sit wherever we Mr. DODD. Mr. President, I ask unan- or 7:30 tonight. would like. When we go to the movies, imous consent that the order for the The PRESIDING OFFICER. The Sen- we sit wherever we would like as well. quorum call be rescinded. ator from Connecticut is recognized. When we ride the bus, we sit wherever The PRESIDING OFFICER. Without Mr. DODD. Mr. President, it is with a we like, and when we get to the polls, objection, it is so ordered. great sense of pride and privilege that we take our ballot and we cast it with- The majority leader is recognized. I rise today in strong, strong support of out thinking about it. Mr. FRIST. Mr. President, briefly, I H.R. 9, the Fannie Lou Hamer, Rosa It is easy for us to forget that it has want to propound a unanimous consent Parks, and Coretta Scott King Voting not always been so. By way of example, request which has been agreed to by Rights Act Reauthorization and the mother of one of my staff members the leadership on the other side. And Amendments Act of 2006. became deeply involved in voter reg- then people will know the scheduling In my view, of all the values which istration as a young college student in for today and tonight. underpin a democracy, none—none—is the early 1960s. She was determined to Mr. President, I ask unanimous con- more essential than the right of a cit- secure the right to vote for herself and sent that the vote on the pending bill, izen to participate in the election of for her community. It was a life-or- H.R. 9, occur at 4:30 today, with Sen- those who will govern and represent death decision. She and her fellow stu- ator REID recognized from 4 to 4:15 and them. dents were told if they tried to encour- Senator FRIST in control of the time Voting is the participatory voice of age African Americans in the commu- from 4:15 to 4:30; provided further that our form of democracy. It is impera- nity to register, that they would be the remaining time be under the con- tive, in my view, that we reaffirm this killed. They had every reason to take trol of the minority. fundamental principle by expeditiously that threat seriously, but it didn’t I ask unanimous consent that fol- reauthorizing this fundamental voting matter to them. They knew that this lowing the vote on passage of H.R. 9, rights legislation. It is for this reason right, the right to vote, was worth the the Voting Rights Act, the Senate pro- that I will vote in favor of the Voting cost, and they continue to encourage ceed to the immediate consideration of Rights Act extension. America must people to register and to vote. By the Calendar No. 379, H.R. 4472. I further overcome its legacy of discrimination grace of God, no one was killed, but we ask consent that the Hatch amendment in voting. know that others around the Nation at the desk be agreed to, and there Let me, first of all, applaud our col- were not so lucky. then be 2 hours of debate equally di- leagues, if I may, the leaders of the Ju- These are the stories we must re- vided between the leaders or their des- diciary Committee, Senator SPECTER, member. We must ensure that no fu- ignees, and that following the use or Senator LEAHY, and Senator KENNEDY ture generation of Americans will ever yielding back of time, the bill, as for their extraordinary efforts to de- have to endure second-class citizenship amended, be read a third time, and the velop a truly bipartisan piece of legis- again. As elected officials, we are bill be temporarily set aside with the lation that has been brought to the charged with representing and pro- vote on passage occurring after consid- floor here today. I feel very strongly tecting the interests of our States and eration of the judges in executive ses- about the need to reauthorize this law, our districts. It is of utmost impor- sion. I further ask unanimous consent and I commend our colleagues for the tance that we are elected by a fair rep- that following passage of the bill, the leadership they have shown in marking resentation of our constituents. title amendment be agreed to; provided up a bill that I gather passed unani- The Voting Rights Act has played an further that following the debate on mously out of the Judiciary Committee enormous role in making sure that H.R. 4472, the Senate proceed to execu- and is before us today.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.071 S20JYPT1 ccoleman on PROD1PC71 with SENATE S7998 CONGRESSIONAL RECORD — SENATE July 20, 2006 It was about 40 years ago when I was Rosa Parks was another pioneer of of law. A little more than 5 years ago, sitting up in these Galleries, watching the civil rights movement. As a seam- we had an election in this country that the U.S. Senate as it engaged in an im- stress in Montgomery, AL, she fa- forced us to confront the harsh reality passioned debate among our prede- mously challenged the Jim Crow laws that millions of Americans continue to cessors in this Chamber about whether of segregation in 1955. Mrs. Parks once be systematically denied their con- to extend to all Americans equal rights recalled that as a young child: stitutional right to vote. at the polling place. I was a college I’d see the bus pass every day. . . . But to Every citizen deserves, of course, to student at the time. I listened to one me, that was a way of life; we had no choice have his or her vote counted as well. U.S. Senator say: but to accept what was the custom. The bus There are legal barriers, administra- was among the first ways I realized there Freedom and the right to vote are indivis- tive irregularities, and access impedi- was a black world and a white world. ible. ments to the right to vote which ad- Her historic refusal to give up her That U.S. Senator was my father, versely and disproportionately impact bus seat to a white passenger led to her Thomas Dodd of Connecticut, speaking voters according to their color, eco- arrest, and sparked a citywide boycott about the Voting Rights Act in that nomic class, age, gender, disability, of the bus system, which triggered two language, party, and precinct. That is year. As I watched my father and his Supreme Court decisions outlawing wrong. It is unacceptable. It is un- colleagues engage in a very heated de- segregation on city buses. In my view, American. And it needs to be changed. bate, I was proud of how many Mem- her silent protest launched the It was unacceptable in 1965, and it is bers of this body, on both sides of the modernday civil rights movement. And reprehensible in the year 2006. Congress aisle, worked to end discriminatory we owe her a great deal of debt for her must now reauthorize the expiring por- voting practices, Republicans and courage. tions of the Voting Rights Act to con- Democrats alike coming together. In describing this incident, Mrs. tinue to protect and preserve the vot- It was following this debate, in 1965, Parks later recalled: ing rights of all Americans. that Congress took up and passed the I have been closely following the re- Voting Rights Act—the first being the People always say that I didn’t give up my seat because I was tired, but that isn’t true. authorization process in both Cham- Civil Rights Act—as a response to the I was not tired physically, or no more tired bers. I was apprehensive when House pervasive and explicit evidence of dis- than I usually was at the end of a working Republicans attempted to amend the enfranchisement of African-American day. No, the only tired I was, was tired of Voting Rights Act to undermine some and other voters in several States in giving in. of its very key provisions—essentially our country. For more than four decades, Mrs. weakening this very important and The Voting Rights Act was designed, Parks dedicated herself to the fight for fundamental law. They tried to repeal of course, as we all know, to protect racial equality. I strongly believe that the current formula of section 5 in and preserve the voting rights of all if Mrs. Parks had not refused to give up order to exempt States with histori- Americans. Since 1965, this act has her seat and had gone to the back of cally discriminatory voting practices been the cornerstone of voting rights the bus that day we would not be here from continued coverage. They wanted in our country, and its success is a today considering this historic legisla- to expedite the ‘‘bailout’’ process over- tribute to those who have labored to tion. riding the sensible framework for juris- create it. Let me mention the third individual dictions to demonstrate that they I would be remiss if I did not pay for whom this act is being named should not be subject to continuing tribute to those that this act is named today. section 5 coverage. They wanted to re- for: Fannie Lou Hamer, Rosa Parks, Coretta Scott King, of course, the quire us to reauthorize the Voting and Coretta Scott King. Many may re- wife of Dr. Martin Luther King, joined Rights Act in only 10 short years. Fi- call, it was Fannie Lou Hamer who her husband and thousands of others to nally, in what I think is the most once commented that she was ‘‘sick march from Selma to Montgomery, AL, alarming attempt to weaken this vital and tired of being sick and tired.’’ In on Sunday, March 7, 1965. That march, law, House Republicans wanted to 1962, Mrs. Hamer, the youngest of 19 of course, galvanized the core political strike section 203 which ensures that children, daughter of sharecroppers, will behind the civil rights movement all American citizens, regardless of and granddaughter of slaves, attended and served as a catalyst for the Voting language ability, are able to partici- a voting registration drive held by the Rights Act. pate on a fair and equal basis in elec- Student Nonviolent Coordinating Com- These three women worked for a bet- tions. mittee. There she learned that African ter life and an inclusive society for not I believe all Americans who are vot- Americans indeed had the constitu- only themselves and their children, but ing should learn to speak the English tional right to vote. also for future generations of Ameri- language. It should be our goal that all She was the first to volunteer for a cans. American citizens who vote should be dangerous mission to the Indianola, They selflessly and nonviolently able to understand an English language MS, courthouse to register to vote. challenged the laws and customs they ballot. That is something we are wres- Courageously, she declared: believed were wrong. And they were tling with all the time. But we also [T]he only thing they could do to me was right. Their ability to speak ‘‘truth to recognize there are many here who are to kill me, and it seemed like they’d been power’’ became their legacy. All three in the process of transition. Many of trying to do that a little bit at a time ever are iconic in the fight for the right to our citizens speak only one language as since I could remember. vote and a better life for all Americans. they are learning English. That makes When Mrs. Hamer reached the court- Let me go on to point out here—I them no less deserving, if they are citi- house, she and her companions were will not go into the specific sections of zens, of the basic rights and liberties beaten and jailed. But she was not de- this bill. I know others have talked which all Americans should expect and terred. She went on to travel the coun- about that, why these sections are nec- are entitled to. Section 203 must be re- try to encourage others to vote and essary to be continued for another 25 tained or its unique ability to remove later founded the Mississippi Freedom years. Let me, if I can, address some of barriers to this fundamental right to Democratic Party to challenge the all- the concerns that were raised in the vote and to help promote meaningful white Mississippi delegation at the other body in objections to the Voting participation among all segments of Democratic Convention—not in the Rights Act, if I may—those who ques- our society will be in jeopardy. 19th century, not in the early part of tion why divisions of a 41-year-old law I am grateful that the civil rights the 20th century—but in 1964. deserve to be reauthorized. And while I groups, the Leadership Conference on The Voting Rights Act was signed agree, progress has certainly been Civil Rights, the NAACP, the National into law a year later. In my view, if made—and we are all grateful for Council of La Raza, the AFL–CIO and Mrs. Hamer had not risked her life and that—we still have many obstacles to others, have worked so closely with limb in order to register to vote, the overcome in the conduct of our elec- Democratic Members of the House of plight of minority voters shut out of tions. Representatives to prevail over this ad- their own democracy may have contin- Progress cannot be left to just ser- versity and were able to defeat every ued, unfortunately. endipity. It must be guided by the rule single one of these amendments.

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.073 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S7999 Central to the foundation of our promised Federal funds for require- 92 to 2 after a lengthy debate. We au- democratic form of government is, of ments grants and an additional $74 mil- thorized close to $4 billion to the course, the right to vote. The Voting lion short in disability access grants. It States to allow them to improve voting Rights Act today facilitates and en- is my intent to offer an amendment to systems. sures that right. In a representative de- the Treasury-Transportation-HUD Ap- It is not a perfect bill, but it is a mocracy, voting is the best avenue, of propriations bill for fiscal year 2007 to major step forward. In the coming course, by which voters can gain access fully fund the requirement grants to weeks, when we will have appropria- and influence lawmakers in Federal, States under HAVA, when that bill tions matters before us, and as I said, I State, and local governments. Voting comes to the Senate floor for debate. will be offering amendments to fully gives the people a voice. We must pro- But even the HAVA minimum require- fund the HAVA bill and other such tect their ability to be heard and to ments are only a first step to address- changes as I have offered in separate speak. ing the continuing impediments faced legislation to strengthen that par- Yesterday, I had the great privilege by voters across this Nation. ticular effort. But it was important on of meeting with 40 representatives To address additional election ad- this bill that we not complicate this from the Connecticut chapter of the ministration deficiencies, I introduced important piece of legislation with NAACP about this important reauthor- legislation in January of last year, S. modifications to the HAVA bill or addi- ization. 17, the Voting Opportunity and Tech- tional ideas to improve voting access Their message was clear: the critical nology Enhancement Rights Act of in this country. But we need to con- protections offered by the Voting 2005, or the VOTER Act. The Voting tinue to work at it. It is unfortunate Rights Act must be extended. We are Opportunity and Technology Enhance- that in our country in too many of our not on the Floor today to reauthorize ment Rights Act of 2005, or the VOTER elections the right to vote and have the right to vote. That right is guaran- Act, builds on the reforms begun by your vote counted depends upon the teed by the Constitution of the United HAVA, and adds to those reforms, by economic circumstances of the county States. Instead, we are here to provide including the following: providing in which you reside. That must change tools to enforce that right for all every eligible American, regardless of when it comes to Federal elections. My Americans. where they live in the world or where hope is we made a major step forward While it is critical that the Senate they find themselves on election day, with the HAVA bill, and we continue to act to reauthorize these expiring sec- the right to cast a National Federal tions of the Voting Rights Act today, it work at this on a bipartisan basis. Write-In Absentee Ballot in Federal As was said many years ago by is important to recognize that this ac- elections: requiring States to provide Thomas Paine, the right to vote is the tion alone will not secure the franchise for election day registration; requiring right upon which all other rights de- for all Americans. Much more is needed States to provide a minimum required pend. If we don’t get this one right, to be done to ensure that every eligible number of voting systems and poll then all the other rights we depend American voter has an equal oppor- workers for each polling place on elec- upon as American citizens are in jeop- tunity to vote and have their vote tion day and during early voting; re- counted. ardy. The Voting Rights Act speaks to In addition to the obstacles that the quiring States to count a provisional that claim more than two centuries Voting Rights Act is designed to ad- ballot for Federal office cast within the ago, that the right to vote is the right dress, too many Americans still face State by an otherwise eligible voter, upon which all other rights depend. impediments to voting. The Presi- notwithstanding the polling place in What a great message that would be to dential elections of 2000 and 2004 are re- which the ballot is cast; requiring that the American public that we still un- plete with examples of such obstacles, all States provide voters a voter- derstand this Nation has yet to achieve including: too few polling places or too verified ballot with a choice of at least the perfection that its Founders de- few voting machines to serve the turn- 4 formats for recording their signed, but each generation strives to out; eligible voters’ names not on the verification: a paper record; an audio make it a more perfect union. Passage registration list; errors in the registra- record; a pictorial record; and an elec- of this bill today will be a step in that tion lists; malfunctioning machines tronic record or other means which is direction. and machines that produce no audit fully accessible to the disabled, includ- I urge my colleagues to join me in trail; eligible voters turned away at ing the blind and visually impaired; re- achieving a unanimous vote to reau- the polls; disabled voters unable to cast quiring States to provide public notice thorize the expiring provisions of the a secret ballot; voters unable to correct of any registration list purges not later Voting Rights Act for another 25 years. mistakes on ballots or even receive a than 45 days before a Federal election; In 1965, a bipartisan coalition of Sen- new ballot if their ballot was spoiled, allowing voters to attest to their citi- ators came together to pass this his- to name only a few. zenship and age on voter registration toric bill for the first time. Today, pas- Congress addressed some of these im- forms; and providing additional Fed- sage of this act is vital to bring about pediments in the landmark legislation eral funds to States to implement the day for America envisioned by enacted following the debacle of the these new requirements. those for which it is named. Coretta presidential election in 2002 in the Help Once Congress has completed its ac- Scott King, Fannie Lou Hamer, Rosa America Vote Act, or HAVA, which I tion on the Voting Rights Act, it is im- Parks, and countless others worked was pleased to author in the Senate. perative that the Senate turn its atten- tirelessly to guarantee the ability of That legislation established Federal tion to these further election adminis- all Americans to exercise their right to minimum requirements that all States tration reforms. As the ranking mem- vote. Mr. President, we honor their must have in place by the Federal elec- ber of the Senate Committee on Rules work today by passing this important tions this year. Those requirements in- and Administration, which has juris- legislation. Thank you. I yield the clude allowing any voter who is chal- diction over election reform issues, I floor. lenged at the polls to cast a provisional look forward to that debate and the ac- The PRESIDING OFFICER. The Sen- ballot, which is set aside and counted tion of the Senate to ensure that every ator from Maryland. after eligibility, is confirmed. States eligible American voter has an equal Mr. SARBANES. Mr. President, I must also meet new Federal minimum opportunity to cast a ballot and have commend the very able Senator from standards for voting systems, including that ballot counted, regardless of color Connecticut, not only for the very elo- providing second-chance voting, ensur- or class, gender or age, disability or na- quent statement he made but for the ing disability access, and providing for tive language, party or precinct, or the leadership which he has shown with re- a permanent paper record for auditing resources of the community in which spect to this critically important issue purposes. And States must implement they live. of the right to vote. The Senator from a statewide, computerized registration I am very grateful to the Leadership Connecticut has framed and crafted list to serve as the official registration Conference on Civil Rights and the and brought to the floor of the Senate list for Federal elections. NAACP. They were such strong sup- in recent years extremely important Congress has not fully funded HAVA. porters of the Help America Vote Act. legislation designed to assure all The States are $724 million short in the That bill passed the Senate by a vote of Americans their right to the ballot,

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.075 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8000 CONGRESSIONAL RECORD — SENATE July 20, 2006 thereby strengthening the very fun- that ballfield,’’ remembers Congress- right. Ensuring that all citizens can damentals of our democracy. I would man LEWIS, ‘‘had come straight from vote and that every vote counts is be remiss if I did not take advantage of church. They were still wearing their surely one of our highest national pri- this opportunity to express the grati- summer outfits. Some of the women orities, and the passage of time has not tude we all feel to him for his leader- had on high heels.’’ Some 600 marchers diminished the need for such protec- ship in this area. set out, two abreast. All were prepared, tions. Hearings held in the Senate and Mr. DODD. I thank my colleague quite literally, to die for the right to in the House in 2005 and 2006 revealed a from Maryland for those kind words. vote. And in the police assault that fol- new generation of tactics, including at- Mr. SARBANES. The legislation we lowed, many of them, including Con- large elections, annexations, last- have before us is as significant as any gressman LEWIS, nearly did. minute poll place changes, and redis- this Congress will consider. The Voting President Johnson’s response the fol- tricting, which have had a discrimina- Rights Act was first signed into law on lowing Saturday was very clear. He tory impact on voters, especially racial August 6, 1965, by President Lyndon said: and ethnic minority American voters. Baines Johnson. The fundamental im- The events of last Sunday cannot and will The Voting Rights Act of 1965 was en- portance of this law cannot be over- not be repeated, but the demonstrations in acted to insure that no Federal, State, stated. It is no exaggeration to say Selma have a much larger meaning. They are or local government may in any way that it both changed the nature of a protest against a deep and very unjust flaw impede people from registering to vote American society and changed the in American democracy itself. or voting because of their race or eth- course of American history. More than Ninety-five years ago our Constitution was nicity. Most provisions in the Voting amended to require that no American be de- a quarter of a century before the Vot- Rights Act, and specifically the por- nied the right to vote because of race or tions that guarantee that no one may ing Rights Act was passed, the great color. Almost a century later, many Ameri- scholar Gunnar Myrdal had written in cans are kept from voting simply because be denied the right to vote because of his landmark study ‘‘An American Di- they are Negroes. his or her race or color, are permanent. lemma,’’ his study of race in this coun- Therefore, this Monday I will send to the There are, however, three enforcement- try, that ‘‘the American Negro prob- Congress a request for legislation to carry related provisions of the act that will lem,’’ as it was then known, was by no out the amendment of the Constitution. expire in August 2007. The first is sec- means a problem only for African In signing the Voting Rights Act, tion 5, which requires certain jurisdic- Americans. Rather, he wrote, it is a President Johnson said: tions to obtain approval or problem ‘‘in the heart of the Amer- The vote is the most powerful instrument ‘‘preclearance’’ from the U.S. Depart- ican.’’ ever devised by man for breaking down injus- ment of Justice or the U.S. District Myrdal set out what he called the tice and destroying the terrible walls which Court in Washington, DC, before they American creed, the abiding principles imprison men because they are different can make any changes to voting prac- on which this Nation is founded. The from other men. tices or procedures. The second provi- American creed, he said, ‘‘is the ce- Indeed, the act marked a decisive sion that will expire is section 203, ment in the structure of this great and turning point in the long and arduous which requires certain jurisdictions to disparate nation . . . encompassing our road we know as the civil rights move- provide bilingual language assistance ideals of the essential dignity of the in- ment. Since its enactment, the Voting to voters in communities where there dividual human being, of the funda- Rights Act has been extended and is a concentration of citizens who are mental equality of all men [and amended four times to address prob- limited to English proficient. The third women], and of certain inalienable lems of bigotry and discrimination are those provisions in sections 6 to 9 rights to freedom, justice, and a fair that may take subtler forms than which authorize the Federal Govern- opportunity.’’ These ideals are ‘‘writ- those confronting the Selma marchers ment to send Federal election exam- ten into the Declaration of Independ- in 1965, but that are no less insidious in iners and observers to certain jurisdic- ence, the Preamble to the Constitu- undermining the constitutional prin- tions covered by section 5 where there tion, the Bill of Rights, and into the ciples by which we aspire to live. As is evidence of attempts to intimidate constitutions of the several states.’’ our able colleague, the distinguished minority voters at the polls. The legis- Regrettably for much of our history, Senator from Vermont, Mr. LEAHY, the lation before the Senate today reau- our Nation failed to live up to its most ranking member on the Judiciary Com- thorizes the portions of the Voting cherished principles. Our great chal- mittee, has noted, in reauthorizing and Rights Act that will expire next year lenge, as one observer has put it, has extending the act, we are, in fact, revi- and will allow the Federal Government always been ‘‘to live up to the ideals of talizing it. We do so not only to honor to address new challenges. the American Creed or face a deteriora- the courageous men and women who, Today we are mindful of the fact that tion of the values and visions that such as Congressman LEWIS and Fannie nearly 41 years ago, thousands of indi- unite and make it great.’’ Lou Hamer and Rosa Parks and viduals risked their lives and some died Myrdal’s study was, in effect, the Coretta Scott King and so many oth- in the challenge of systems that pre- 20th century equivalent of Thomas Jef- ers, risked and in some cases sacrificed vented millions of Americans from ex- ferson’s ‘‘fire bell in the night.’’ Yet their lives to uphold American prin- ercising their right to vote. For a hun- more than a generation passed between ciples, but to build a stronger founda- dred years after the Civil War, millions the publication of Myrdal’s study and tion for the Nation we will leave to our of African Americans were denied this the passage of the Voting Rights Act. children and grandchildren. fundamental right, despite the 15th As we debate this legislation and recall The committee brought this bill to amendment to the Constitution that the tremendous sacrifices of Fannie the Senate floor having constructed a prohibited the denial of the right to Lou Hamer, Rosa Parks, and Coretta compelling record that shows we have vote on the basis of race. Poll taxes, Scott King, after whom the legislation made progress but that entrenched dis- literacy tests, and grandfather is named, I also call to my colleagues’ criminatory practices—some obvious c1auses—as well as violence—were used attention the riveting autobiography and some hidden—remain. In uniting to to deny African-American citizens the of our House colleague Congressman support H.R. 9 and enacting this legis- right to vote in many Southern States. JOHN LEWIS who for 20 years has rep- lation, we will be acting in a spirit true During the 1960s, to secure this most resented Georgia’s ninth district with to our better selves, to our Nation, and basic right, the cost was high: church such great distinction. to the generations yet to come. burnings, bombings, shootings, and On March 7, 1965, JOHN LEWIS was in Mr. LEVIN. Mr. President, I strongly beatings. It required the ultimate sac- Selma, AL, his home State, preparing and enthusiastically support the rifice of ordinary Americans: James with hundreds of others to march from Fannie Lou Hamer, Rosa Parks, and Chaney, Andrew Goodman, and Michael Selma to Montgomery to assert the Coretta Scott King Voting Rights Act Schwerner, who simply sought to reg- right to vote which at that time was Reauthorization of 2006, S. 2703. The ister voters in Mississippi; Jimmie Lee granted or denied solely at the discre- right to vote is the foundation of our Jackson, whose death precipitated the tion of the State governments. ‘‘Many democracy, and the Voting Rights Act famous march from Selma to Mont- of the men and women gathered on provides the legal basis to protect this gomery; Viola Liuzzo, a White Detroit

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.077 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8001 homemaker and mother of five who want rain without thunder and lightning. support reauthorizing the Voting was killed by a Ku Klux Klansmen’s The struggle may be a moral one, or it may Rights Act today. bullet after she participated in the be a physical one, but it must be a struggle. Mr. AKAKA. Mr. President, I rise Selma to Montgomery march; and the Power concedes nothing without demand. It today in strong support of the Fannie never did, and it never will. four little Black girls killed in the Bir- Lou Hamer, Rosa Parks, and Coretta mingham church bombing—Denise Their fight, their struggle resulted in Scott King Voting Rights Act Reau- McNair, Carole Robertson, Addie Mae the Voting Rights Act being passed. thorization and Amendments Act of Collins, and Cynthia Wesley; Medgar This legislation guarantees one of the 2006, VRA. The right to vote is the cor- Evers, who had organized voter reg- most important civil rights that every nerstone of our democracy, and it is istration in Mississippi for the NAACP citizen may vote. It is the very founda- central that every American have the and was gunned down in his driveway; tion of our democracy. It has elimi- right to vote. I am a proud original co- the horrible beatings of John Lewis nated discriminatory practices such as sponsor of this bill, and I hope that the and of Fannie Lou Hamer and Aaron poll taxes and literacy tests. It has reauthorization of the VRA will con- Henry of Mississippi. Like Dr. Martin made it possible for African Americans tinue to protect our country’s demo- Luther King, Jr., and Rosa Parks, their to vote and hold elective office. cratic promise. names are forever etched in this Na- We have come a long way since the The VRA is one of the most signifi- tion’s history. original Voting Rights Act was passed cant pieces of civil rights legislation to The impact of these tragic revela- in 1965. Yet we have a long way to go. ever become law. The act reaffirms the tions and the subsequent enactment of As recent as 2004, we have seen voters 15th amendment of the Constitution, the Voting Rights Act is stark. In Ala- disenfranchised, broken election ma- which promised that the ‘‘right of citi- bama, Black voter registration in- chines, and problems with people cast- zens of the United States to vote shall creased from 0.4 percent in 1940 to 23 ing their ballots on election day. We not be denied or abridged by the United percent in 1964 and more than doubled saw this in the 2000 Presidential elec- States or by any state on account of from 1954 to 1968, to 56.7 percent. Mis- tions, too. race, color, or previous condition of sissippi’s Black voter registration went In 2000, we all learned that many bal- servitude.’’ In 1965, Congress recognized from 6.7 percent in 1964 to 54.4 percent lots, many peoples’ votes, were thrown that this promise remained unfulfilled, in 1968. And the increase was reflected out, lost, misplaced or miscounted. We and that barriers such as literacy tests in many other cities and States nation- saw election officials who did not know and poll taxes prevented many Amer- wide. the rules and some who appeared to ig- ican citizens from exercising their Let us do what we must do. Our de- nore the rules. And where did much of right to vote. The VRA has addressed mocracy depends on protecting the this happen? In minority neighbor- these problems by prohibiting discrimi- right of every American citizen to vote hoods, in cities, economically dis- nation and providing language assist- in every election. Let us resoundingly tressed areas across the Nation. I ask ance to those who needed it. reauthorize the Voting Rights Act. myself, is this just a coincidence? As an Asian American, this bill is of Ms. MIKULSKI. Mr. President, I rise Those communities don’t think so. It is personal importance to me. I know of today to give my strong support of the critical that we let them know we take many Asian Americans who have expe- Voting Rights Reauthorization Act. I their concerns seriously. rienced difficulty in the polls over the am a proud cosponsor of this important This legislation recognizes that elec- years, particularly due to language and needed legislation. tion reform is still needed. Voters are barriers. According to the 2000 Census, In 2006, there are still places in scared to come forward and cast their 77 percent of Asian Americans speak a America where voters are intimidated vote in some parts of this country. language other than English in their and turned away from the polls. Ameri- There are places where voters are not homes. Asian Americans who came as cans are being denied the most basic getting assistance at the polls whether refugees are the most likely to face and fundamental right as an American it is language access or access to accu- language barriers. For example, 67 per- the right to vote. That is why this bill rate information. This is unacceptable. cent of Vietnamese Americans over 18 is needed more than ever. It is un-American. are limited English proficient. They I am proud to be here to speak as the Reauthorizing the Voting Rights Act follow the news closely, but often by Senator from Maryland. From the dark will help guarantee the right to vote accessing newspapers and other media days of slavery to the civil rights for all Americans. The bill does four in their native languages. Section 5 of movement, Marylanders have led the important things. First, it requires the VRA will help provide Asian Amer- way to end discrimination. The bril- States with a history of racial dis- icans with equal access to the polls, en- liant Frederick Douglass, who was the crimination to have their voting laws suring that they are able to participate voice of the voiceless in the struggle precleared by the Department of Jus- in the political process and empow- against slavery; the courageous Harriet tice. This extra layer of oversight is ering them to make a difference in Tubman, who delivered 300 slaves to still necessary to protect minority vot- their communities. freedom on her Underground Railroad; ers. Second, it prohibits all States from Over the years, our country has come and the great Thurgood Marshall, from imposing any requirements that would a long way. But unfortunately, barriers arguing Brown v. Board of Education deny a U.S. citizen the right to vote to equal political participation remain. to serving as a Supreme Court Jus- based on race, color, or language abil- Some minority voters still face obsta- tice—all were Marylanders. ity. Third, it requires language assist- cles to making their political voice Not just Marylanders but civil rights ance at the polls if a U.S. citizen has heard. There is evidence of attempts to leaders and activists from all over this difficulty speaking or reading English. mute the strength of minority voters country fought hard to get the right to Finally, it authorizes the Federal Gov- via unfair redistricting. Further, the vote. Over 600 people marched from ernment to send Federal election mon- lack of bilingual ballots prevents some Selma to Montgomery they were itors to minority voter districts to pre- voters from even casting their vote. stopped, beaten, but not defeated. vent voter intimidation. This type of ongoing discrimination These brave men and women continued This is not a Republican or a Demo- proves why we still need the VRA. to march, continued to fight until they cratic issue. Ensuring that every reg- Over the years, Congress has reau- got the right to vote. istered voter who wants to vote can thorized the VRA four times. The bill They had to challenge the establish- vote is not a partisan issue. It is what before us today would reauthorize ment and to say ‘‘now’’ when others America stands for. three key enforcement provisions of told them to ‘‘wait.’’ Holding dear to We must stand up for what America the VRA which would otherwise expire their hearts the words of Frederick stands for: opportunity, equality, and in 2007: Section 5, which requires juris- Douglass: empowerment. We must make sure dictions with a history of discrimina- If there is no struggle, there is no progress. there is no discrimination of any kind, tion to obtain Federal clearance before Those who profess to favor freedom, yet dep- anywhere in America whether it is the introducing new voting practices or recate agitation are men who don’t want old-fashioned kind or the new-fash- procedures; Section 203, which requires crops without plowing the ground. They ioned kind. I urge my colleagues to communities with large populations of

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.017 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8002 CONGRESSIONAL RECORD — SENATE July 20, 2006 non-English speakers to provide lan- commission to conduct an investiga- needed to break the 95-year-old obsta- guage assistance; and Section 8, which tion into vote discrimination in prepa- cle to Black voter participation. authorizes the Attorney General to ap- ration for this most recent reauthor- The Voting Rights Act of 1965 pro- point Federal election observers to en- ization proposal. The conclusions of vided the solution. That law was and sure that minority citizens will have the Commission, echoed in the many remains unique by enforcing the law full access to the ballot box. congressional hearings held on the law, before a new State voting statute goes There is no question that all of these was that, while the Voting Rights Act into effect rather than fighting it out provisions are important and nec- has successfully eliminated systematic after the fact for years in court. The essary, and I commend the members of efforts to disenfranchise voters, re- section 5 ‘‘pre-clearance’’ procedure— the Judiciary Committee for their strictions to ballot access and weak- along with the banning of literacy strong bipartisan work on this issue. I ening of the minority vote are still oc- texts, poll taxes, and the like—finally hope my colleagues will join me in sup- curring. In fact, the Commission re- worked. Soon, African-American voters porting this critical piece of legisla- ported that attempts to repress the mi- did not face an unequal burden to sim- tion, and I look forward to the Presi- nority vote, ‘‘are still encountered in ply exercise their constitutional right dent signing it into law. every election cycle across the coun- to vote. Mr. REED. Mr. President, as a co- try,’’ citing deterrents against English- Yet our work was far from over in sponsor of the Senate bill, I am pleased language minorities, unduly burden- 1965. Arguably, the great successes of the Senate is considering the Fannie some requirements for registration and the act we speak of today would not Lou Hamer, Rosa Parks, and Coretta voting, and election laws that result in have been realized had Congress not Scott King Voting Rights Reauthoriza- vote dilution. Unfortunately, the 41 amended and extended the act in 1970, tion and Amendments Act, H.R. 9. years this law has been in effect have 1975, 1982 and 1992. Important improve- The Voting Rights Act was signed not yet overcome centuries of discrimi- ments were made to the Act during into law 41 years ago as a direct reac- natory practice. that time, including the addition of bi- tion to the vicious attacks against Since the last reauthorization, the lingual voter assistance in certain ju- civil rights demonstrators crossing the Supreme Court, in Reno v. Bossier Par- risdictions with a substantial number Edmund Pettus Bridge in Selma, AL. ish II and Georgia v. Ashcroft, has also of non-native English speakers. Ac- After these attacks, President Johnson curtailed the intent of section 5 of the cordingly, our bill includes amend- was able to end a long deadlock with Voting Rights Act, deciding that the ments which address recent Supreme certain Members of Congress attempt- act does not prohibit redistricting with Court decisions that have made en- ing to weaken the legislation. The act the purpose or effect of weakening mi- forcement of some parts of the act un- clear. passed in August 1965 and successfully nority votes. Many of the changes in As we all know, key provisions of the prohibited measures that localities had the bill before us were drafted as a di- Voting Rights Act are set to expire developed to disenfranchise racial and rect response to these cases. This act ethnic minorities, such as literacy next year. We have made enormous not only renews the expiring provi- gains for voting rights since 1965, but tests, ‘‘grandfather clauses,’’ character sions, it restores the original intent of we should not assume that the vig- assessments, poll taxes, and intimida- section 5 by prohibiting the approval of orous protections of the act have out- tion techniques, often violent. It was any proposed election law change hav- lived their use. To the contrary, ex- also drafted to prevent the racial ger- ing the effect of diluting a minority tending the act for another 25 years rymandering, at-large election sys- voting population. will ensure that these hard-fought tems, staggered terms, and runoff re- As my courageous colleague, John rights will remain in place. quirements certain jurisdictions were Lewis, has said, ‘‘The sad truth is dis- Evidence supports this sentiment using to dilute the effect of the minor- crimination still exists. We must not when one considers that the Depart- ity vote. go back to the dark past.’’ ment of Justice deemed 626 proposed Since then, sections 2 and 4 of the This reauthorization will provide the election law changes discriminatory law, prohibiting the use of tests and de- tools we need to honor our constitu- since the last extension of the act in vices intended to dissuade minority tional commitment to allow all of our 1982. Past experience teaches us that voting, have made obvious attempts to citizens to vote. It reinvigorates the we cannot rely upon the courts alone disenfranchise minorities a thing of the guarantee that is the foundation of our to protect the constitutional right to past. By requiring district court or at- democracy the right to vote and it is a vote. Quite simply, the Voting Rights torney general determination of wheth- pledge not to return to a time when, as Act, and specifically section 5, has er a proposed election change would Martin Luther King said, ‘‘The denial worked. The record demonstrates that abridge voting rights, section 5 has de- of this sacred right [was] a tragic be- it continues to be needed to enforce the terred measures frequently used before trayal of the highest mandates of our guarantees of the 14th and 15th Amend- 1965 to weaken minority votes. democratic tradition.’’ ments. Thanks to the original law and the I am honored to support this bill and We commend Chairman SPECTER for reauthorizations that followed, an in- would like to thank my colleagues, holding this series of hearings on the creasing number of African Americans, Senators SPECTER and LEAHY, for their Voting Rights Act. Furthermore, we Latinos, and Native Americans have work and leadership in bringing it to note the House passed its reauthoriza- been voting, decreasing the gap be- the floor. tion of the Voting Rights Act last week tween white and minority turnout. Mi- Mr. KOHL. Mr. President, today the without amendment, and I trust we can norities report fewer attempts to cur- Senate will debate and consider the and will do the same here in the Sen- tail their rights and minority districts Voting Rights Act Reauthorization and ate. Most of us believe the record dem- have allowed a greater number of Afri- Amendments Act of 2006. We can all onstrates that the act should remain in can Americans, Asian Americans, and agree that the Voting Rights Act was force, and I strongly urge my col- Hispanic Americans to be elected to of- one of the most significant civil rights leagues to support is extension. fice. The Voting Rights Act, then, has laws ever enacted in this country. Yes- MS. LANDRIEU. Mr. President, the been successful in helping to carry out terday, the Judiciary Committee Voting Rights Act of 1965 was written the promise of the 15th amendment. unanimously supported this bill, and to prevent both direct and indirect as- Since 1965, Congress has responded to today we hope the full Senate will pass saults on the right to vote. It outlawed continuing or new evidence of dis- it as soon as possible. the poll taxes and literacy tests and es- enfranchisement and vote dilution This landmark law reversed nearly tablished a system of Federal marshals through the Voting Rights Act reau- 100 years of African-American dis- to help African Americans in the South thorization process. And this reauthor- enfranchisement. It took years for Con- vote. It also required covered jurisdic- ization is no different. gress to devise a law that could not be tions to get Federal preapproval before The nonpartisan Lawyer’s Com- circumvented or ignored through changing their election laws or any mittee for Civil Rights, which Presi- lengthy litigation or creative interpre- other voting procedure. dent John F. Kennedy created to pro- tation. After numerous failures, a These changes have made our polit- mote voting equality, established a stronger remedy free of litigation was ical system more representative and

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.080 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8003 more just. The Voting Rights Act pro- the Act you have passed and that I will sign can come to Washington to meet with tects basic constitutional rights. Mil- today. his or her Senators, and I am grateful lions of African Americans have been Now is the time to renew that pledge so many people do. Across the country, added to the voting rolls since the act for freedom by reauthorizing the Vot- the number of African-American elect- was passed. In 1965, there were only 300 ing Rights Act, and I am proud to co- ed officials has increased from just 300 African American elected officials in sponsor this legislation. in 1964 to more than 9,000 today, includ- our country. Today, there are more I thank Chairman SPECTER and ing 43 Members of Congress. than 9,100 African Americans who serve Ranking Member LEAHY for their ef- But with some regret, we must con- in elected public offices and nearly forts to report this legislation out of clude that the Voting Rights Act is as 6,000 Latino elected officials. their committee with unanimous sup- necessary today as it has ever been. There are those who say that, while port yesterday. I hope the full Senate For as long as the law continues to be this act may have once been needed, it will show the same level of support violated, we still need that law. is no longer required today. I under- when the bill is voted on this after- Since 1982, when the act was last ex- stand their argument but do not agree noon. tended, there have been more than 1,000 with it. I do believe, however, that The importance of renewing this act complaints of violations of the Voting their argument is entitled to an an- was driven home to me yesterday Rights Act all across the country. Just swer. when, like many of my colleagues, I last month, the Supreme Court struck My answer is this: Renewing expiring met with a delegation from my State’s down parts of the redistricting plan in provisions of the Voting Rights Act chapter of the NAACP—here for the an- Texas because the court ruled that the will ensure that the battle for fairness nual NAACP meeting and to visit with plan disenfranchised large numbers of in our political system is carried on their congressional delegation. Hispanic voters. with the full force of law behind it. We The meeting was not only a wonder- As long as there are efforts to dilute certainly still need these protections ful opportunity to see about 40 old the votes of some or to make it more today. While many of the more obvious friends, it was a demonstration of the difficult for any of our fellow citizens and widespread abuses have been elimi- fundamental constitutional principle to vote, we need the Voting Rights Act nated, isolated cases of voting dis- that powers our Republic—the right to and the provisions that are set to ex- crimination and intimidation remain. petition the government about the pire next year. They may be subtle, but they are none- issues that matter most. I urge my colleagues to pass this leg- theless unfair and intolerable, and they Of course, it strikes me that 40 years islation today because the march to- extend to not only African Americans ago, while Senators on the floor of this ward equality must continue. But I but to others as well. A recent court very Chamber debated the original look forward to the day when it is no case described nearly two decades of Voting Rights Act, some of those con- longer needed because we have voting rights abuses against Native stituents’ own parents and grand- achieved the ideal where each and Americans in South Dakota. We have parents could not even cast a vote every vote cast in this great democracy heard about people videotaping the li- without fear for their own lives. And of ours has the same voice and carries cense plates of Mexican Americans as that was for one reason—because they the same weight and that everyone they went to vote in Dona Ana County, were Black. Those were tragic times who wants to vote can do so with ease NM, in 2004. As recently as 2001, local for America. and without fear of discrimination. officials in Kilmichael, MS, canceled I remember my own trip to Mis- I urge my colleagues to pass this leg- elections out of fear that an African- sissippi in 1963, as a senior in college islation today because the civil rights American mayor might be elected. The when I joined with friends on a trip to march must continue because we can- Voting Rights Act allowed the Justice Mississippi to draw attention to the not confuse progress with victory. Department to intervene, ensuring cause of enfranchising African-Amer- As Martin Luther King said on the that the right to vote was protected, ican voters. Our goal, like others who front steps of the Lincoln Memorial, a and 2 years late Kilmichael elected its made similar journeys, was to support speech I heard in person, we can never first African-American mayor. the fight of the young heroes of the be satisfied until every citizen can vote Mr. President, history tells us that civil rights movement—Black men and and every citizen has something to the justification for the continuance of women who. sat at lunch counters, who vote for. this law is compellingf. It also tells us refused to move to the back of the And when that day comes, when we that full and fair enforcement of this buses, who peacefully but powerfully have achieved full voting rights and law is essential, too. That is why I cast demanded the most basic rights every civil rights for all Americans, Dr. King my vote for justice. That is why I cast American deserves—including the right can look down from Heaven, his mis- my vote for the Fannie Lou Hamer, to cast a vote. sion finally fulfilled, and call out: Rosa Parks, and Coretta Scott King I like to believe our trip to Mis- ‘‘Free at last! Free at last! Thank Voting Rights Reauthorization Act. sissippi was a small step in the march God almighty, they are free at last.’’ Mr. LIEBERMAN. Mr. President, I toward equality that Dr. King and Mr. BIDEN. Mr. President, I would rise today to speak in support of the other civil rights leaders, like Rep- like to spend just a few minutes talk- vital need to reauthorize key provi- resentative JOHN LEWIS from Georgia, ing about why I support this Voting sions of the Voting Rights Act of 1965, who sat at those lunch counters, Rights Act reauthorization. among the most significant pieces of pressed upon the American conscience The Supreme Court has said voting civil rights legislation Congress has in those heavy days. rights are so important because they ever passed. But my meeting with the Con- are ‘‘preservative of all rights’’ (Yick As we are approaching the 41st anni- necticut chapter of the NAACP re- Wo v. Hopkins (1886)). I couldn’t agree versary of the act, perhaps it is impor- minded me the march toward equal more, and that is why the Voting tant to remember the words of Presi- rights is not over. Rights Act was and is so centrally im- dent Lyndon Johnson who signed this In my meeting, one woman asked, portant to our country. bill into law on August 6, 1965, as Dr. ‘‘Why does Congress even have to ex- Martin Luther King, Jr., called Presi- Martin Luther King, Jr. looked on. tend the Voting Rights Act? Why is the dent Johnson’s support of the Voting Johnson’s words spoke to all Ameri- law not permanent?’’ Rights Act ‘‘a shining moment in the cans—then and now—about the impor- I explained that Congress passes leg- conscience of man.’’ That moment tance of the right to vote. He said: islation that automatically expires be- must continue. The central fact of American civilization— cause it is important to assess whether The act began a true transformation one so hard for others to understand—is that a law is working as intended, whether of our country. In 1964, there were only freedom and justice and the dignity of man it needs changing to address new con- 300 African Americans in public office, are not just words to us. We believe in them. . . . Every family across this great, entire, cerns, or whether it is needed at all. including just three in Congress. There searching land will live stronger in liberty, Thanks to the Voting Rights Act of were exceptionally few anywhere in the will live more splendid in expectation, and 1965, every American now has the op- South. Today, there are more than will be prouder to be American because of portunity to vote and any American 9,100 Black elected officials, including

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By the the State or Federal level, 27 of whom I remember going to the Rialto the- passage of this legislation today, we re- serve in Congress. ater with my sister, watching three affirm our commitment to that sacred One of the leaders of the civil rights movies on a Saturday afternoon for 25 right. movement, Congressman JOHN LEWIS, cents. If you were white, you got to sit As one who came here 41 years ago, has characterized the impact of the on the first floor. If you were not, you when my very first experience in the Voting Rights Act this way: ‘‘It not sat up in the balcony. I remember Capitol as an 18-year-old teenager was only transformed Southern politics, it going to catch the bus across the street the debate on this legislation, to be transformed the nation.’’ I couldn’t from my house and going about 10 back here today as a Member of the agree more. miles on a bus to high school and Senate, something I never thought pos- But we shouldn’t just rest on the suc- knowing that the kids of color, about sible, is an uplifting experience for me. cesses of the recent past. We must re- 100 yards further away from us, would I hope it serves as an inspiration to main vigilant. For hundreds of years, get on their bus and head out to go to young men and women of whatever our country struggled with slavery and their school, driving by mine and going race or background they might be. I the fact that nothing more than a per- another 10 miles to their own school. thank the leader. son’s skin color could determine his or The PRESIDING OFFICER. Under I yield back my time. her prospects in life. Even after we en- the order that was agreed to by unani- Mr. REID. Mr. President, how much acted the 15th amendment, our country mous consent, the Democratic leader time did the Senator from Delaware struggled with Jim Crow laws and per- has the floor at 4 o’clock. use? Mr. REID. Will the Senator from sistent discrimination. The PRESIDING OFFICER. Three Delaware indicate how much more We have now had the Voting Rights minutes. Act for 40 years, which may seem like time he needs? Mr. CARPER. If I could have 3 min- Mr. REID. Mr. President, I yield to a long time, but compared against our the Senator from Vermont, Mr. LEAHY. long and shameful history of race dis- utes. Mr. REID. I yield the Senator 3 min- Mr. LEAHY. Mr. President, earlier crimination, 40 years seems pretty utes. this afternoon when I was not on the short. The PRESIDING OFFICER. The Sen- Senate floor, a few Republican Sen- Thankfully, we have come a long way ator from Delaware. ators gave statements that reflected since signs emblazoned windows read: Mr. CARPER. In addition to not their individual views of what the leg- ‘‘colored need not apply’’ and ‘‘Whites being able to drink water at fountains islation we are considering today will only.’’ But let’s not be lulled into a with us, eat in the same restaurants, do to address the Supreme Court’s in- false sense of security: racism—though go to movies, ride on the bus or go to terpretation of legislative intent in the much more subtle—still exists. African school with the rest of us, the other Georgia v. Ashcroft and Reno v. Bos- Americans can apply for a job all right thing that folks of color couldn’t do in sier Parish cases. While I am not fully but they might not get it because my hometown was vote. They couldn’t informed of their positions, I certainly ‘‘they’re not the right type,’’ or ‘‘they vote because they didn’t pay a poll tax. disagree with what I heard. just wouldn’t fit in.’’ New words for old They couldn’t vote because they In the Senate Judiciary Committee sins. weren’t smart enough allegedly to pass we received extensive testimony about Our recent history still finds sophis- the test they had to take in order to these two provisions over the course of ticated discrimination occurring when become voters. several hearings that informed our it comes to voting; and we must be es- I came here in 1965, barely out of Committee vote yesterday. I ask unan- pecially vigilant here because voting is high school, 18 years old. I went to the imous consent to have printed in the such a cornerstone of our democracy. Rayburn Building and happened to RECORD a full explanation of the testi- We must continue to ensure diversity walk into a hearing in 1965 by the mony we received that informed our in our democracy and protect the House Judiciary Committee on this vote yesterday and my understanding rights of all Americans irrespective of legislation, the Voting Rights Act of of the purpose and scope of these two race, gender, or national origin. 1965. The enactment of that legislation provisions as an original and lead spon- That is why I strongly support this did more to change things in my town sor. reauthorization of the Voting Rights of Danville, VA, and a lot of towns in There being no objection, the mate- Act and am a cosponsor. this country, especially in the South, rial was ordered to be printed in the Authorizing the Voting Rights Act than any one thing I can think of. RECORD, as follows: will be one of the most important Yesterday, as several of us in the GEORGIA V. ASHCROFT FIX things we can do this year, and I look Senate rolled out something we called forward to helping in any way that I the Restoring the American Dream Ini- The first of these provisions is commonly referred to as the ‘‘Georgia vs. Ashcroft fix.’’ can. tiative, we started off by trying to In the Judiciary Committee we received I yield the floor. make sure that everybody who wanted evidence that the Voting Rights Act had The PRESIDING OFFICER. The Sen- to go to college had the ability to get been significantly weakened by the Supreme ator from Delaware. to college. If we are going to be suc- Court’s decision in Georgia v. Ashcroft be- Mr. CARPER. Mr. President, I grew cessful as a nation in the 21st century, cause it narrowed the protections afforded up in Danville, VA. The town of we need a world class workforce. We by Section 5. Prior to the Ashcroft decision, Danville, a town of about 30,000 people can’t have that unless we have well- an objection would be raised by the Depart- right on the North Carolina border, educated, college-educated people. In ment of Justice if the voting change made was famous for three things when I was the position of minority voters worse off in order to have those kinds of opportuni- terms of their ability to elect candidates of growing up there. It was the home of ties, before we ever get to college we their choice. In Ashcroft, the Supreme Court the Dan River cotton mills, it was fa- have to make sure kids have a decent replaced the clear and administrable ‘‘ability mous for being the world’s biggest to- chance to go to good elementary, mid- to elect’’ standard with an unworkable ‘‘to- bacco market, and it was famous for dle, and high schools. And in order for tality of the circumstances’’ standard that being the last capital of the Confed- anybody to have the American dream, appears to permit the trading away of dis- eracy. I remember as a child riding it is important to have a chance to get tricts in which minority voters have the op- back and forth to Danville, VA from a decent job, have a chance to be a portunity to elect candidates of their choice our home outside of town and riding in for districts in which minority voters may home owner, raise a family, work hard, (or may not) have an ‘‘influence’’ over who is the front of the bus, knowing that and live in a community and practice elected. other people of color would ride in the your faith. It is my understanding that the bill we are back of the bus. I remember visiting The one best way to ensure that peo- considering here today clarifies congres- downtown and going to restaurants, ple of all walks of life have those op- sional intent after the Georgia v. Ashcroft

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.027 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8005 decision by re-establishing that Section 5 re- The impact of ‘‘influence districts’’ is par- a preferred candidate. But there is no ‘‘magic quires that there be no retrogression of mi- ticularly ephemeral where the existence of number’’ that every district must maintain nority voters’ ability to elect the candidate racially polarized voting means that elected to satisfy the ‘‘ability to elect’’ standard; of their choice—the standard described in officials do not need minority voters to re- the percentages will vary depending on such Beer v. United States that governed Section tain their seats. As Laughlin McDonald, Di- variables as the extent of racially polarized 5 preclearance decisions prior to the Su- rector of ACLU’s Voting Rights Project, tes- voting and white crossover voting, registra- preme Court’s decision in Ashcroft. tified, racially polarized voting means that tion rates, citizenship variables, and the de- The drafters of this legislation concluded African-Americans may have little or no in- gree of voter turnout. As both Professor that ‘‘ability to elect’’ was the proper stand- fluence in majority white districts. In the Arrington and Professor Persily stated in ard because it preserves the gains made in 1970s and 1980s, only about 1% of majority their testimony, all of these considerations minority voting power and provides a more white districts in the South elected an Afri- should come into play, making the ‘‘ability manageable standard to guide covered juris- can-American to a state legislature. As late to elect’’ standard one that turns on the con- dictions, the Department of Justice, and the as 1988, no African-American had been elect- text of the districts at issue, as was the case federal courts as they review voting changes ed from a majority white district in Ala- under the Beer standard. pursuant to Section 5. bama, Arkansas, Louisiana, Mississippi, or The ‘‘ability to elect’’ standard does not The bill we are considering today re-estab- South Carolina. The ACLU’s Voting Rights lock in districts that meet any particular lishes the ‘‘ability to elect’’ standard be- Project Report described the pervasiveness threshold. Determinations about whether a cause the ‘‘totality of the circumstances’’ of racial bloc voting in covered jurisdictions. district provides the minority community test articulated in the Ashcroft decision un- For example, in Smith v. Beasley, decided in the ability to elect must be made on a case- dermines Section 5’s ability to protect 1992, a three-judge court found that ‘‘[i]n by-case basis. Indeed, prior to Georgia v. against discrimination and maintain the South Carolina, voting has been, and still is, Ashcroft, the Department of Justice utilized progress made in minority political partici- polarized by race. This voting pattern is gen- case-by-case analysis to determine whether a pation, and it creates an amorphous stand- eral throughout the state.’’ Ten years later, voting change impacted the minority com- ard that will be difficult for covered jurisdic- in 2002, another three-judge court made a munity’s ‘‘ability to elect.’’ Specifically, tions to follow and for the Justice Depart- similar finding: ‘‘Voting in South Carolina DOJ performed an intensely jurisdiction-spe- ment to administer. continues to be racially polarized to a very cific review of election results, demographic We in Congress who are supporting this bill high degree in all regions of the state and in data, maps and other information in order to determined that we must address this stand- both primary and general elections.’’ As re- compare the minority community’s ability ard for the same reasons as the dissent in cently as 2004, the Fourth Circuit affirmed to elect under benchmark and proposed Ashcroft noted, that is because the ‘‘totality the findings of a South Carolina district plans. Other information considered by DOJ, outlined in the Procedures for the Adminis- of the circumstances’’ test adopted by the court that ‘‘voting in Charleston County tration of Section 5 of the Voting Rights Supreme Court majority ‘‘unmoors § 5 from Council elections is severely and characteris- Act,’’ 28 C.F.R., Part 51, include the extent any practical and administrable conception tically polarized along racial lines.’’ to which a reasonable and legitimate jus- of minority influence’’ by abandoning the After Ashcroft, states can redistrict in tification for the change exists, the extent to ‘‘anchoring reference to electing a candidate ways that diminish minority voters’ polit- which the jurisdiction followed objective of choice’’ that had previously guided Sec- ical power. As Professor Nathaniel Persily guidelines and fair and conventional proce- tion 5 preclearance. testified, the ‘‘danger that Ashcroft seemed dures in adopting the change, the extent to In the Judiciary Committee we received to invite and that this legislation intends to which the jurisdiction afforded members of extensive testimony about the harm that the fix is the possibility that under the cloak of racial and language minority groups an op- Ashcroft decision has had on the power of ‘influence districts’ a jurisdiction might di- portunity to participate in the decision to Section 5 to protect minority voters. Polit- lute the minority vote by splitting large mi- make the change, and the extent to which ical science professor Theodore Arrington, nority communities among several districts the jurisdiction took the concerns of mem- who has served as an expert witness in over in which they really have no influence at bers of racial and language minority groups 30 voting rights cases, testified at the Com- all.’’ Professor Persily explained that under into account in making the change. This mittee’s hearings that the Ashcroft case cre- the Ashcroft precedent, the Department of analysis allows jurisdictions a degree of ated an ‘‘unworkable standard’’ because Justice could preclear a state redistricting flexibility in the adoption of their voting there is ‘‘no way to know how to comply plan that split a 60% minority district into changes. with the Court’s mandate.’’ The legislation two 30% minority influence districts, even In sum, to avoid violating Section 5’s non- we are considering today would add needed though such a plan would severely diminish retrogression standard, a covered state’s re- clarity. minority voters’ ability to elect their pre- districting must ensure that it has not di- The difficulty of measuring minority ‘‘in- ferred candidates. Moreover, combined with minished minority voters’ ability to elect fluence’’ was well-illustrated by the results the Supreme Court’s holding in Bossier II, a their candidates of choice. The ‘‘ability to in Georgia v. Ashcroft itself, as was pointed state legislature could enact these kinds of elect’’ standard that is being reestablished out in the Committee by Professor Pamela voting changes for the express purpose of dis- through the VRARA prevents all types of Karlan. The Supreme Court noted that most criminating against minority voters, and yet retrogressive changes, whether they come of the districts in which African-Americans they nonetheless might be precleared under from the dispersion of a minority commu- make up more than 20% of the electorate are Section 5. nity among too many districts (cracking) or majority-Democrat, which the Court con- The VRARA restores Section 5 to its origi- the overconcentration of minorities among cluded ‘‘make it more likely as a matter of nal intended meaning so that it prohibits too few (packing). fact that African-American voters will con- voting changes that undermine racial mi- BOSSIER FIX stitute an effective voting bloc, even if they norities’ ability to elect candidates of their The second of these provisions is usually cannot always elect the candidate of their choice. The VRARA provides that ‘‘[t]he pur- referred to as the ‘‘Bossier Fix.’’ choice.’’ However, in the three districts pose of subsection (b) of this section is to We have acted in this reauthorization to where African-American voters supposedly protect the ability of such [minority] citi- restore the VRA’s original standing and ef- retained an ‘‘influence’’ on their elected rep- zens to elect their preferred candidates of fectiveness. After hearing extensive testi- resentatives, the elected white representa- choice.’’ This change to Section 5 makes mony and carefully reviewing the record cre- tives switched from the Democratic to the clear that Congress rejects the Supreme ated in the Senate and in the House of Rep- Republican party in the two-week period be- Court’s Ashcroft decision and reestablishes resentatives, we concluded that the Supreme tween their election and the inauguration, that a covered state’s redistricting plan can- Court’s holding in a case called Reno v. Bos- which resulted in the Democrats losing con- not eliminate ‘‘ability to elect’’ districts and sier Parish (‘‘Bossier II’’), went against both trol of the Georgia State Senate. This result replace them with ‘‘influence districts.’’ the original intent of Congress and estab- undermined the Supreme Court’s view that The amendment to Section 5 does not, lished Department of Justice and judicial representatives elected in a minority ‘‘influ- however, freeze into place the current minor- precedent. Section 5 of the VRA requires ence district’’ would listen and respond to ity voter percentages in any given district. that all changes in covered jurisdictions their sizable minority constituents despite As stated by the dissenters in Georgia v. ‘‘not have the purpose and . . . not have the not being these voters’ preferred candidates. Ashcroft, as well as by Professor Arrington effect of denying or abridging the right to The aftermath of Georgia’s elections sup- and Professor Persily at the Committee vote on account of race or color.’’ Accord- ports the dissenting justices’ views that it is hearings, reducing the number of minorities ingly, the process for preclearing changes impossible for a court to measure minority in a district is perfectly consistent with the consists of two prongs. First, it consists of influence, and thus a state should not be pre-Ashcroft understanding of Section 5 as an inquiry as to the purpose of the change in granted preclearance for redistricting plans long as other factors demonstrate that mi- question. Then, it requires a separate exam- that trade away districts in which minority norities retain their ability to elect their ination into the effect of the change. A plan voters have the ability to elect their pre- preferred candidates. The amendment is in- may not receive preclearance without satis- ferred candidates for ones in which they tended to make clear that the addition of fying requirements under both prongs. Tradi- might have the ability to influence can- districts in which minorities might have an tionally, the purpose prong has been a com- didates elected by others. As Ashcroft itself influence on the political process cannot mon basis for Department of Justice objec- demonstrated, the appearance of influence compensate for the elimination of districts tions to plans submitted by covered jurisdic- might far exceed the reality. in which minorities have the ability to elect tions. However, since ‘‘Bossier II’’ the scope

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.018 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8006 CONGRESSIONAL RECORD — SENATE July 20, 2006 and effectiveness of the purpose prong has previous plan—thus became the critical structured its election methods and voting been dramatically limited. measure of success or failure under the ef- practices so that minority voters have no That is why we are amending the VRA to fects prong. In Bossier II, Justice Scalia ar- voting strength, and no ability to elect can- make clear that a covered jurisdiction does gued that since ‘‘purpose’’ and ‘‘effect’’ both didates of their choice to begin with, it is not have to disprove the existence of any modify the same object in the text of the impossible for new voting practices to be ret- Section 2 violation to obtain Section 5 statute—‘‘denying or abridging the right to rogressive. When no retrogression is possible, preclearance. Rather, contrary to the sug- vote on account of race or color’’—they must it is also impossible to prove retrogressive gestions of a handful of my colleagues who prohibit the same activity. If Beer held that intent. The Bossier II interpretation of the wish to undermine what we accomplish the effects prong only prohibited ‘‘retrogres- purpose prong would freeze voter discrimina- today, this bill amends the VRA to make sion,’’ the Court’s majority reasoned that tion at existing levels, to the benefit of the clear that it prohibits all voting changes en- Section 5 would only prohibit retrogressive most discriminatory of jurisdictions. acted with a discriminatory purpose. intent. The end result of this argument was I find no evidence to suggest that the 94th Congress enacted Section 5 with such a lim- THE HOLDING IN BOSSIER II aptly summarized by Debo Adegbile, who testified: ‘‘Since [Bossier II], non-retrogres- ited—and indeed, paradoxical—scope in The controversy in Bossier II arose when mind. To the contrary, Section 5 was de- the school board (‘‘the Board’’) of Bossier sive voting changes motivated by racial ani- mus, no matter how clearly demonstrated signed to target precisely those areas with Parish, Louisiana sought to redraw the dis- the most entrenched histories of discrimina- tricts that elected its members. At the time . . . are insulated from Section 5 objection under the purpose prong.’’ Justice Souter, tion. The Supreme Court long recognized of the 1990s redistricting, African-Americans this. I agree with the findings of the House made up approximately 20% of the parish’s dissenting from the majority opinion, came to the same conclusion: ‘‘Now executive and Committee on the Judiciary, which con- population. They did not, however, comprise cluded that the purpose prong was designed a majority in any of the twelve school board judicial officers of the United States will be forced to preclear illegal and unconstitu- to prevent all voting changes with a dis- districts in the parish. In 1992, the Board criminatory intent. We reported VRARA and adopted a new redistricting plan that did not tional voting schemes patently intended to perpetuate discrimination.’’ will pass it today to restore the original un- create any new majority-African-American derstanding of that provision. districts, rejecting an alternate plan that PROBLEMS WITH THE PURPOSE PRONG UNDER In addition to contravening congressional would have created two majority-African- BOSSIER II intent, Bossier II is also in conflict with American districts. The holding in Bossier II is at odds with more than three decades of judicial and De- In January of the following year, the congressional intent and established judicial partment of Justice precedent. Prior to Bos- Board submitted its redistricting plan for and Department of Justice precedent. It ef- sier II, the Department of Justice inter- preclearance to the Department of Justice; fectively eviscerates the purpose prong of preted the purpose prong of Section 5 to upon objection by the Attorney General, the Section 5 and compromises the overall abil- block all changes enacted with a discrimina- Board filed suit for a declaratory judgment ity of Section 5 to combat innovative dis- tory intent, regardless of retrogressive ef- in the federal district court to obtain criminatory practices, which it was origi- fect. This was not a limited practice. Prior preclearance. At trial, the Attorney General nally designed to prohibit. Committee re- to Bossier II, a large percentage of all De- argued that the plan should not be approved ports from the 89th Congress uniformly sug- partment objections were based on discrimi- under Section 5 for two reasons. First, the gest that the Senate and House of Represent- natory purpose alone. plan diluted the voting strength of African- atives designed Section 5 as a broad protec- The Supreme Court reached the same con- American voters, in violation of a separate tion against increasingly innovative dis- clusion, consistently construing Section 5 as provision of the VRA, Section 2. Second, the criminatory practices. This is reflected in barring implementation of electoral changes plan was enacted with a discriminatory pur- the fact that the language of the provision if and when they were adopted with a dis- pose. closely parallels that of the 15th Amend- criminatory purpose. In City of Richmond v. At trial, DOJ presented extensive evidence ment, which prohibits intentional discrimi- United States, for example, the Court held that the plan was, in fact, enacted with a nation. This is not a coincidence; members of that a proposed annexation had no discrimi- discriminatory motive. The Board’s refusal both the Senate Judiciary Committee and natory effect under Section 5. However, the to draw a single African-American majority the House of Representatives Judiciary Com- Court nevertheless remanded the case to the district stood in stark contrast to its own mittee explicitly cited the VRA as a bill pri- District Court to determine if the change admission that creation of a majority-Afri- marily intended to enforce the 15th Amend- was adopted for a discriminatory purpose. As can-American district was clearly feasible, ment. the Court stated in City of Richmond: ‘‘An and in contrast to expert testimony that Af- In 1966, when the Supreme Court heard the official action, whether an annexation or rican-Americans would only be able to elect first constitutional challenge to the VRA, it otherwise, taken for the purpose of discrimi- their chosen candidate in such a district. reaffirmed the broad scope envisioned by nating against Negroes on account of their Moreover, the manner in which the districts Congress. In South Carolina v. Katzenbach, race has no legitimacy at all under our Con- were drawn suggested—in the Board cartog- the Court explained that the VRA was de- stitution or under the statute.’’ Likewise, in rapher’s own opinion—that traditionally Af- signed ‘‘to rid the country of racial discrimi- City of Pleasant Grove v. United States, a rican-American populations were purpose- nation in voting,’’ and described Section 5 as covered jurisdiction was denied preclearance fully divided into adjoining white districts, a ‘‘the heart of the Act.’’ Six years later, in for a proposed annexation, even though ret- process known as ‘‘fracturing.’’ Most alarm- Perkins v. Matthews, the Court stated that rogressive effect was impossible, because of ing, however, was testimony suggesting that there was ‘‘little question’’ that Congress in- clear evidence that the annexation was en- certain Board members were openly hostile tended Section 5 to ensure that covered ju- acted with a racially discriminatory purpose. to African-American representation or Afri- risdictions ‘‘not institute new laws with re- The Court explained that ‘‘[t]o hold other- can-American-majority districts. spect to voting that might have a racially wise would make appellant’s extraordinary In spite of this evidence, the trial court discriminatory purpose or effect.’’ In 1975, success in resisting integration thus far a precleared the plan. The case twice reached far from repudiating earlier Committee re- shield for further resistance.’’ Even in Beer, the Supreme Court on separate appeals. The ports or the statements in Katzenbach and the purported foundation for Bossier II, the first time, the Court agreed with the trial Perkins, this Committee further emphasized Court provided that changes that actually court that a voting change cannot be denied a broad role for Section 5, one that went be- improved the voting strength of minorities preclearance under Section 5 solely because yond the mere preservation of minority vot- could still be denied preclearance if they the change violated Section 2. The second ing strength. were intentionally discriminatory. The Dis- time—Bossier II—the Court addressed a more The purpose prong established by Bossier trict Court for the District of Columbia—the contentious question: whether Section 5 pro- II is far narrower than Congress intended. body charged with exclusive jurisdiction hibited all voting changes enacted with a While the retrogression standard defines pro- over Section 5 suits—also consistently held discriminatory purpose. The Court answered hibited effects, the same standard limits the (before Bossier II) that Section 5 prohibits this question in the negative, holding that purpose prong to the point of insignificance. changes enacted with a discriminatory in- Section 5 does not bar electoral changes en- After Bossier II, the only occasion in which tent. acted with a discriminatory purpose if those the purpose prong would be the sole basis for For thirty-five years, Congress reviewed changes were designed only to maintain, and a Department of Justice objection would be and renewed the Voting Rights Act and not worsen, the current electoral strength of when the covered jurisdiction intended to de- amended Section 2 in response to another a protected minority group. crease minority voting strength, but some- Supreme Court precedent, Mobile v. Bolden, Bossier II was premised on the holding in how failed in this effort. but Congress did not change or raise any ob- an earlier Section 5 case, Beer v. United More incongruously, however, as conceived jection to the judicial or Justice Department States. In Beer, the Supreme Court inter- by Bossier II, the purpose prong would actu- interpretations of the Section 5 purpose preted the effects prong to prohibit only ally reward those covered jurisdictions with prong. Instead, Congress reauthorized Sec- those changes that had a ‘‘retrogressive’’ im- the most extensive histories of minority vote tion 5 unamended on three separate occa- pact on the voting strength of minorities in dilution; this is what Professor Anita Earls sions. Until Bossier II, all three branches of a covered jurisdiction. The question of retro- described in hearings before the Judiciary government—the courts, the executive, and gression—whether or not a proposed plan de- Committee as the ‘‘discrimination divi- the legislature—appeared to be in agreement creased voting strength as compared to the dend.’’ Where a jurisdiction has traditionally that the purpose prong prohibited all

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.021 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8007 changes enacted with a discriminatory in- would also realign the purpose prong with Congress, from ‘‘Bloody Sunday’’ in tent. constitutional standards, allowing Section 5 1965 on the Edmund Pettis Bridge to BOSSIER II UNDERMINES THE EFFECTIVENESS to prohibit intentional discrimination that leading the fight in 2006 to reauthorize OF SECTION 5 would otherwise be unconstitutional under the Voting Rights Act, is a lesson to us Bossier II has had a striking impact on the the 15th Amendment. I reject any reading of Section 5 that would allow explicitly dis- all. The events of Bloody Sunday, were Section 5 purpose prong, minimizing the caught on television cameras, and number of purpose-based objections and un- criminatory voting changes to be precleared, dermining the overall ability of Section 5 to solely because the voting strength of the mi- those powerful images laid bare for all block discriminatory electoral practices in nority group in question cannot be further Americans the violence encountered by covered jurisdictions. The record of diminished. I believe that the VRARA rem- many African Americans trying to ex- preclearance objections after Bossier II sug- edies this problem and restores the purpose ercise their civil rights. It was a cru- gests that the purpose prong under Bossier II prong of Section 5 to prevent purposeful dis- cial turning point in securing the right crimination. has become inconsequential and has no to vote. A few days after the violence meaning apart from retrogressive effect. Mr. LEAHY. Mr. President, as the Senate stands poised to conclude this of Bloody Sunday, President Lyndon After Bossier II, there was a steep drop in Johnson outlined the proposed Voting the number of Department of Justice objec- debate and reauthorize the Voting tions based on purpose alone. In the 1980s, Rights Act, we recall the words of Mar- Rights Act of 1965, before a joint ses- 25% of DOJ objections—83 objections in tin Luther King, Jr., in his famous ‘‘I sion of Congress. Later that year, Con- total—were based on intent alone; in the have a Dream’’ speech, where he noted: gress passed it so that the Constitu- 1990s, this number increased to 43%, with 151 ‘‘When the architects of our republic tion’s guarantees of equal access to the objections solely based on discriminatory in- wrote the magnificent words of the electoral process, regardless of race, tent. In the five years following Bossier II, Constitution and the Declaration of would not be undermined by discrimi- only two out of a total of forty-three objec- natory practices. tions (4%) have been interposed because of Independence, they were signing a promissory note to which every Amer- Like the rights guaranteed by the retrogressive intent, the only purpose pro- First Amendment, the right to vote is hibited by Bossier II. In the words of one ican was to fall heir.’’ The Voting House Judiciary Committee witness, Mark Rights Act is one of the most impor- foundational because it secures the ef- Posner, the purpose prong ‘‘has effectively tant methods of enforcing this promise fective exercise of all other rights. As been read almost entirely out of Section 5.’’ and upholding the Constitution’s guar- people are able to register, vote, and According to Mr. Posner’s testimony, the antee of equal rights and equal protec- elect candidates of their choice, their impact of Bossier II on Section 5 enforce- tion of the law. We owe it those who interests and rights get attention. The ment is evident from the recent history of struggled so long and hard to trans- very legitimacy of our democratic Gov- decennial redistricting. After the 1980 Cen- ernment is dependent on the access all sus, the Department of Justice objected to form the landscape and make America 7% of redistricting plans filed by covered ju- a place of political inclusion to reau- Americans have to the electoral proc- risdictions; this rate increased to 8% after thorize this important Act. We all ess. the 1990 Census. In contrast, DOJ objected to enjoy these protections and take them Today we are poised to reaffirm a only 1% of redistricting plans filed after the for granted. No Senator would ever be cornerstone of our civil rights laws. As 2000 Census. There is strong evidence that denied the right to vote, but the same we do, we recall the great historic the drop is significantly attributable to the cannot be said about millions of others. struggle for civil rights led by Amer- absence of purpose-based objections. We act so that all Americans can enjoy ican heroes of vision and strength, such The inability of Section 5 to block changes as Fannie Lou Hamer, Rosa Parks, and enacted with a discriminatory intent is high- America’s bounty, its blessings and its ly troubling. At its core, the Voting Rights promise. Coretta Scott King, who passed away Act was designed to fight discrimination in On May 2, our congressional leader- just months ago. We honor their legacy American politics; the VRA is a vehicle to ship stood together on the steps of the by reaffirming our commitment to pro- enforce the 14th and 15th Amendments, Capitol—an historic announcement in tect the right to vote for all Ameri- which themselves prohibit intentional dis- an era of intense partisanship. We cans. crimination in various settings. Section 5 came together in recognition that The pervasive discriminatory tactics was the centerpiece of this effort, effectively there are few things as critical to our that led to the original Voting Rights shifting the burden of fighting racial dis- Nation, and to American citizenship, as Act were deeply rooted. As a Nation, crimination from the victims to the state. this effort to ensure equal protection Allowing expressly discriminatory plans to voting. In sharp contrast to the tre- attain preclearance solely because the vot- mendous resistance and bitter politics dates back more than 135 years to the ing strength of a minority group is too weak which met the initial enactment of the ratification of the 15th Amendment in to be further worsened undermines the origi- Voting Rights Act, our efforts this year 1870, the last of the post-Civil War Re- nal impetus of the VRA in general, and Sec- have overcome objections through dis- construction amendments. It took the tion 5 in particular. Furthermore, it shifts cussions, the hearing process and by passage of the Voting Rights Act of the burden of fighting voting discrimination developing an overwhelming record of 1965 for people of all races in many back to its victims. justification for extension of the expir- parts of our country to begin the effec- RESTORING SECTION 5 PURPOSE INQUIRY ing provisions. Last week, the House of tive exercise of rights granted 95 years For the reasons I have described, we find it Representatives, after a month of earlier by the 15th Amendment. De- necessary to amend Section 5 to restore the delay, passed H.R. 9 by a vote of 390–33, spite the additional gains we have purpose prong to its original scope, enabling the Attorney General and the District Court rejecting all efforts to reduce the made in enabling racial minorities to of the District of Columbia to object to any sweep and effect of the Voting Rights participate in the political life of the voting changes enacted with a discrimina- Act. Yesterday in the Senate Judiciary Nation, the work of the Voting Rights tory intent. The VRARA accomplishes this Committee, we did the same after al- Act is not yet done. by adding subsections (b) and (c) to Section most as long a delay in considering the In fact, in the recent LULAC deci- 5, which state that, ‘‘(b) Any voting quali- companion Senate bill. We acted sion, the Supreme Court—finding that fication or prerequisite to voting, or stand- unanimously to report the Senate bill. 100,000 Latino Americans were illegally ard, practice, or procedure with respect to Now it is up to the full Senate to com- disenfranchised in Texas—affirmed voting that has the purpose of or will have that racial discrimination against our the effect of diminishing the ability of any plete our work. citizens of the United States on account of As Congressman JOHN LEWIS said, Nation’s minorities persists today. It race or color, or in contravention of the ‘‘When historians pick up their pens proves that the protections of the Vot- guarantees set forth in section 4(f)(2), to and write about this period, let it be ing Rights Act are still needed. We elect their preferred candidates of choice de- said that those of us in the Congress in have this year undertaken an extensive nies or abridges the right to vote within the 2006, we did the right thing. And our process of congressional fact-finding. meaning of subsection (a) of this section,’’ forefathers and our foremothers would What it establishes is that we are right and ‘‘(c) The term ‘‘purpose’’ in subsections be very proud of us. Let us pass a clean to extend the protections of the Voting (a) and (b) of this section shall include any bill without any amendments.’’ I am Rights Act. discriminatory purpose.’’ These sections reject the holding in Bos- encouraged that we are so close to ac- In the Senate Judiciary Committee, sier II and clarify Congress’ original intent complishing this today. we held nine hearings on the Voting that Section 5 prohibit all voting changes The path that my good friend JOHN Rights Act. We received thousands of enacted with a discriminatory purpose. This LEWIS has taken from Selma, AL, to pages of testimony, reports, articles,

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.024 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8008 CONGRESSIONAL RECORD — SENATE July 20, 2006 letters, statistics, and other relevant The record also supports renewal of the United States Congress. In 1868, material from a wide variety of sources Sections 203 and 4(f)(4), which require Louisiana elected an African-American to inform our consideration. The evi- bilingual voting assistance for certain Lieutenant Governor, Oscar Dunn, and dence gathered, together with the language minority groups, to ensure 87 African Americans held seats in the record developed in a dozen hearings in that all Americans are able to exercise South Carolina legislature. However, the House provide us with an adequate their fundamental right as citizens to these Reconstruction-era gains in Afri- basis for Congress to determine that vote. According to the most recent in- can-American voting and representa- the protections of the Voting Rights formation from the Census, more than tion proved to be short-lived. Fol- Act are still needed both to maintain 70 percent of citizens who use language lowing the end of Reconstruction, the the gains already achieved and to con- assistance are native born, including rights of African-Americans to vote tinue to enforce the guarantees of Native Americans, Alaska natives and and to hold office were virtually elimi- equality enshrined in the 14th and 15th Puerto Ricans. Many of those who ben- nated in many areas through discrimi- Amendments. efit from Sections 203 and 4(f)(4) suffer natory legal barriers, intimidation, and Much of the testimony we received from inadequate educational opportu- violence. The changes were swift, sys- focused on the continuing need for Sec- nities to learn English. tematic and severe. By 1896, Represent- tions 5 and 203 of the Voting Rights Act These Americans are trying to vote ative George White of North Carolina as essential safeguards to the rights but many of them are struggling with was the only African American remain- and interests of Americans of all races the English language due to disparities ing in the U.S. Congress, and it would and our language minorities. in education and the incremental proc- take 72 years after Representative The record we have assembled and ess of learning. We can and we must re- White left Congress for African-Amer- consider justifies the renewal of Sec- authorize these provisions to make ican voters in the South to elect an- tion 5. This section requires certain ju- sure there is no literacy test at the other candidate of their choice to Con- risdictions with a history of discrimi- polling place. We endured a time in our nation to ‘‘pre-clear’’ all voting gress. Nation’s history when such tests In Mississippi, the percentage of Afri- changes with either the Justice De- disenfranchised many voters. Renewing can-American voting-age men reg- partment or the U.S. District Court for the expiring language provisions will istered to vote fell from over 90 percent the District of Columbia. In doing so, help enable all Americans to partici- during the Reconstruction period to Section 5 combats the practice of those jurisdictions of shifting from one in- pate fully in our Nation’s democracy. less than 6 percent in 1892. Between The record also supports the need to validated discriminatory tactic to an- 1896 and 1900, the number of African- amend the VRA to restore its original other, which had undermined earlier ef- American voters in Louisiana was re- purpose in response to two Supreme forts to enforce the 15th Amendment. duced from 130,000 to a mere 5,000. Un- Court decisions that have limited its After ‘‘enduring nearly a century of like the short-lived gains made by Afri- effectiveness. The bill remedies the Su- systematic resistance to the Fifteenth can-American voters during Recon- preme Court’s holding in Reno v. Bos- Amendment,’’ Congress found, it was struction, their exclusion from the bal- sier Parish, by making clear that a imperative to ‘‘shift the advantage of lot box was persistent. Only 3 percent time and inertia from the perpetrators voting rule change motivated by any of voting-age African-American men of the evil to its victims.’’ discriminatory purpose violates Sec- and women in the South were reg- Section 5 continues to be a tremen- tion 5. Under the holding in Reno v. istered to vote in 1940, only 1 percent in dous tool for protecting minority vot- Bossier Parish, certain voting rule Mississippi. These numbers provide a ing rights and a necessary one. For ex- changes passed with the intent to dis- lesson we cannot not ignore. ample, in 1992, the Attorney General criminate against minorities could The passage of the Voting Rights Act used Section 5 to stop Wrightsville, pass Section 5 muster. Because such an in 1965 was a turning point. We have GA, from relocating its polling place interpretation is inconsistent with con- made progress toward a more inclusive from the county courthouse to a pri- gressional intent and the purpose of democracy since then but I fear that if vate all-white club with a history of re- the Voting Rights Act to eliminate dis- we fail to reauthorize the expiring pro- fusing membership to black applicants criminatory tactics that undermine visions of the Voting Rights Act, we and a then-current practice of hosting the guarantees of the 15th Amendment, are likely to backslide. In his testi- functions to which blacks were not our bill fixes this inconsistency by mony before the Senate Judiciary welcome. Even more recently, in 2001, clarifying that a voting rule change Committee, civil rights lawyer Robert Kilmichael, Mississippi’s white mayor motivated by any discriminatory pur- McDuff warned: and all-white Board of Aldermen pose also cannot be pre-cleared. No place more than Mississippi has been abruptly cancelled an election after The bill also remedies the Supreme torn by slavery, by the lost promise of eman- Census data revealed that African Court’s holding in Georgia v. Ashcroft. cipation after the Reconstruction period, by Americans had become the majority in In this case, the Supreme Court pro- the resurgence of racist power in the latter part of the 19th century and most of the 20th, the town and an unprecedented number vided an unclear and unworkable test for assessing a jurisdiction’s challenge and by the legacy of poverty and racial sepa- of African-American candidates were ration that still exists. While people’s behav- running for office. The Justice Depart- to denial of Section 5 pre-clearance. ior and people’s hearts can change over time, ment objected under Section 5. Only Congressional intent was to protect the vigilance is required to ensure that laws and after the Justice Department forced ability of a minority community to structures remain in place to prevent us as a Kilmichael to hold an election in 2003 elect a candidate of its choice. This society from turning back to the worst im- did it elect its first African-American legislation clarifies our congressional pulses of the past. Occasional flashes of mayor, along with three African-Amer- intent by setting forth defined factors those impulses illustrate the need for that vigilance. Important changes have come to ican aldermen. to restore the original understanding of the Voting Rights Act to protect the pass in Mississippi in the last 40 years— These are just a couple of examples changes due in large part to the mechanisms that are representative of the barriers minority community’s ability to elect of the Voting Rights Act, particularly the to political participation that all too their preferred candidates of choice. preclearance provision of Section 5. But, like many American citizens still face It has often been said that those who the gains that were washed away after the today, in 2006. In addition to finding cannot remember the past are con- nation abandoned the goals of Reconstruc- extensive evidence that covered juris- demned to repeat it. We must make tion in 1876, the progress of the last 40 years dictions have continued to engage in certain that the significant gains in is not assured for the future. discriminatory tactics, we also found voting rights over the past four dec- When we have such legal protections that the Section 5 preclearance re- ades do not suffer the same fate as the that are proven effective when en- quirement has served a vital prophy- voting rights provided during Recon- forced, we should not abandon them lactic purpose in protecting against struction. After the Civil War, the Re- prematurely simply in the hope equal- discriminatory voting practices before construction Act promised that the ity will come. Reauthorizing and re- they go into place and securing the guarantees of the 15th Amendment storing the Voting Rights Act is the gains made in minority political par- would be realized. Between 1870 and right thing to do, not only for those ticipation. 1900, 22 African-Americans served in who came before—the brave people who

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.037 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8009 fought for equality—but also for those original landmark Voting Rights Act garet Edmonds, and our legal clerks who come after us, our children and in 1965. On this issue he is the Senate’s Robynn Sturm, Arline Duffy and Peter our grandchildren. No one’s right to leader. It has been an honor to work Jewett. vote should be abridged, suppressed or beside him in this important effort. I express my appreciation and admi- denied in the United States of America. And work he did. To assemble the ration for all they do to make Congress The Voting Rights Act of 1965 is one record required work. He came to our and America measure up to the prom- of the most important laws Congress hearings, helped organize them, helped ise of our Constitution and the vision has ever passed. It helped to usher the assemble the witnesses, and when Sen- that Fannie Lou Hamer, Rosa Parks, country out of a history of discrimina- ators from the majority were unavail- Coretta Scott King and Cesar Chavez tion into the greater inclusion of more able, he and I proceeded with the per- had for America. Americans in the decisions about our mission of our chairman to chair those As I said earlier today, all 100 Sen- Nation’s future. Our democracy and hearings. We would not be passing this ators have no problem voting. They our Nation are better and richer for it. bill without the overwhelming support can walk into a voting booth in their We cannot relent in our fight for the that it will have if it had not been for home State, and nobody is going to say fundamental civil rights of all Ameri- Senator KENNEDY. no. We have to make sure that every- cans. Congress has reauthorized and re- Of course, we also honor the senior body else is treated the same as we 100 vitalized the Act four times pursuant Senator from Hawaii who likewise Senators are. This is for us, this is for to its constitutional powers. This is no voted for the Voting Rights Act of 1965 our children, and on a personal level, time for backsliding, this is the time to and each of its reauthorizations. His this is also for our grandchildren. move forward together. leadership in these matters is greatly I yield the floor. Mr. FEINGOLD. Mr. President, Sec- As the Senate completes consider- appreciated by this Senator and, I be- tion 5 of the bill, which deals with ation of this important legislation—the lieve, by the Senate. Georgia v. Ashcroft and the Bossier II culmination of many months of legisla- I also thank the Democratic leader case, is extremely important. As rank- tive activity to reauthorize the Voting for his help. Senator REID stayed fo- ing member of the Judiciary Commit- Rights Act—I welcome the President’s cused on making sure this essential tee’s Subcommittee on the Constitu- statement of support today. It was a legislative objective was achieved. He tion, Civil Rights, and Property long time in coming, and the long way worked with us and the Republican Rights, I concur with the discussion of round, but he got there. The President leader throughout. He is a lead sponsor this provision by the Senator from is right to have spoken of racial dis- of the legislation and was a key partic- Vermont. crimination as a wound not fully ipant at our bicameral announcement Mr. REID. Mr. President, how much healed. We all want our revitalization on the steps of the Capitol on May 2. time remains? of the Voting Rights Act we consider Throughout the process of developing The PRESIDING OFFICER. Six-and- today to help in that healing process the bill, developing the legislative a-half minutes. and in guaranteeing the fundamental record and considering the bill, he has Mr. REID. Does the Senator from right to vote. never failed to go the extra mile to en- Massachusetts need time? I was reminded today of when the sure the success of this effort. Mr. KENNEDY. Just 2 minutes. President spoke dramatically last Sep- I thank our Chairman and lead Sen- Mr. REID. Mr. President, I yield 2 tember from New Orleans’ Jackson ate sponsor. As I pushed and cajoled minutes to the Senator from Massa- Square and pledged to confront poverty and urged action he heard me out. To- chusetts. with bold action. I look forward to that gether with the other active members Mr. KENNEDY. Mr. President, I bold action. He spoke then of helping of the Judiciary Committee, we worked thank our leader, Senator REID, for his our people overcome what he called to assemble the necessary record and constancy in support of this legislative ‘‘deep, persistent poverty,’’ ‘‘poverty consider it so that our bill is on a solid effort and for his encouragement to all with roots in a history of racial dis- factual, legal and constitutional foun- of us on the Judiciary Committee. I crimination, which cut off generations dation. I thank each of our cosponsors thank my friend from Vermont for his from the opportunity of America.’’ I and, in particular, those who joined us kind words. agree with him. We must, as the Presi- early on, those on the Judiciary Com- Earlier today, there have been com- dent said that night, ‘‘rise above the mittee, and the Republican leader. ments by my friend—and he is my legacy of inequality.’’ That is a shame- There are too many others who de- friend—in the Judiciary Committee, ful legacy that still exists and still serve thanks. They include Senator Senator CORNYN, and also with regard needs to be overcome. The President is SALAZAR for his contributions through- to particular provisions in section 5, right that ‘‘the wounds’’ of racial dis- out and for his thoughtful initiative to and later there were comments from crimination need to be fully healed. broaden those for whom this bill is Senator CORNYN and Senator KYL In my judgment, based on the record named by including Cesar Chavez. I about an amendment offered by Con- before this Senate, the reauthorization look forward to working with him to gressman NORWOOD over in the House of the Voting Rights Act is needed to make that a reality. To all who have of Representatives. I think it is impor- ensure that healing. supported this effort I say thank you tant that the RECORD reflect the re- We heard so often during the civil and know that your real thanks will be sults of the extensive hearings that we rights movement ‘‘we shall overcome.’’ in the fulfillment of the promise of had on these different issues because it But it is not just a case of we shall equality for all Americans in the years is extensive, exhaustive, and it is pre- overcome, it is ‘‘we must overcome.’’ ahead. sented by the floor managers, Senators I also welcome the support of others I wholeheartedly thank the members SPECTER and LEAHY. who have come recently to this cause of the civil rights community. Senator CORNYN suggested in his re- and struggle. I welcome our Senate bill Led by Wade Henderson and Nancy marks that he wishes we had taken cosponsors who joined us after the Zirkin at the Leadership Conference on more time to debate fully some of the companion House bill had already won Civil Rights and by Bruce Gordon and issues raised by the reauthorization. In 390 votes and even those who joined Hilary Shelton of the NAACP and by particular, he said he wished more time after the Senate bill was successfully lawyers like Ted Shaw and Leslie Proll had been taken to consider the trigger voted out of our Committee, 18–0. It is and all the voting rights attorneys who formula for section 5. As an initial never too late to join a good cause, and have made the cause of equal justice matter, the Senate began its consider- protecting the fundamental right to their lives’ work, they have been indis- ation of renewing the Voting Rights vote and have Americans’ votes count pensable to this effort and relentless in Act with the very substantial record is just such a cause. their commitment to what is best that had been assembled by the House, Someone who was not late to the about America. which contained over 10,000 pages that struggle but who has been at its fore- I thank my own staff, led by Bruce were the result of by over 8 months of front since his election to the Senate Cohen, backed by a wonderful staff of House Judiciary Committee hearings. in 1962 is the senior Senator from Mas- Kristine Lucius, Jeremy Paris, Kath- From our very first Senate hearing, sachusetts. He worked to pass the ryn Neal, Leila George-Wheeler, Mar- Chairman SPECTER stressed the need to

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.040 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8010 CONGRESSIONAL RECORD — SENATE July 20, 2006 build a strong record in anticipation of colleagues. Senators MCCONNELL, ferred candidate of choice’’ with their challenges to the act’s constitu- HATCH, KYL, and CORNYN engaged in a own voting power. In short, it provides tionality. That’s exactly what we did. colloquy regarding the meaning of sec- additional protection for naturally oc- We heard from legal scholars and vot- tion 5 of the Voting Rights Act reau- curring majority-minority districts. ing rights practitioners. We held 9 thorization bill presently before this The bill does not demand that such dis- hearings, heard from 41 witnesses, and body. I wish to express my agreement tricts be disbanded to create influence received well over ten thousand pages with those comments and add a few districts. of documentary evidence. That evi- thoughts of my own. I hope this language is now clear. I dence showed, unequivocally that dis- Section 5 of the proposed bill over- also thank my colleagues—Senators crimination, including intentional dis- turns two Supreme Court cases: Reno MCCONNELL, HATCH, KYL, and CORNYN— crimination, persists in the covered ju- v. Bossier Parish, or Bossier Parish II, for their lucid explanations earlier. risdictions, and that the trigger is ef- and Georgia v. Ashcroft. The goal of The PRESIDING OFFICER. The fective in identifying jurisdictions for the bill is to protect districts that con- Democratic leader is recognized. Mr. REID. There is a definitive set of section 5 coverage. Senator CORNYN tain a majority of minority voters. We joined a unanimous committee in vot- are well aware of efforts in the past to books written about this time period ing for the committee bill, which re- disenfranchise minority voters. As a by Taylor Branch. When I read the first tains the act’s trigger formula. consequence, this language prohibits volume, I went over to the office of Senator CORNYN also held up a map legislators from acting purposely, with Congressman JOHN LEWIS because his of the United States depicting jurisdic- the intention of harming minority vot- name was mentioned in that book so tions that would be covered if the ers, to ‘‘unpack’’ majority-minority often that a number years ago when amendment offered last week in the districts and to disperse those minority the book was published, I talked to House by Representative NORWOOD had voters to other districts. JOHN LEWIS about his valiant efforts to been adopted, which would base cov- First, the bill overturns Bossier Par- allow us to be in the place we are erage on voter registration and turnout ish II by prohibiting voting changes en- today. I mention that because after during the last three Presidential elec- acted with ‘‘any discriminatory pur- having read the third volume of Taylor tions. Representative NORWOOD had a pose.’’ This language bans a govern- Branch’s book, ‘‘At Canaan’s Edge,’’ full airing of his proposal and many ment official from discriminating which I completed a week ago, I was rose in opposition, including Chairman against minority voters. If a govern- stunned by many references to Senator SENSENBRENNER. The opponents of the ment official could create a district TED KENNEDY. amendment overwhelmingly carried that would benefit minorities, but pur- One full page talks about a time that the day. posely chooses not to do so because it Senator KENNEDY made his first trip to Senator CORNYN said that the Nor- will be majority-minority then that Mississippi. His brother had been assas- wood trigger would not appear to gut government official will have violated sinated. He went with Dr. King to Mis- section 5. However, under The Norwood this bill. sissippi for the first time. There were formula, the State of Louisiana essen- Although this is an important re- 150 pounds of nails, an inch and three- tially wouldn’t be covered. Yet, there quirement, I have heard concerns that quarters long, dumped in the pathway, is substantial evidence in our record of the Justice Department may abuse the three police cars with nails in their ongoing and recent voting discrimina- new language designed to overturn tires and were unable to continue. tion in Louisiana. Yet the so-called up- Bossier Parish II and require States to There were threats made on Senator dated trigger formula would exclude maximize the number of majority-mi- KENNEDY’s life. I was so stunned by this sort of jurisdiction from coverage. nority districts—or to create so-called reading that that I called Senator KEN- Finally, Senator CORNYN and Senator coalition or influence districts. In NEDY and read that to him and asked if KYL discussed the provision of the bill cases such as Miller v. Johnson, 515 U.S. this brought back memories of his first known as the Georgia v. Ashcroft fix, 900, 921, 1995; Bush v. Vera, 517 U.S. 952, trip to Mississippi. which clarifies the retrogression stand- 1996; and Hunt v. Cromartie, 526 U.S. 541, I mention JOHN LEWIS and Senator ard in the wake of the Supreme Court’s 1999, however, the Supreme Court has KENNEDY because they are only two of decision in Georgia v. Ashcroft. The held that the Justice Department’s one the many who made significant sac- bill restores section 5’s ‘‘ability-to- time policy of requiring States to rifices to get us to the point where we elect standard,’’ which was set forth in maximize majority-minority districts are today. On March 15, 1965, Lyndon the Beer case. Under the Beer standard, violated the Constitution. I want to Johnson came to the Capitol to address ‘‘ability-to-elect’’ districts include ma- make it clear that this bill does not a joint session of Congress. He spoke to jority-minority districts where minor- allow such behavior, much less require a House, a Senate, and a nation that ity voters demonstrate an ability to it. had been rocked by recent violence, es- elect the candidates of their choice. As I understand it, the new language pecially in Selma, AL. President John- Contrary to the suggestions of Senator we are adding allows the Justice De- son’s purpose that night was to spur CORNYN and Senator KYL on the floor, partment to stop purposeful, unconsti- Congress to finally move forward on while the standard rejects the notion tutional behavior. It does not grant the the Voting Rights Act, the legislation that ‘‘ability-to-elect’’ districts can be Justice Department license to violate whose authorization we are going to traded for ‘‘influence’’ districts, it also the Constitution. It does not authorize vote on today. That Congress, in 1965, recognizes that minority voters may be the Justice Department to define for like this Congress in 2006, was slow to able to elect candidates of their choice itself what is a ‘‘discriminatory pur- pass voting rights legislation. So Presi- with reliable crossover support and, pose.’’ And it does not give the Justice dent Johnson came to the Hill to re- thus, does not mandate the creation Department a blank check to require mind everybody what was at stake. and maintenance of majority-minority States to maximize influence or coali- Here is what he said: districts in all circumstances. The test tion districts. This time, on this issue, there must be no is fact-specific, and turns on the par- Second, the bill overturns Georgia v. delay, no hesitation, and no compromise with our purpose. We cannot and we must ticular circumstances of each case. As Ashcroft by protecting the ability of minorities to ‘‘elect their preferred not refuse to protect the right of every both Senator CORNYN and Senator KYL American to vote in every election that he noted, the Voting Rights Act is not candidates of choice.’’ Some com- may desire to participate in. And we ought about electing candidates of particular mentators have read Georgia v. not, and we cannot, and we must not wait parties. It’s about enabling minority Ashcroft as allowing States to break another 8 months before we get a bill. We voters to participate effectively and up naturally occurring majority-mi- have already waited a hundred years or equally in the political process. nority districts to create other dis- more, and the time for waiting is gone. I thank the Senator and yield back tricts where minorities have less vot- Mr. President, once again, in our whatever time remains. ing power but still exercise important country, at this time, the time for Mr. SPECTER. Mr. President, I seek influence in elections. The bill’s new waiting is gone. The Senate cannot and recognition to elaborate upon views ex- language protects districts in which we must not go another day without pressed earlier today by several of my minority citizens select their ‘‘pre- sending the Voting Rights Act to the

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.028 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8011 President. We have already waited too personal heroes. I understand Senators Mr. LEAHY. Mr. President, I want to long. I, like many others, expected this LEAHY and SALAZAR are doing some- make sure—I was not trying to force it legislation to be passed months ago. I thing similar with Cesar Chavez. I sup- to a vote. I know the distinguished Re- remember months ago standing on the port that. Heroic actions of men such publican leader will speak next, but Capitol steps with Senator FRIST, as JOHN LEWIS and Cesar Chavez are many of us spent a lot of time on this, House leaders, chairmen and ranking shining examples of the heroic actions and we want to make sure it will be— members of the Judiciary Committees of so many during the fight for equal as one of the managers of the bill—we from both bodies, and civil rights lead- rights. want to make absolutely sure there ers, to announce the bipartisan-bi- Congressman LEWIS is a civil rights will be a rollcall vote. cameral introduction of this bill. It icon. He has given his entire life to the If nobody is seeking recognition, I seemed that this act would move for- causes of justice and liberty. As I have suggest the absence of a quorum. ward in swift bipartisan fashion. But it said, he was a key organizer of so many The PRESIDING OFFICER. The has not. things, not the least of which was the clerk will call the roll. How long must we wait? How wrong 1963 march in Washington. I was here. I The assistant legislative clerk pro- that perception proved to be. In the saw it. He was in Selma when the billy ceeded to call the roll. House, consideration was delayed for clubs, police dogs, and fire hoses were Mr. FRIST. Mr. President, I ask weeks and weeks. It was only recently used on that bloody Sunday, and he unanimous consent that the order for passed over the objections of conserv- had his body beaten on many occa- the quorum call be dispensed with. ative opponents. In the Senate, we saw sions. But he hasn’t given up the fight, The PRESIDING OFFICER. Without similar delay. In fact, as recently as even to this day. objection, it is so ordered. last week, the majority leader was not Similarly, during his life, Cesar Cha- Mr. FRIST. Mr. President, 41 years— sure he would even bring this bill to vez was a champion of the American that is how long it has been since the the floor before the August recess. principles of justice, equality, and free- Voting Rights Act was first enacted in In the House, consideration was de- dom. He fearlessly fought to right the 1965, and we have come a long way in layed for weeks. It recently passed over wrongs literally of those injustices in- those 41 years. That much was made the objections of conservative oppo- flicted on American farm workers and clear to me on a recent visit to the Na- nents. brought national attention to the tional Civil Rights Museum in Mem- Thankfully, he listened to Demo- causes of labor and injustice. phis, TN, just about 3 weeks ago with crats. Thankfully, everyone listened to America is a better place because of President Bush and Dr. Ben Hooks, a what we had to say, including our dis- JOHN LEWIS and Cesar Chavez. By plac- renowned civil rights leader, a former tinguished majority leader. Obviously, ing their names on this landmark legis- executive director of the NAACP for 14 from last Friday to today, he had a lation, we can be sure Americans will or 15 years a personal friend of myself change of heart and brought this bill always remember the sacrifices made and my distinguished colleague from before the Senate. in the name of equality. Tennessee who is with me on the floor, The Voting Rights Act is too impor- I began by quoting Lyndon Johnson’s LAMAR ALEXANDER. tant to fall by the wayside like so speech in 1965. There is another excerpt Together we visited the site of the many other issues that have fallen by from that speech which I will read, and assassination of Martin Luther King, the wayside, I am sorry to say, in this it is as follows: Jr., at the Lorraine Motel, which over Republican Senate. Remember, the In our time we have come to live with mo- the past several decades has developed Voting Rights Act isn’t just another ments of great crisis. Our lives have been into a wonderful, inspiring civil rights bill. It is paramount to the preserva- marked with debate about great issues; museum. As we walked through that tion of our democracy, literally. As we issues of war and peace, issues of prosperity museum with Dr. Hooks, in his voice have seen in recent elections, we re- and depression. But rarely in any time does could one capture that sensitivity, that main a nation far from perfect. The an issue lay bear the secret heart of America inspiration, some sadness as we walked itself. Rarely are we met with a challenge, through, and he recounted the events fact is, we still have a lot of work to not to our growth or abundance, our welfare do, but in the last 40 years, thanks to or our security, but rather to the values and surrounding that time, but history the Voting Rights Act, we have come a the purposes and the meaning of our beloved came alive. long way. Nation. It was an ugly moment in our collec- Before this Voting Rights Act be- This same challenge—a challenge to tive history and certainly not Amer- came law, African-Americans who tried the values and the purposes and the ica’s finest hour, but the museum rein- to register to vote were subject to meaning of our Nation—is now before forced the impressions I had. It strikes beatings, literacy tests, poll taxes, and the Senate. In just a few minutes, we your conscience. It reminds you of the death. are going to pass overwhelmingly the lessons learned, lessons I saw once Before the Voting Rights Act, over 90 Voting Rights Act of 2006. It is a chal- again on a pilgrimage I took with Con- percent of eligible African-American lenge which this body has met. We gressman JOHN LEWIS and about 10 of voters in Mississippi didn’t and have done it purposefully and right- our colleagues a little over 2 years ago couldn’t register to vote, not because fully, and history books will indicate when we visited the civil rights sites in they didn’t want to, they simply were that we have made a significant step Tennessee and Alabama, and together unable to, they were not permitted to. forward. There is more to do, but this we crossed Selma’s Edmund Pettus Before the Voting Rights Act, it is a big step forward. Bridge where, over four decades ago would have been unheard of to have 43 I yield the floor. now, Congressman LEWIS led those African-American Members of Congress Mr. LEAHY. Mr. President, have the peaceful marchers in the name of vot- as we have today. yeas and nays been ordered? ing rights for all. In the Senate, we cast a lot of votes, The PRESIDING OFFICER (Mr. What struck me most during that pil- but not all of them are for causes for CHAFEE). They have not. grimage a couple of years ago and then which Americans just a few decades Mr. LEAHY. I ask for the yeas and 3 weeks ago during that museum visit ago were willing to risk their lives. It nays. with Dr. Hooks is how we as a nation is a sad fact of American history that The PRESIDING OFFICER. Is there a pushed through that time, as we per- blood was spilled and violence erupted sufficient second? severed to correct injustice, just as we before the Nation opened its eyes to There appears to be a sufficient sec- have at other points in American his- justice and the need to guarantee in ond. tory. It reminded me of our ability to law everyone’s right to vote. The yeas and nays were ordered. change; that when our laws become de- It is important that all of us remem- Mr. REID. Mr. President, the major- structive to our unalienable rights, ber the sacrifice of those Americans, ity leader should be here momentarily. such as liberty and pursuit of happi- and to make sure we do, after this bill I suggest the absence of a quorum. ness, it is the right of the people to becomes law, I will seek to add the Mr. LEAHY. Mr. President, if the alter or abolish them. And it reminded name of JOHN LEWIS to this bill. I al- Senator will withhold. me of the importance, the absolute ne- ready talked about his being one of my Mr. REID. I withhold, of course. cessity of ensuring the permanence of

VerDate Aug 31 2005 04:25 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.098 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8012 CONGRESSIONAL RECORD — SENATE July 20, 2006 the changes we made, the permanence Specter Talent Voinovich Mr. HATCH. Mr. President, I thank of correction to injustice. Stabenow Thomas Warner my colleagues for granting unanimous Stevens Thune Wyden So I am very pleased that in just a Sununu Vitter consent to pass the most comprehen- sive child crimes and protection bill in few minutes, we will act as a body to NOT VOTING—2 reauthorize the Voting Rights Act. We our Nation’s history—H.R. 4472, the owe it to the memories of those who Crapo Enzi Adam Walsh Child Protection and fought before us—and we owe it to our The bill (H.R. 9) was passed. Safety Act of 2006. future, a future when equality is a re- Mr. FRIST. I move to reconsider the This bill started in the House of Rep- ality in our hearts and minds and not vote. resentatives by a courageous and ambi- just the law—to reauthorize the Voting Mr. REID. I move to lay that motion tious Congressman from Florida, MARK Rights Act. on the table. FOLEY. MARK is with us in the Senate I hope my colleagues will join me in The motion to lay on the table was Chamber today, and I want to thank voting for this critical legislation be- agreed to. him, again, for getting this ball rolling cause in the 41 years since it became f and for fighting like a champion on be- law, we have seen tremendous progress, ORDER OF BUSINESS half of our children. I appreciate his te- and now it is time to ensure that the nacity and enthusiasm—we would not progress continues, that we protect the Mr. FRIST. For the information of be here without his devotion and hard civil liberties of each and every Amer- our colleagues, the Democratic leader work. ican. and I have been in discussion. Let me I also thank Senator BIDEN, who Mr. President, I yield back all our briefly outline what the plans for to- joined me in sponsoring the original time. night will be and tomorrow. Most im- Senate version of this bill. Senator portantly for my colleagues, there will Mr. LEAHY. Mr. President, is there BIDEN and I have worked together on so be no more rollcall votes tonight or to- still time available on this side? many bills, none more important than morrow. We will probably see a lot of The PRESIDING OFFICER. All time what we are accomplishing today for Members leave the room. has expired. our children. Senators FRIST, SPECTER, We will turn within a couple of min- Mr. LEAHY. The yeas and nays have and REID thank you for making this utes to the Adam Walsh Child Protec- been ordered. bill priority and for getting this bill tion and Safety Act, a very important The PRESIDING OFFICER. The through. bill that we will spend approximately 2 The bill we are about to pass, the question is on the third reading of the hours on tonight. Following that, we Adam Walsh Child Safety and Protec- bill. will have debate on two circuit judges tion Act, represents a collaboration be- The bill (H.R. 9) was ordered to a and two district judges. We will be vot- tween the House and Senate to include third reading and was read the third ing on the Adam Walsh Child Protec- the strong provisions of S. 1086, the Sex time. tion and Safety Act tonight by voice Offender Registration and Notification The PRESIDING OFFICER. The bill vote and all four of those judges by Act, and H.R. 4472, The Child Safety having been read the third time, the voice tonight. Act. It creates a National Sex Offender question is, Shall the bill pass? On this We will be in tomorrow. We will have Registry with uniform standards for question, the yeas and nays have been no rollcall votes tomorrow. I will have the registration of sex offenders, in- ordered. The clerk will call the roll. an announcement later tonight or pos- cluding a lifetime registration require- The assistant legislative clerk called sibly tomorrow on what the schedule ment for the most serious offenders. the roll. will be on Monday in terms of votes on This is critical to sew together the Mr. MCCONNELL. The following Sen- Monday, if we will have a vote or not. patch-work quilt of 50 different State ators were necessarily absent: the Sen- Debate tomorrow will be, in all likeli- attempts to identity and keep track of ator from Idaho (Mr. CRAPO) and the hood, on the Child Custody Protection sex offenders. Senator from Wyoming (Mr. ENZI). Act, plus we will have a period of The Adam Walsh Act establishes Further, if present and voting, the morning business for other matters. strong Federal penalties for sex offend- Senator from Idaho (Mr. CRAPO) would With that, we will be able to turn to ers who fail to register, or fail to up- have voted ‘‘yea.’’ the Adam Walsh Child Protection and date their information, including up to The PRESIDING OFFICER (Mr. Safety Act which we will be passing in 10 years in prison for non-compliance. CORNYN). Are there any other Senators about 2 hours. The Adam Walsh Act imposes tough in the Chamber desiring to vote? f penalties for the most serious crimes The result was announced—yeas 98, against children, including a 30 year nays 0, as follows: CHILDREN’S SAFETY AND VIO- mandatory penalty for raping a child [Rollcall Vote No. 212 Leg.] LENT CRIME REDUCTION ACT OF and no less than 10 years in prison for 2006 YEAS—98 a sex trafficking offense. In fact, this Akaka DeMint Leahy The PRESIDING OFFICER. The Sen- bill creates a series of assured pen- Alexander DeWine Levin ate will now proceed to the consider- alties for crimes of violence against Allard Dodd Lieberman ation of H.R. 4472, which the clerk will children, including penalties for mur- Allen Dole Lincoln Baucus Domenici Lott report. der, kidnapping, maiming, and using a Bayh Dorgan Lugar The assistant legislative clerk read dangerous weapon against a child. And Bennett Durbin Martinez as follows: the bill allows for the death penalty in Biden Ensign McCain the most serious cases of child abuse, Bingaman Feingold McConnell A bill (H.R. 4472) to protect children, to se- Bond Feinstein Menendez cure the safety of judges, prosecutors, law including the murder of a child in sex- Boxer Frist Mikulski enforcement officers, and their family mem- ual exploitation and kidnapping of- Brownback Graham Murkowski bers, to reduce and prevent gang violence, fenses. Bunning Grassley Murray and for other purposes. Burns Gregg Nelson (FL) The bottom line here is that sex of- Burr Hagel Nelson (NE) AMENDMENT NO. 4686 fenders have run rampant in this coun- Byrd Harkin Obama (Purpose: In the Nature of a substitute) try and now Congress and the people Cantwell Hatch Pryor The PRESIDING OFFICER (Mr. are ready to respond with legislation Carper Hutchison Reed Chafee Inhofe Reid CORNYN). Under the previous order, the that will curtail the ability of sex of- Chambliss Inouye Roberts Hatch amendment at the desk is agreed fenders to operate freely. It is our hope Clinton Isakson Rockefeller to. that programs like NBC Dateline’s ‘‘To Coburn Jeffords Salazar Cochran Johnson Santorum The amendment (No. 4686) was agreed Catch a Predator’’ series will no longer Coleman Kennedy Sarbanes to, as follows: have enough material to fill an hour or Collins Kerry Schumer (The amendment is printed in today’s even a minute. Now, it seems, they can Conrad Kohl Sessions RECORD under ‘‘Text of Amendments″) go to any city in this country and Cornyn Kyl Shelby Craig Landrieu Smith The PRESIDING OFFICER. The Sen- catch dozens of predators willing to go Dayton Lautenberg Snowe ator from Utah is recognized. on-line to hunt children.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.100 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8013 Laws regarding registration for sex gether for a long time. It is hard for me more than legislation, this is more offenders have not been consistent to believe we have been here as long as than passing this piece of legislation. from State to State now all States will we have. I have actually been here a This is the stuff of which your life’s lock arms and present a unified front couple years longer than he has. We work is viewed as being worthwhile. in the battle to protect children. Web have our differences in philosophy. We I remember Jerry Brown, when he sites that have been weak in the past, have never had any differences person- used to be the Governor of California, due to weak laws and haphazard updat- ally. We have never had any differences once said when he was cutting pay—I ing and based on inaccurate informa- in terms of our relationship. am not making a judgment of whether tion, will now be accurate, updated and The two things I am proudest of that he should have or should not have— useful for finding sex offenders. we have both done is we have both— when cutting the pay of State employ- There are more than a half-million and I say this somewhat self-serving, I ees, he made a statement only Jerry registered sex offenders in the United acknowledge—we both always hired Brown could make, 20 years ago: Well, States. Those are the ones we know. staff that is respected. I do not think they have the psychic remuneration of Undoubtedly there are more. That there has ever been a time that ORRIN living in California. I do not know number is going to go up. Over 100,000 has not had a staff and staff members about that. But I can tell you that the of those sex offenders are registered who my staff completely, totally trust- psychic remuneration for ORRIN HATCH but missing. That number is going to ed. I think it is fair to say that is the and JOE BIDEN and Ken Valentine and go down. We are going to get tough on case on ORRIN’S side as well. Dave Turk, and many others who these people. Some estimate it is as That makes a gigantic difference be- worked on this, makes this job worth- high as 150,000 sex offenders who are cause I think the work that Ken Valen- while. not complying. That is killing our chil- tine, the fellow sitting to ORRIN’S The two things of which I am most dren. right, did—a loner, Secret Service guy proud that I have done in 33 years are Another important part of this bill from the administration, from the ex- dealing with this issue in particular will help prevent the sexual exploi- ecutive branch—and a fellow I am very and culminating in this legislation, the tation of children through the produc- proud of, whom I will mention in a mo- Adam Walsh Child Protection Safety tion of sexually explicit material. ment—the work they did with John Act, and the Violence Against Women Every day we hear new stories about Walsh and others, to overcome the hur- Act—which, I might add, one of only how pornographers and predators take dles that get thrown in the way of good seven guys who jumped out front in advantage of new technology to exploit legislation because everybody has their 1994 to get that done was also ORRIN children in new ways. It is very dif- own agenda. HATCH. ficult for legislatures even to keep up, Everybody knows that for Orrin and So, Senator HATCH, I thank you. We and when we do pass new legislation, it me—and I would add my friend from have been in the minority, the major- is often stymied in the courts. North Dakota—that some of us have ity, the minority; we have switched Federal law requires producers of had this as sort of a—I have been ac- places back and forth, but it has never some sexually explicit material to keep cused of this being a hobbyhorse for changed our relationship, never records regarding the identity and age me, this, all the work we have done for changed how we have worked with each of performers and to make those so long on dealing with child predators other, and never changed the good records available for inspection. The and abused women and abused children. work I think we and many others can current statute, however, was enacted But what happens sometimes is that say we are proud to have participated before the Internet existed and covers good legislation gets stuck because in. only some sexually explicit material. other Senators, who do not have that Mr. President, I wish to talk a few The provisions in the act before us as the same priority—although they minutes about the actual act. Congress brings key definitions in the law up to are for it—attach a lot of extraneous has done a good deal over the last 25 date, extends the record keeping re- things because there is something they years—and I might add, starting with, quirement to more sexually explicit feel is even more critical than the leg- God love him, our old and deceased material, and makes refusal to permit islation, and they see it, to use the friend, Senator Thurmond from South inspection of these records a crime. Senate jargon, as a vehicle to get their Carolina—to protect kids. We created I want to thank John Walsh, host of views heard and their legislation the National Center for Missing and ‘‘America’s Most Wanted,’’ and his passed. Exploited Children in 1984. We enacted wife, Reve—who have waited nearly 25 Well, as to the work that Dave Turk the crime bill in 1994. We enacted the years for this day. Next Thursday, July of my staff did and Ken Valentine did Amber Alert system in 2003. 27, 2006, marks 25 years since the ab- in order to sort of clear the way for But every time we have done some- duction and subsequent murder of their this, I think everyone who has worked thing significant, the bad guys have son Adam—for whom this bill is on this, including John Walsh, would figured out a way to take advantage of named. And on that 25th anniversary acknowledge is extraordinary. it, to find a loophole, to find an open- the President will sign into law legisla- So I want to personally—there are ing. And that is what this is about— tion that will help law enforcement do others, I am sure. There are others. I and I wish he had floor privileges be- what John has been doing all along— do not mean, by mentioning these two cause he could speak to it better than hunt down predators and criminals. I individuals, to in any way denigrate any of us—but this is about, to para- want to thank the National Center for the incredible work done by so many phrase John Walsh, with whom I had Missing and Exploited Children for others. But I think sometimes the pub- dinner the other night—this is about their tireless work and for their assist- lic wonders why we pay staff mem- closing the door. This is about uniting ance with crafting this legislation. bers—all of whom can make a lot more 50 States in common purpose and in This is smart legislation and I am money if they did something else—the league with one another to prevent very proud of the Adam Walsh Act. I kind of salaries they get paid, in rel- these lowlifes from slipping through am determined that Congress will play ative terms. It is because they are so the cracks. So we recognize that what its part in protecting the children of good. They are so dedicated. They are we have done in the past did not do all my home state of Utah and America. I so talented. we wanted to do. have never been more excited to see a In my experience of being here 33 I might add one more thing. JOE bill signed into law. years, I have found that when a staff BIDEN and ORRIN HATCH come from dif- The PRESIDING OFFICER. The Sen- member, no less than a Senator, has an ferent sides of the political spectrum ator from Delaware. intellectual as well as an emotional on a lot of things. But I can assure you, Mr. BIDEN. Mr. President, I begin commitment to what they are doing, it not only is this tough, but the civil lib- speaking to this legislation by thank- is even more effective. erties of Americans are not in jeopardy ing my buddy. And I know that is a col- I know for my friend and staff mem- with this. This is not—this is not—a loquial expression in this formal place ber, Dave Turk, who is a father, and for case where in order to get bad guys we we work when I say ‘‘my buddy,’’ but Ken Valentine, whom I have only got- have had to in any way lessen the con- Senator HATCH and I have worked to- ten to know personally recently, this is stitutional protections made available

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I would argue that there brought in under this bill to lend their cause it reminds me of one of my chil- are a whole lot more than 550,000, who expertise and manpower to help track dren I lost. never get caught up in the criminal down these dangerous individuals. I could never do what John and Reve web for a thousand different reasons John and I were talking about it at did. I could never do what they did. that I do not have time to explain. But dinner. These guys saddle up, to use his And we could have never done today at a minimum, this means there are as phrase. They are the most underrated, what we are doing without them. That many as 150,000 of these dangerous sex underestimated part of American law is not hyperbole; that is the God’s offenders out there, individuals who enforcement. They do the job incred- truth. We could never have gotten this have already committed crimes and ibly well. They want to get in on this, done without John and Reve Walsh. may, unless we do something, continue and they are now part of this. We now It has to be one god-awful bitter mo- to jeopardize the most vulnerable have designated their expertise and ment, for the 27th of this month, if I among us. manpower to track down these individ- am not mistaken, will be the 25th anni- The Adam Walsh Child Protection uals. versary. and Safety Act takes direct aim at this One of the biggest problems in our A lot of people on this floor, includ- problem. Plain and simple, this legisla- current sex offender registry system ing one of my colleagues I am sitting tion, I can say with certainty, will save happens when registered sex offenders with, have lost children. It doesn’t children’s lives. travel from one State to another. matter whether it is 2 years past, 10 Sexual predators must be tracked, Delaware has worked hard to keep years, 25 years, or 50 years past. That and our cops and our parents have a track of the 3,123 sex offenders reg- part never passes. I thank John and right to know when these criminals are istered to my State. But there are Reve for their courage, courage way be- other States that are not so advanced in their neighborhoods. That is what yond anything I could possess. and whose systems are not so sophisti- I have known John for many years. we do here. First—an important point—let’s cated. We go way back to 1984, working to- This bill fully integrates and expands start at the beginning. This legislation gether to create the National Center the State systems so that communities requires sex offenders to register prior for Missing and Exploited Children nationwide will be warned when high- ATCH. He has been to their release from prison, to make along with Senator H risk offenders come to live among at it year after year, pushing the Con- sure we give them absolutely no oppor- them. And we target resources under gress to do more. tunity to do what happens now: fall this bill at the worst of the worst and John, you have been an inspiration. through the cracks between the mo- provide Federal dollars to make sure You continue to be. Don’t underesti- ment the prison door opens and before States aren’t left holding the bag. mate it. You have been doing it so they set up a residence. We also require the U.S. Department long, don’t underestimate how many We also make sure we are keeping of Justice to create software to share thousands of people take solace from tabs on everyone who poses a threat to with States in order to allow for infor- what you do and what you have done. our kids. Advances in technology are a mation to be shared instantly and It has not been my style in 33 years great thing, but many times there is a seamlessly among them. When a sex of- to take the floor to speak in such per- dark side. The Internet, for example, fender moves from New Jersey to Dela- sonal terms, but this is ultimately per- puts the knowledge of the world at a ware, for example, we have to be abso- sonal. It is the ultimate, ultimate per- child’s fingertips, but it can also be and lutely sure that Delaware authorities sonal thing, your child. is abused by sexual predators causing know about it. Earlier this week I had a chance to kids harm. To steal a phrase from my This bill also mandates a national sit down with Ed Smart whose daugh- son, who is a Federal prosecutor, he sex offender Web site so that parents ter Elizabeth—what a magnificently told me: Dad, it used to be you could can find out who is living in their beautiful, poised, gracious young lock your door or hold your child’s neighborhoods. Parents will now be woman—then 14 years, was abducted at hand at the mall and keep them out of able to search for information on sex gunpoint from her family in Salt Lake harm’s way. offenders by geographic radius and ZIP City while her parents and four broth- But today, in my son’s words, with a Code. ers slept. She was found 9 months click of a mouse, a predator can enter Do we have a silver bullet, a fool- later. The strength of that family’s your child’s bedroom in a locked home proof system here? I have been around character, its resilience is remarkable. and begin the pernicious road to vio- too long to know the answer to that I have taken too much of the Sen- lating that child. That is why this leg- question is no. What we do have is a ate’s time. Let me again thank my col- islation adds the ‘‘use of the Internet slew of commonsense ways for fixing league from Utah. I also thank our to facilitate or commit a crime against our current problem. committee chairman and all the mem- a minor’’ as an offense that could trig- As I mentioned earlier, it has taken bers of our committee. They also de- ger registration. us months and years to get to the point serve a great deal of credit. And once someone is on a sex of- of enacting this important bill into Other Senators, including my col- fender registry, we make sure they law. Again, I give credit where credit is league on the floor, who has been re- can’t go back into hiding in the shad- due, as has already been mentioned, to lentless, absolutely relentless, Senator ows. Under this bill, child predators John and Reve Walsh. I know we are DORGAN; he added a major, important would be required to periodically and not supposed to—and I will not—vio- piece to this legislation. I thank him in person check in with the authori- late Senate rules by pointing out who for that. Senator BILL NELSON, CHUCK ties. is where. But the fact is, if I were sit- GRASSLEY, all contributed important They also would be required to up- ting next to them in the gallery now, I parts to this bill. They each took trag- date their photographs so law enforce- suspect if I put my hand on his arm, I edies that happened in their States and ment and parents will know where would feel the tension in his arm. used them as a call to action. these folks are and what they look like This has to be a very bittersweet mo- Senators FRIST and REID—our major- now and not solely what they looked ment for John Walsh. For what are we ity and minority leaders—also deserve like years ago that is unrecognizable doing here today? We are naming a bill all our thanks by ensuring that this now. that will save the lives of hopefully important bill was treated with the And if a registered offender fails to thousands of other young people after a priority it deserved. comply with any of these require- beautiful young boy who was victim- Congressman FOLEY has worked tire- ments, he or she faces a felony of up to ized and killed. lessly on this bill in the House for

VerDate Aug 31 2005 04:39 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.102 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8015 years, and Congressman POMEROY was they are helping those who are victims unsuspecting, on the innocent, in many by his side. And Chairman SENSEN- of life’s tragedies that befall us all and cases. We as parents have to be better BRENNER guided this bill through the giving them an inspiration to move for- armed to deal with these people who House of Representatives. ward and turn tragedy into triumph. want to reach into our homes and cor- I don’t think there is one of us on This is another triumph. It may not rupt members of our families, corrupt this floor who wouldn’t trade away this even be the biggest triumph they have everything that we are trying to teach bill for being able to bring back to life experienced, but it is certainly a tri- them not to do and, worse yet, poten- all those innocent lives that were lost umph and a positive thing to add to tially could opt them into behavior that allowed us, in a bizarre way, to that legacy. that could risk, ultimately, their lives. produce this legislation. I rise to talk about two pieces of this So this program is very important We cannot redeem the dead, but we bill I have been working on and of that the Justice Department is en- can, in fact, protect the living. I think which I am the author. One is called gaged in. I contacted the Department this bill, with the many parts I didn’t Project Safe Childhood. The second is and worked with them to develop an mention, including DNA testing and a called the Schools SAFE Act. I intro- authorization bill so we could provide a whole range of other things, is fair, de- duced Project Safe Childhood a couple stable stream of funding for Project cent, and honorable. Most important, months ago after learning of a program Safe Childhood and expand the pro- there is not a single thing we can do at the Justice Department called gram in a way that the Department on that is more worthy of our effort than Project Safe Childhood. its own could not do. protecting our children. That is what The Justice Department, in review- For example, increasing penalties for all of us on this floor—and many who ing and seeing the incredible prolifera- registered sex offenders, child sex traf- are not—today are playing a part in tion of child exploitation crimes, basi- ficking and sexual abuse, and other doing. cally being proliferated through the child exploitation crimes, which this Again, I close by thanking John Internet, took on a new program with- does. It creates a children’s safety on- Walsh. in the Department. This new program line awareness campaign and author- I yield the floor. was in response to what we see of sex- izes grants for child safety programs. The PRESIDING OFFICER. The Sen- ual predators on the Internet and with So in addition to what the Justice De- ator from Pennsylvania. other types of sexual trafficking, partment program does, we add those Mr. DORGAN. Is there an order of again, as a result of the Internet and provisions to help with better coordi- speaking this evening, if I might in- other places. They developed a pro- nation between State, local, and Fed- quire of the manager. gram which is a very good program. It eral prosecutors and investigators. Mr. HATCH. Mr. President, I ask has five main purposes: I had a meeting in the western dis- unanimous consent that we go back First, it seeks to integrate Federal, trict of Pennsylvania with our U.S. at- and forth so long as we have people on State, and local efforts and investigate torney, Mary Beth Buchanan, and both sides. So the distinguished Sen- and prosecute child exploitation cases. State and local officials. They were ator from North Dakota will be allowed Second, the project allows major case talking about it—just the practical dif- to speak next and then the distin- coordination between the Department ficulties of assigning police and inves- guished Senator from Virginia. of Justice and other appropriate Fed- tigators and detectives and prosecutors The PRESIDING OFFICER. Without eral agencies. on a local level and the support they objection, it is so ordered. Third, it increases Federal involve- need and the overlapping jurisdictional The Senator from Pennsylvania. ment in child exploitation cases by issues. So this will help them be able to Mr. SANTORUM. Mr. President, I providing additional investigative create seamless teams of people to go will pick up where the Senator from tools and additional penalties that are after these child abusers, as well as to Delaware left off and the Senator from available under Federal law that State project into the community informa- Utah, also thanking John Walsh and and local governments may not have. tion that is important to prevent these his wife Reve for their tremendous con- Four, the project provides increased crimes from happening. tribution to our society but in par- training for Federal, State, and local So I am grateful that Senators SPEC- ticular for this piece of legislation. We law enforcement regarding the inves- TER, HATCH, and LEAHY have worked to all have to deal in life with tragedies, tigation and prosecution of computer- include that provision in the bill. I struggles. It is the measure of a person facilitated crimes against children. think it will take us a step forward in to see how that individual responds. Finally, it promotes community and protecting our children from these Given the nature of the tragedy they educational programs to raise national predators and from exploitation. experience, it could have easily de- awareness about the threat of online The second piece of legislation is stroyed them. They took this horrific sexual predators and to provide infor- called the Schools SAFE Act. We spend incident and turned it into a tremen- mation to families on how to report a lot of time on the Senate floor talk- dous good. As Senator BIDEN says, who violations. ing about how we can improve the knows personally, I can’t think of any- As the father of six children, I can quality of education. But it almost thing worse than losing a child. Losing tell you that what Senator BIDEN said goes without saying that when you a child in such an incredibly tragic sit- about what parents used to feel they drop your child off at school, at a bare uation has to be more than you can could do to protect children—locking minimum, you expect that the people possibly bear. To take that emotion doors and being with them—has gotten who interact with them at school will and channel it into a positive course a lot more complex, with that fiber not harm them. You would think that for the benefit of other children is an optic tube that runs into your house would be almost a given. But, unfortu- incredible legacy for Adam. I know that allows the entire world to come nately, in our country today we actu- John and Reve do it for that reason, to crashing into your home and allows ally have a very poor system of check- build this incredible legacy. This leg- sick people to be able to prey on mem- ing as to whether people who are hired acy is added to today by naming this bers of your family. We need to do in schools are, in fact, safe for the chil- bill the Adam Walsh Child Protection more to educate parents. This is like dren with whom they interact. and Safety Act. pointing a loaded gun at your child, in Obviously, the vast majority of Not only is this a great thing they many cases, and asking them to get on teachers and people who work in are doing for society, they are a great and play. This is a dangerous tool. schools are good and decent people and model for so many who experience Yes, there are wonderful things on are there because they want to help tragedies every single day. People can the Internet. There is a tremendous children, not because they want to look at them and see how something world of knowledge and adventure on harm children. But like anything else, that I am sure brought them to their the Internet. But as we know, too often if you are someone who is a sexual knees can be turned around to do so the major traffic on the Internet is not predator, and you are looking to harm much good for so many. So they are those wonderful and informative sites. children, what better place to go than not only helping the children, helping They are sites that prey on our failings a place where there are children every those who are victims of crime, but and weaknesses, prey on the single day you could possibly exploit.

VerDate Aug 31 2005 04:39 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.104 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8016 CONGRESSIONAL RECORD — SENATE July 20, 2006 So it is important that we have suffi- I thank, again, the chairman and who violate them are caught and pun- cient checks in place to make sure that ranking member for their tremendous ished and have to pay to the maximum these predators are not in educational assistance to me in getting this legisla- extent. settings where they can harm and cor- tion in the final package. Again, I con- I thank the Senator from Utah for al- rupt our children. gratulate all who have been involved in lowing me the time, and I thank the The current state of play is basically this very important legislation. Senators from North Dakota and Vir- a mishmash of different State laws and The PRESIDING OFFICER. The Sen- ginia as well. different participation in a system cre- ator from Utah. The PRESIDING OFFICER. The Sen- ated to help schools access information Mr. HATCH. Mr. President, I ask ator from North Dakota is recognized. about criminal background checks. unanimous consent that 3 minutes be Mr. DORGAN. First, let me say to Some States require, for example, only yielded to the Senator from Georgia, the Senator from Utah, as well as to a State background check, while other and then we go back to the Senator my colleague, the Senator from Dela- States require an FBI background from North Dakota, and then to Sen- ware, that their leadership has been check. With these disparities, individ- ator ALLEN, and that would be it for very important on this legislation. uals continue to find opportunities to now. They will not know the names of those evade safeguards that have been put The PRESIDING OFFICER. Without whose lives are saved, but lives will be into place. objection, it is so ordered. saved because this legislation has In Pennsylvania, an FBI background The Senator from Georgia is recog- passed. I very much appreciate their check is only required for individuals nized. diligence and hard work. applying to schools for work and have Mr. ISAKSON. Mr. President, I thank This is a piece of legislation about lived in the Commonwealth for less the Senators for their courtesy. I protecting children. I don’t know what than 2 years. So if you lived in the thank Senator HATCH from Utah and is second place in the lives of many Commonwealth for several years and his committee for incorporating in this people, but I know what is in first you committed a crime someplace else, very important bill provisions known place, and that is the protection of Pennsylvania would not have the abil- as Masha’s law. I was privileged to children. They cannot protect them- ity to check that out. join, as an original cosponsor, with selves. It is our responsibility as par- Beginning in 2007, Pennsylvania will Senator KERRY on Masha’s law. ents; it is our responsibility in this require applicants who have lived in Masha is a young lady who, at an country to do the things necessary to the Commonwealth for more than 2 early age in Russia, was adopted by an protect our children. There are so years to also undergo FBI background American citizen who became her cus- many stories that it is almost hard to checks. todian. He brought her to the United begin, and you don’t know where to So we are addressing that issue in States and, systematically and over a stop. Pennsylvania. protracted period of time, abused her I think it just goes to show you that My interest in this goes back some and put her photographs over the there is no good system out there. long ways. My colleagues have de- Internet in enormous numbers. Masha, What we need to do is allow States to scribed John Walsh and the tragic loss fortunately, after a sustained period of access a database that was established of his son Adam Walsh. Those of us who time, was able to escape his custody. A by Congress in 1998 in the National have lost children understand that case was filed against him. He was in- Crime Prevention and Privacy Com- pain, but it must be enormously com- dicted and convicted and today is in- pact. This compact allows States to pounded by the pain of someone who carcerated in Massachusetts. share background information on indi- loses a child who has been abducted. Masha is, fortunately, now living in a viduals seeking employment in a My experience, especially with re- loving home in Georgia and has a won- school district. This is an important spect to North Dakota, a couple of derful mother who is truly an angel of thing to have all the States partici- years ago was to learn one day that a adoption in every way. pating in. I will not go through all of wonderful young woman had been ab- In researching this case, we found the problems, but there are all sorts of ducted in a parking lot of a shopping that young Masha, and many others memoranda and agreements and data- center in Grand Forks, ND, a young like her who have been abused in their sharing information. As a result of woman named Dru Sjodin, and, we lives, could not even recover under the that, only roughly half of the States— later found, murdered. 26 States—participate in the compact. laws as they existed. What Masha’s law There is a trial underway for some- Even States that have joined the com- does, and what is incorporated in here, one charged with murder in that case, pact don’t always get access to the in- is it changes ‘‘any minor’’ to ‘‘any per- but that case is like so many cases, it formation they need. This is a problem. son,’’ so that if a minor is depicted in seems to me. It is the case of Adam You could have a man from Pennsyl- photographs pornographically that are Walsh, it is the case of 9-year-old Jes- vania who committed sex crimes in distributed over the Internet, but by sica Lunsford, it is the case of a 12- Pennsylvania and moved to Nevada. the time the abuser is caught, the year-old girl named Polly Klaas. It is Nevada is a compact State. Nevada minor is an adult, they can still re- the case of Sarah Michelle Lunde, age could do the compact based check of cover. They cannot now, and that is ri- 13. whether this person has committed diculous. It makes sure that recovery Pull back the curtain and then ask crimes against children and find noth- on the part of a minor can take place the question: Who is it abducting these ing, because Pennsylvania does not when they become an adult, whether or children? Who are the sexual predators participate in the compact. So they not the guilty person is incarcerated. killing these children? could be hired in Nevada schools with- It raises from $50,000 to $150,000 the This is not some mystery. We know out any knowledge of the individual’s penalty for which that individual can the answer to this. The answer is, in problems in Pennsylvania. be recompensated if, in fact, someone most cases, that these murders and This is obviously a great threat to who depicts that picture and puts it on these abductions are done by those who our children. So what this bill does is the Internet and uses them is caught have been in our criminal justice sys- give schools across our Nation an es- and convicted. That compensation is to tem and who have abducted and mur- sential resource when making hiring be paid to the individual. dered before. decisions. They will be able to access Although I don’t think there is any I held a meeting in Fargo, ND, fol- this database and conduct fingerprint- price too high to cost an individual lowing the abduction of Dru Sjodin and based background checks on individ- who would take advantage of a minor, the introduction of legislation I call uals who are seeking work with or I think it is only appropriate to triple Dru’s law. What brings me to the floor around children in schools. So this is that penalty and make sure that reach- of the Senate today is the components another important step in protecting ing the age of adulthood does not ex- of Dru’s law have been included in this our children, in addition to all of the empt someone from recovery. It is a legislation. So, finally, it will become other provisions in this bill—pro- tribute to continuing to do what this law. tecting our children in this case in our bill does, and that is look after the pro- The Senate has passed Dru’s law schools. tection of minors and ensure that those twice on its own. We have not gotten it

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.105 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8017 through the U.S. House. Now it will be sharp-eyed waitress who called the po- stand that staff plays a very signifi- through the U.S. House and Senate as a lice, and she was saved. cant role in helping us write legisla- part of this Adam Walsh Child Protec- This case is an example of why there tion, do the research to get it correct tion and Safety Act, and it will become must be a national registry. and get it passed. law. Dru’s law, which I introduced, has I thank my colleagues, and I espe- A meeting I held in Fargo, ND, to three components. One is the creation cially say to the parents of Dru Sjodin: discuss Dru’s law is a meeting at which of a national registry of sex offenders. I believe that in honor of her memory I showed this poster. This meeting was The underlying legislation improves on we have, in this legislation, done some- just over a year and a quarter ago now. that by not only requiring the national thing significant. Section 120 is the I held the meeting at the city hall in registry but also standardizing the in- Dru Sjodin national sex offender public Fargo, ND. formation that will be in the national Web site. We create the three elements Prior to the meeting, I searched the registry. in Dru’s law in this legislation, and I computer for a registry of sex offenders Second, Dru’s law requires that when believe, in her memory, we will save to find out who was living within 1 a violent, high-risk sex offender is other lives. mile of where we were meeting at city about to be released from incarcer- There are many parents out there hall in Fargo, ND, who had previously ation, the local authorities must be no- today who have lost children, some to been convicted as a sexual predator— tified, the local States attorney must the horror of abduction by sexual pred- who were they? I would share the be notified. There is such a high risk to ators. If this legislation will—and I be- names with the folks who came to that the population of this high-risk of- lieve it will—prevent others from expe- meeting to say: Here is a registry in fender being released that perhaps riencing that horror, and if this legisla- North Dakota of sexual predators. there is cause to seek additional civil tion will—and I believe it will—save There is no national registry; this is incarceration, civil commitment, but children, then we will have done sig- North Dakota’s registry. they can’t do that if they don’t know nificant work here tonight. It is per- This is a poster that I showed the about the impending release. haps little noticed by some. We don’t folks who came to Fargo that day as an In fact, when a high-risk offender is have on legislation of this type perhaps example of someone who lived within a released from prison, they can’t just filled Chambers and substantial atten- mile of where we were having the meet- say: So long, good luck. That is exactly tion to it, but while it is perhaps little ing. His name is Joseph Duncan, first- what happens in too many cases. known publicly, what transpires here degree rape. He raped a 14-year-old boy Martha Stewart is thrown in jail. in the Senate tonight will have a sig- at gunpoint, burned the victim with a They put Martha in jail for 6 months, nificant influence on the future of chil- cigarette, made the victim believe he and when she gets out of Federal pris- dren in this country. was going to be killed by firing the gun on, she gets out of Federal prison wear- Mr. President, I yield the floor. twice on empty chambers; terminated ing an ankle bracelet, an electronic The PRESIDING OFFICER (Mr. from treatment; served a lengthy pris- bracelet that allows law enforcement CHAFEE). The Senator from Utah. on sentence; paroled, then absconded; to track her whereabouts. Mr. HATCH. Mr. President, I ask had a long history of sexual aggression I can give you an example of a very unanimous consent that the distin- as a youth. violent sex offender let out of prison guished Senator from Virginia speak That is his sheet from the registry in with no maintenance, no monitoring, next, but also after him, the distin- North Dakota. no electronic bracelet, just: So long, guished Senator from Texas and then What I didn’t know that day was that see you later; you served your time. the distinguished Senator from Wash- 1 month before the meeting I was hav- Yes, we will see them again when they ington, Ms. CANTWELL. ing in Fargo, this same man had been create another violent crime, another The PRESIDING OFFICER. Without charged with molesting a 6-year-old rape, another murder, another abduc- objection, it is so ordered. boy at a playground in Detroit Lakes, tion. That is why I support passing this The Senator from Virginia. MN, just across the border. Someone in kind of legislation. Mr. ALLEN. Mr. President, I rise this Minnesota checking the registry of sex- This legislation is going to save lives. evening in strong support of the Adam ual predators would not have found his Again I ask the question, and it is so Walsh Child Protection and Safety Act name. He was just miles away living in fundamental: If we send Martha Stew- of 2006. I commend Senator HATCH for Fargo, ND, but, in fact, he went over to art home with an electronic bracelet his steadfast leadership, his wisdom, Detroit Lakes, MN, and was charged on her ankle, we can’t do that to vio- and perseverance in finally getting this with molesting a 6-year-old boy. lent sex offenders when the psychia- measure to the floor for a vote. It is That is why we need a national reg- trists at the institute of incarceration long overdue. istry. Strangely enough, in April of have said, ‘‘We believe this person to be I have always believed that one of last year, he appeared on those at high risk for real offending’’? the very top, most important respon- charges, and a county judge set the Nearly three-quarters of the violent sibilities of government at the Federal, bail at $15,000, and he was released sex offenders are going to repeat that State, or, for that matter, the local after posting cash, promising to stay in offense when released from prison. We level is the safety and security of our touch, and he absconded and that is it. know that from statistics. Do we have people, particularly the most vulner- The judge said he didn’t know he had an obligation to protect children? The able people in our society—our chil- this record. answer is, you bet we do, and it is long dren. Then 2 months later, this man we past the time. That is why this legisla- When I was Governor of the Common- know now from intense media coverage tion is so very important. wealth of Virginia, I made the protec- was arrested in Idaho for kidnaping 8- As I said when I started, there is so tion of the people of Virginia, includ- year-old Shasta Groene and her broth- much here that is partisan in this ing our children, our top priority. We er, 9-year-old Dylan. The children had Chamber and the other Chamber, and worked with the legislature to abolish been missing for well over a month—2 there is so much that swirls around all the lenient, dishonest parole system in months actually—when the bound and of us in politics that we don’t like very Virginia that was releasing criminals bludgeoned bodies of their mother, much about today. But there are times after serving as little as one-fifth of their older brother and their mother’s when we do things that will make a dif- their sentence. We instituted truth in boyfriend were found at their rural ference, and we do things working to- sentencing in Virginia, and by doing home. This man is now charged with gether, Republicans and Democrats. that, when you read in the newspaper three additional murders and the kid- This is one of those moments of which or see in the news that a felon has got- naping of two children that he held and we can be proud. ten a 20-year sentence, he is serving 20 sexually abused for a number of Senator HATCH and Senator BIDEN years, not 4 or 5 years to come back months. did a wonderful job. They mentioned out and prey upon innocent law-abid- Dylan’s remains were later located, their staffs, and that is important. It is ing citizens again. and Shasta Groene, the young girl, was always the case that politicians take Clearly, the abolition of parole, truth spotted in a Denny’s restaurant by a the bows, but it is important to under- in sentencing, and longer sentences for

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.107 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8018 CONGRESSIONAL RECORD — SENATE July 20, 2006 felons has made Virginia safer. The on our children by exploiting new com- alties for child exploitation enterprises crime rates are down, and there are munications technologies, including and repeat sex offenders. This title also tens of thousands of people who will the Internet. Please understand: I be- creates a new crime—and this is impor- not be victims of crime. lieve the Internet is the greatest inven- tant—a new crime for embedding words I am going to talk about Adam tion since the Gutenberg press for the or digital images on to the source code Walsh, but there are a lot of other vic- dissemination of information and of a Web site with the intent to deceive tims of crimes. I remember when we ideas. It is a wonderful tool. And ever a person into viewing this obscenity. were trying to get the legislature and since I have been in the Senate, I have This is vitally important for all people. people behind the abolition of parole been working to make sure that avari- I tell you, it is important for families and truth in sentencing, listening to cious State and local tax commissars and children. This section is going to the stories of loved ones, of parents don’t impose 18-percent taxes on the help stop pornographers from tricking who would tell their stories, of people Internet in monthly charges. We don’t children into visiting their sites with released early and where they have want the Internet monthly bills to words that are designed to attract in- preyed upon, killed, or raped again. look like a telephone bill. Ron Wyden nocent young people. I will always remember a lady talk- from Oregon has been a good ally on The Internet safety provisions in this ing about being raped, and then right this. measure also fund Federal prosecution after her, another woman was talking But the Internet also can create new resources, including 200 new Assistant about being raped again, a second time, opportunities for criminals, especially U.S. Attorney positions to help pros- by that same person. That rapist was child predators. It is vitally important ecute persons for offenses related to released early. that we as parents and as elected lead- sexual exploitation of children, and 45 I remember talking about a police of- ers take the necessary steps to make more computer forensic examiners. ficer with young children. The police the Internet as safe as possible for our These are the experts who will be help- officer was killed on Father’s Day in children, as safe as possible for our ful within the regional computer foren- Richmond by someone released early. children when they are at home, as safe sic laboratories in the Department of The story of a young person working in as possible for them at schools, as well Justice. They include 10 more Internet the bakery in Richmond who was killed as in libraries. Crimes Against Children task forces. by someone released early. The story of I recently introduced a bill called the These are also important. There is a mother talking about a violent as- Internet Tax Nondiscrimination Act. some good work being done in Bedford sault and then the smothering with a This bill makes permanent the Inter- County, Virginia, in between Lynch- pillow of her daughter, and then having net tax moratorium, which is sched- burg and Roanoke. The sheriff, Mike to go back to the parole board to re- uled to expire next year. This measure Brown, in Bedford County has insti- count why that criminal, that mur- also increases the ability of parents to tuted Operation Blue Ridge Thunder derer, should not be released once protect their children from Internet which works on this, but the State and again. predators. In fact, this is still law local folks can certainly use the assist- Before I became Governor in Vir- today. We want to keep this going. ance and help of the forensic experts ginia, pedophiles were serving an aver- In our bill, we impose a responsi- and U.S. attorneys. After all, a lot of age of 31⁄2 years in prison. Now, with bility on Internet service providers to this is across State lines. All of these the abolition of parole, and truth in offer customers filtering technology. resources are absolutely necessary for sentencing, their sentences are 26 years The ISPs, or Internet service providers, the investigation and the prosecution rather than 31⁄2 years. Not surprisingly, need to limit access to material that of child sex offenses. there are now fewer victims of crime in would be harmful to minors. This fea- The Internet safety provisions in this the Commonwealth of Virginia. How- ture will create a powerful, and does bill also expand the civil remedy avail- ever, there continue to be child preda- create a powerful, financial incentive able to children who have been sexu- tors who lurk in the shadows of our so- for ISPs to provide the filtering tech- ally abused and exploited. ciety. nology that parents need. Once parents This is vitally important, common- Studies show that there are more are empowered with this technology, I sense legislation that is going to pro- than 550,000 registered sex offenders in guarantee you they will use it to pro- tect and, indeed, it is going to save the United States, and there are an es- tect their young sons and daughters. I lives. It is perfect that we pass a bill timated 100,000 sex offenders who are am pleased the Senate Commerce Com- named after Adam Walsh, a child who missing from the system. Loopholes in mittee approved this bill as part of the lost his life at age 6 to a child predator. this current system have allowed some telecom reform bill on a vote of 19 to 3. It can be Adam Walsh, but to all the sexual predators to evade law enforce- However, we as a legislative body parents who are out there who lost a ment and place our children at risk. have much more work to do, especially young child to a sexual predator, it can That is why the national registry as- when it comes to increasing penalties be their name put in here as well. The pect of this bill is so important. on Internet predators, by giving law parents of Adam Walsh have dedicated Some may wonder, why is there such enforcement officials the tools they their lives to making sure there are a focus on sex offenders? Why is there need to catch Internet predators and not other parents grieving with the such a focus on pedophiles and sex of- convict them. This is a key reason I loss of their son or their daughter. fenders and rapists? The reason is, if have signed on as a cosponsor of the Adam’s spirit lives on and the inspira- you look at the statistics—and it is not Adam Walsh Act. This legislation is vi- tion for action is in this measure, ac- unique to Virginia; it is the way it is tally needed. As I said, it should have tion that will save lives. More children across this country—the highest recidi- been passed many years ago. This legis- will be able to grow up with the inno- vist rate, or the highest repeat offender lation honors the memory of a 6-year- cence they deserve and the safety they rate of any crime—even higher than old boy named Adam Walsh who was deserve, thanks to the efforts of Adam murderers, even higher than armed kidnapped and murdered nearly 25 Walsh’s parents and also the wisdom, robbers—is sex offenders. That is why years ago. This bill also recognizes the on a bipartisan basis, of the Senate not it is so important we have the registry. tireless efforts of his parents, John and to dawdle, but to act. I commend the When someone is caught, first, they are Reve Walsh, who have been out- Senate for acting, particularly those in getting a long sentence, and the best standing advocates for children all the committee. I am honored to be a way to protect people is having these across America, in making sure we cosponsor, and I look forward to the sex offenders behind bars rather than have some common sense when we are passage of this act, the signing by the lurking in a parking garage or trying combating violent criminals. President, and the protection of chil- to lure young children. That is why the The Adam Walsh Act—and I want to dren all across America. focus on sexual predators is so impor- focus on one title—this bill in title 7 Mr. President, I yield the floor. tant, in that they have the highest re- includes what is called the Internet The PRESIDING OFFICER. The Sen- peat offender rate. Safety Act, sets out several provisions ator from Texas is recognized. Now, these days, child predators have that will dramatically increase Inter- Mr. CORNYN. Mr. President, I too increased their ability to inflict harm net safety, including tough new pen- rise to support the Adam Walsh Child

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.108 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8019 Protection and Safety Act of 2006. This As many of you know, John Walsh is laws against multiple child victims. It act represents landmark, bipartisan the host of ‘‘America’s Most Wanted’’ also enacts various other important legislation to protect the most vulner- and has spent a lot of time and effort provisions, including making the fail- able among us: our children. Over the working on this bill. This is not the ure to register as a sex offender a de- last several months, the House and the first time he has invested his efforts portable offense for aliens and pre- Senate met, negotiated, and finally and expertise in helping Congress ad- venting sex offenders from taking ad- reached agreement on this important dress child crime legislation. In the vantage of our immigration laws. measure. previous Congress, we passed legisla- This is one of those fine times in the I want to note and, in doing so, com- tion that included the Code Adam Act, U.S. Congress where we have come to- mend the tremendous leadership Chair- which required Federal buildings to es- gether on a bipartisan basis to do man SPECTER and Senator HATCH, our tablish procedures for locating a child something that rises above partisan- immediate past chairman of the Senate who is missing in Federal buildings. ship and is enormously significant in Judiciary Committee, and their respec- The title of this current bill appro- terms of improving our quality of life tive staffs, as well as the House Judici- priately honors Mr. Walsh’s efforts, and protecting those who are most vul- ary Committee chairman, JIM SENSEN- and I am told the President will sign nerable among us. This Congress con- BRENNER and his staff, for all their tire- the bill, if we pass it, on July 27, mark- tinues to act on measures that benefit less dedication to this legislation. ing the 25th year since the day Adam our Nation and protect our children. It Many people have devoted time and ef- was abducted. has long been said that societies are ul- fort to see this bill through, ensuring I do not pretend to understand the timately judged on how they treat that we do everything within our power pain and trauma the Walsh family or their elderly and their young. This bill to protect our children. others have had to endure as a result of is an important step toward improving The crimes of child abuse and child these terrible crimes against children. the safety of those who are our young- exploitation are astounding but, unfor- But I am eternally grateful for the way est and most vulnerable. tunately, all too prevalent. The recent John Walsh has used this pain and this Finally, Mr. President, I would like wave of child abductions in this coun- trauma to improve the lives of other to specifically express my gratitude to try demonstrates the need for this type people and to ensure we take every the many dedicated staff who worked of response from the Congress. There is step within our power to protect our tirelessly on this bill for some time, in- only one way to deal with those who children against like crimes committed cluding Matthew Johnson and Lynden prey on children: They must be caught against Adam Walsh. Melmed from my own staff. Addition- sooner, punished longer, and watched I wish to take a second to highlight ally, I would like to thank the fol- closer than they are today. other important measures contained in lowing staff: Before I came to the Senate, I was the bill which will enhance existing Allen Hicks, Mike O’Neill, Matt Miner, honored to serve as the chief law en- laws, enhance investigative tools, Todd Braunstein, Brett Tolman, Lisa forcement officer of the State of Texas criminal penalties, and child crime re- Owings, Bruce Artim, Ken Valentine, Tom as Texas attorney general. There, I in- sources in a variety of ways. This bill Jipping, Dave Turk, Bradley Hayes, Joe stituted a new specialized unit known requires sex offenders to register and, Matal, Nicole Gustafson, James Galyean, as the Texas Internet Bureau which in the case of the most serious offend- Amy Blankenship, Jane Treat, Sharon Beth was designed to coordinate and direct ers, to do so for up to the length of Kristal, Julie Katzman, Noah Bookbinder, efforts to fight Internet crimes such as their entire lives. It requires them to Christine Leonard, Lara Flint, Marianne Upton, Preet Baharara, Melanie Looney, fraud, child pornography, and address report in person at least once each year Anna Mitchell, Gabriel Adler, Alea Brown, privacy concerns, among others. As to update personal information and to Bradley Schreiber, Mike Volkov, Sean others here have noted, the Internet is take a new photograph. It requires pub- McLaughlin, Bobby Vassar, and Greg Barnes. a remarkable tool which has revolu- lic posting for public access on the Mr. President, I yield the floor. tionized the way we live, the way we Internet of information about sex of- The PRESIDING OFFICER. The Sen- communicate, and the way we receive fenders so it is widely available, and so ator from Washington is recognized. information. The problem is, though, parents can take steps necessary to Ms. CANTWELL. Mr. President, I there is a dark underbelly to the Inter- protect their children. It forces States rise to speak about the Adam Walsh net, and the Texas Internet Bureau was to comply with this program or, I Child Protection and Safety Act. I designed to specifically identify Inter- should say, persuades them to comply thank the Senator from Utah for his net predators who were then caught, with the program by linking participa- leadership on this legislation over the prosecuted, convicted, and taken off tion to Byrne grant funding, and it last several years, and I thank his staff the streets. I am grateful to have had punishes with imprisonment up to 10 for their hard work and perseverance in the opportunity to work with my col- years those who fail to register, and if pushing this legislation to the Senate leagues in the Senate to help continue they commit a violent crime while un- floor tonight. on this important initiative and to registered, they can be punished for up Last June, the entire Nation was hor- make it available to more and more of to 30 years consecutive to any under- rified by the kidnapping and murders our children and, thus, to make Amer- lying conviction. It requires the Attor- of the Groene family and the tragic ica a safer place for our children to ney General of the United States to crimes upon little Shasta Groene. grow up. create Project Safe Childhood, which Joseph Duncan was a convicted sex I want to take a moment to highlight will integrate Federal, State, and local offender who beat Brenda Groene; her another very important participant in efforts to prosecute the crime of child 13-year-old son, Slade; and her boy- these negotiations who has been noted exploitation. It increases punishments friend, Mark McKenzie to death. Their and praised for his efforts, but I think for any crime of violence against a bodies were found in their home in we can’t say enough to recognize his child, and authorizes grants to States Idaho on May 16, 2005. The killings cap- contribution. John Walsh has a long- to implement these important pro- tured the national headlines and standing commitment to fighting for grams, and provides them grants to do prompted a massive search for the two child victims and measures to protect so. Groene children, 8-year-old Shasta and children across this country. As has It also includes many of the provi- her 9-year-old brother, Dylan. been recounted, his son Adam Walsh sions of the Internet Safety Act which Six weeks later, on July 2, restaurant was kidnapped from a mall in Florida I cosponsored with Senator JON KYL workers in Idaho recognized Shasta and murdered in 1981. Since that day, and others which, among other things, and called the police. Dylan’s remains John Walsh has dedicated his life to creates a new crime outlawing child ex- were found later in western Montana. helping victims of crime, and he has ploitation enterprises, and would im- This did not have to happen. been enormously successful and influ- prison for a mandatory minimum sen- In 1980, Duncan was convicted of rape ential in doing so. It is only appro- tence of 20 years those who act in con- in Washington State. He was sentenced priate that this bill honors the inspira- cert to commit at least three separate to 20 years in prison and began his sen- tion he has given to us all in the life of violations of Federal child pornog- tence in a treatment program. After he his son Adam Walsh in the process. raphy, sex trafficking, or sexual abuse was terminated from the program, he

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.110 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8020 CONGRESSIONAL RECORD — SENATE July 20, 2006 served his sentence in prison until he We also established a minimum sen- I know people in Arkansas want to pro- was released on parole in 1994. tence for certain sex crimes and tough- tect our children. I say that as a In 2000, he moved to Fargo, where he er registration rules. Back in 1990 we former attorney general because I registered with the North Dakota Sex were the first State to enact a sexual know we worked with John Walsh and Offender Registry, but before long he predator involuntary commitment law other people who dealt with missing had moved again and both the North that ensures predators who are about and exploited children all over the Dakota and Washington State reg- to be released after serving their time country. We tried to be as active as istries lost track of him. can be prevented from being released if possible in the attorney general’s office In April of 2005, a Minnesota judge re- mental health officials believe that in Arkansas. Thirdly, and most impor- leased Duncan on bail after he had been they will endanger the community. tant, I say it as a father because I want charged with child molestation. This law has become a national my children protected like everybody Duncan promptly skipped town. model for other States to follow. else here and everybody around the Minnesota issued a warrant for his Today, these sexual predators are country who wants their children pro- arrest that May because he had not housed on McNeil Island where they tected. registered as a sex offender in that cannot hurt our children. Senator FRIST made a statement a State, but by that time it was too late. Here is what I know. Local law en- few moments ago about child predators On May 16, the Groene family was forcement needs the tools and informa- on the Internet. It is a real problem. It found dead and it wasn’t until July 2 tion that this legislation will give is something we in the Congress are that Shasta was recovered. Joseph Duncan was essentially lost them to defend our children. It will trying to deal with in this legislation. by three States. He moved from State help us close the gap between Federal It is something we need to keep focused to State to avoid capture. and State sex offender registration and on even though we passed this legisla- No one knew where he was nor even notification programs. Every State tion. We need to keep focused on it so how to look for him. needs to update one another and the we can make sure that what we have I say again, this did not have to hap- national registry in real time, and we on the books works. I am very proud of pen. need to recognize that tough punish- the Senate tonight for considering this. There is no worse crime than a crime ment today will prevent terrible costs I am very proud of the Congress for the against a child, and one crime against tomorrow. way they have handled this and moved a child is too many. That is why I have We must keep our communities safe, this through the process. cosponsored the Child Protection Safe- and I know that is why the Senate is I also wish to say another word. ty Act, because we need better infor- going to act on this legislation tonight. There is a program around the country mation. We need a better system to The Adam Walsh Protection and Safety called Code Adam. Actually, an Arkan- keep that information accurate, and we Act creates this registry on a national sas company started this—Wal-Mart— need better standards to keep that sys- level that is so long overdue. It pro- several years ago, where they have a tem from breaking down when we need vides strong, practical tools for law en- little blue sticker on the door of every it most. The Senate must pass this bi- forcement The new registry will ex- Wal-Mart. They do a Code Adam proce- partisan legislation to improve the na- pand the scope and duration of sex of- dure in the store if a child is reported tional sex offender database, to link fender registration and notification re- missing in the store. I cannot tell you State tracking systems, and to prevent quirements. It will keep track of all how many children have been saved in sex offenders from escaping and mov- sex offender information—addresses, Wal-Marts but also in other retail ing to other States. employment, vehicle, and other related stores that use Code Adam. Wal-Mart Today there is far too much disparity information. And, as my colleague has given this idea to anybody who among State registration requirements from North Dakota talked about, with wants to do it. It has worked and it has and notification obligations for sex of- his hard work, it also has a national probably saved dozens, if not hundreds, fenders. Yes, there is already a Na- sex offender Web site registry, the new of children. It is named after Adam tional Registry, but it is based on often Dru Sjodin National Sex Offender Web Walsh because he was abducted and outdated listings from all 50 States. site, so that every American can stay murdered several years ago. Worse, there are currently no incen- informed. Lastly, my friend, Colleen Nick, tives for offenders to provide accurate Now the public will be able to search whom I met through my time in the at- information, which helps to undermine for sex offender information by geo- torney general’s office in Arkansas— the system. graphic radius and zip code, and the her daughter Morgan Nick was ab- Child sex offenders have exploited bill also, as my colleague from Texas ducted from a ballfield in Alma, AR, this stunning lack of uniformity, and just mentioned, increases the penalties several years ago when Morgan was the consequences have been tragic. for violent sex crimes against Amer- about 5 years old. Colleen has devoted Twenty percent of the Nation’s 560,000 ica’s children. her life to missing children issues. So I sex offenders are ‘‘lost’’ because State It requires that the sex offenders reg- am proud that this passed tonight for offender registry programs are not co- ister prior to their release from prison Morgan and Colleen and the Nick fam- ordinated well enough. or supervised programs. ily because I have talked to them and We take these numbers very seri- America needs this legislation. I am spent a lot of time with the Nicks. I ously in Washington State. In Wash- so proud of my colleagues in joining in know the void it creates in a parent’s ington State we have over 19,000 reg- a bipartisan effort to give law enforce- life and in a family’s life when one of istered sex offenders and kidnaping of- ment the tools they need to protect our their children is missing and never fenders; more than 2,900 Washing- families and our communities. Let’s found. tonians are currently incarcerated for give them the information and the re- Mr. President, I am very proud to these sex crimes. But we must be tough sources they need to get tough with sex support this legislation. I believe it on these criminals because the na- offenders. Let’s pass the Adam Walsh makes America better, stronger, and it tional statistics are staggering. Child Protection Safety Act to not puts some teeth in the law that we One in five girls is estimated to be a only honor John Walsh and his family, need. It is something of which we can victim of sexual assault. One in ten but also for all those who have been all be proud. boys is estimated to be a victim. Only victims of this hideous crime, and to Mr. GRASSLEY. Mr. President, I rise 35 percent of these cases are ever re- show that we are willing to work to- today in strong support of the Adam ported to the police. That is why this gether to be aggressive in taking ac- Walsh Child Protection and Safety Act. spring, Washington State passed a tion and helping to make America safe I am proud to be a cosponsor of this tough law that is new in mandating for our children. bill and am even prouder that we have that sex offenders from other States I will yield the floor. been able to work across party lines must register with authorities within 3 Mr. PRYOR. Mr. President, I rise and in both Houses to come up with a days upon moving to Washington today to support the Adam Walsh Child bill that we all can support and that State. The previous law had been 30 Protection Safety Act of 2006, H.R. will genuinely help protect our chil- days. 4472. I say that as an Arkansan because dren from sexual predators.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.112 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8021 My commendations and heartfelt prisons, released sex offenders were colleagues to join me in doing just that sympathy go out to John and Re´ve´ four times more likely to be rearrested by voting in favor of this bill. Walsh, Mark Lunsford, and all the for a sex crime. Even more troubling, Mr. NELSON of Florida. Mr. Presi- other parents and loved ones of chil- according to several federally funded dent, the Congress will soon pass im- dren who were taken so violently from studies, child molesters have an even portant legislation that will better pro- those who loved them so dearly. With- higher rate of rearrest than rapists. tect children around the country from out the tireless efforts of these folks, Three years ago, we passed the PRO- those who seek them harm. The Adam this bill might not be on the floor here TECT Act, a bill I worked on with my Walsh Child Protection and Safety Act, today, as we near the 25-year mark of colleagues to provide the judiciary H.R. 4472, named after the son of John the disappearance and murder of Adam with the necessary tools to ensure that and Reve´ Walsh who was killed in Flor- Walsh. our children and grandchildren grow up ida almost 25 years ago, is the toughest The urgency of passing this legisla- in a safe community, free from child and most comprehensive sex offender tion is clear. The murders of Jessica predators. This bill complements the bill in recent years. Lunsford, Sara Lunde, Tiffany Souers, process we started with the PROTECT This legislation includes a number of and Jetseta Gage, who was from my Act, and adds much needed additional changes to safeguard children, includ- home State of Iowa, have been thor- protections for children and for our ing tougher sentences for crimes com- oughly covered in the news in recent communities. mitted against children, a publicly ac- times. Each of these murders was com- The bill before us today includes cessible national database of sex of- mitted by a repeat sex offender. These parts of the Jetseta Gage Prevention fenders, and a Federal requirement for cases should open our eyes to the ne- and Deterrence of Crimes Against Chil- convicted sex offenders to register cessity of passing a bill that will pro- dren Act, a bill that I introduced last their locations with law enforcement tect children from monsters who com- year to strengthen penalties for crimi- officials. The bill also includes a provi- mit these crimes and ensure that those nals who commit sex offenses against sion, which I authored, to track re- who do commit the crimes will receive children. It ensures that those who leased sex offenders. tougher penalties. commit heinous crimes against our Sadly, events of the recent past high- As I mentioned, Jetseta Marrie Gage children are appropriately punished light the need for us to know the loca- was from my home State of Iowa. I and that anyone thinking of commit- tion of convicted sexual offenders if would like to take a moment to talk ting similar crimes will think twice they are released back into our com- about the beautiful 10-year-old girl who about the repercussions. The bill in- munities. was sexually assaulted and murdered creases penalties for sexual offenses In my State of Florida, two young last year. against children, including sexual girls, Jessica Lunsford and Sarah On March 24, 2005, Jetseta went miss- abuse, murder, kidnapping, sex traf- Lunde, were both murdered by con- ing from her home. Within 12 hours of ficking, and various activities relating victed sex offenders within weeks of her disappearance, even before a body to the production and dissemination of each other in 2005. had been found, law enforcement offi- child pornography. Jessica Lunsford of Homosassa, FL, cials took Roger Bentley into custody. This bill goes far beyond these pen- was a 9-year-old girl who was abducted Bentley had been previously con- alty increases, however. It establishes from her home, raped, and then buried victed for committing lascivious acts sex offender registration and notifica- alive by a convicted sex offender who with a minor. Unfortunately, this man tion requirements, essential to aid par- lived 150 feet from her home. Law en- only served a little over 1 year in pris- ents in monitoring their children’s en- forcement had lost track of him and on for his previous sex crime convic- vironments. It strengthens child por- they did not know that he worked at tion. Two days later, due to a tip re- nography prevention laws and sets up the school that Jessica attended, de- ceived by a woman responding to the grants, studies, and other programs for spite his being a registered sex of- Amber Alert, Jetseta’s body was found the safety of children and commu- fender. A few weeks later, 13-year-old stuffed in a cabinet in an abandoned nities. It delves into Internet crimes, Sarah Lunde of Ruskin, FL, was mur- mobile home. She had been sexually an area that is becoming increasingly dered by her mother’s ex-boyfriend. He molested and suffocated with a plastic important in light of the dangers posed is also a convicted sex offender. bag. I can’t help but wonder whether to children and the lack of knowledge In response to these tragic events, Jetseta would still be alive today had on the part of parents, which hampers Florida enacted a law that provides her killer received stricter penalties their ability to protect their children. tougher sentences for child sex offend- for his first offense. It breaks my heart My good friend from Arizona, Mr. KYL, ers and aids law enforcement in effec- to hear about cases like this, but it is introduced the bill this section is based tively monitoring those sex offenders. even more disheartening when you on and which I cosponsored. The law requires sex offenders, released know that it might have been pre- As the elected representatives of the back into our communities, to wear a vented with adequate sentencing and American people, our foremost duty is device to allow authorities to track that hers is just one tragic story in a to protect those who cannot protect them via a global positioning system. long list of horrific crimes committed themselves. Child rapes and murders My provision in the Adam Walsh Act every year. are now being reported on our news provides Jessica Lunsford and Sarah Child sex offenders are the most hei- programs on a regular basis. We have Lunde grants to aid States and local nous of all criminals. I can honestly the power to prevent so many of these government in purchasing electronic tell you that I would just as soon lock crimes by creating stronger deterrents monitoring systems, such as global po- up all the child molesters and child and letting parents know where these sitioning systems, that will provide pornography makers and murderers in sex offenders lurk after they are re- law enforcement with real time infor- this country and throw away the key. leased. When crimes are committed, mation on the whereabouts of sex of- As it should all of us, the thought of the least we can do is ensure that the fenders released from prison to within what these predators do to our inno- rapists and murderers won’t get the op- 10 feet of their location. Law enforce- cent children literally makes me sick portunity to hurt another child. ment will be able to restrict the move- to my stomach. The thought that we It is a tragedy that it took so many ments of sex offenders by programming might not do what we could to deter stories like those of Adam Walsh, these systems to alert authorities if a them but also to prevent the same peo- Jetseta Gage, and Jessica Lunsford for sex offender goes to a park, amusement ple from committing the same crimes a law of this nature to be proposed. I park, elementary school or other areas against other children is unacceptable. strongly believe that a vote for this determined to be off limits. The ankle According to a study funded by the De- bill can save the lives of children in the bracelets used to monitor their move- partment of Justice, 5.3 percent of sex future. We have an obligation as legis- ments are tamperproof and will alert offenders were rearrested within 3 lators to protect our citizenry. We have law enforcement in the event that an years following their release for an- an obligation as adults to protect our offender has removed it so law enforce- other sex crime. Also, compared to youth. We have an obligation as par- ment can immediately act to appre- non-sex offenders released from State ents to protect our children. I urge my hend the offender.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.057 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8022 CONGRESSIONAL RECORD — SENATE July 20, 2006 The grants will provide a total of $15 tributed by this one individual that istered and how often he or she must million to State and local government raised suspicions and led law enforce- come in for a personal verification of to help implement laws in order to get ment officials to the home of Masha’s the registration information. The act tougher on sex offenders released back adopted father. While he is currently in also creates community notification into their communities with electronic jail accused of sexual abuse and facing requirements and will make it a felony monitoring technology. The bill will Federal charges, the damage to Masha for sex offenders to fail to register and provide for $5 million in grants for fis- continues every day as her pictures update their information on a regular cal years 2007 through 2009. The bill continue to be downloaded. Masha has basis. The Dru Sjodin National Sex Of- then directs the Attorney General to sought compensation through a little fender Public Web site will allow the provide a report to Congress assessing used provision in the Child Abuse Vic- public to search for information on sex the effectiveness of the program and tims’ Rights Act of 1986 that provides offenders by ZIP Code and geographic making recommendations as to future statutory damages for the victims of radius. funding levels. sexual exploitation. Nothing will ever All of these changes will help make In the United States, there are an es- compensate Masha for the horrific ex- our tracking laws more effective and timated 380,000 registered sex offenders, periences she has had, but the penalties will allow parents and members of the although thousands have disappeared, provided in current law are embarrass- local community to be vigilant about according to authorities. We have over ingly low—they are one-third of the the potential dangers of sex offenders 30,000 of these sex offenders in the penalty for downloading music ille- in their neighborhoods. State of Florida. Laws, such as the one gally. But before we can put a predator can in Florida, and the Adam Walsh Act, According to the Center for Missing appear on the registry, he needs to be which will be passed by Congress, are and Exploited Children, child pornog- caught and prosecuted. The Adam necessary to protect our children. I be- raphy has become a multibillion dollar Walsh Act includes urgently needed re- lieve it is important that the Federal Internet business. With the increas- sources to assist law enforcement in Government be appropriately sup- ingly sophisticated technology of dig- these endeavors. This act establishes 10 portive of State and local governments ital media, child pornography has be- new task forces dealing with Internet that are addressing this problem. To be come easier to produce, transfer, and crimes against children, 45 new com- effective, tough laws on sexual preda- purchase. We are not doing enough to puter forensic examiners to deal exclu- tors of children must be properly fund- deter those who post and download sively with child sexual exploitation, ed, and I believe these tough laws being child pornography. and 200 new Federal prosecutors—all passed by Federal and State legisla- Masha’s Law would do two things; designated to combat child sexual ex- tures are worth properly funding when first it would increase the civil statu- ploitation. they will protect our children. tory damages available to a victim of This act also tries to protect children Children are our most important child exploitation; and second, it would from being victimized in the first treasure and protecting them is one of ensure that victims of child pornog- place. It provides grant money for edu- our most sacred responsibilities. I hope raphy whose images remain in circula- cating parents and children about this bill will serve as a living memorial tion after they have turned 18 can still those who use the Internet to prey to all the children and serve as some recover when those images are upon children. It funds Big Brothers comfort to their families. I hope the downloaded. The injuries do not cease and Big Sisters and includes my bill for Jessica Lunsford and Sarah Lunde to exist simply because the victim has the reauthorization of the Police Ath- grants provided in this bill will allow turned 18. They continue and so should letic Leagues. These two programs pro- law enforcement to help prevent other the penalties. vide kids with supervision and role families from suffering similar trage- These changes are long overdue. I am models and mentors who can help pro- dies. proud that the Senate has passed this tect them from predators. In addition, Mr. KERRY. Mr. President, today the important legislation, and I am grate- it mandates that potential foster and Senate passed the Adam Walsh Child ful to Masha for having the courage to adoptive parents go through a thor- Protection and Safety Act of 2006, stand up and make her voice heard. ough criminal background check before which will help prevent the child ex- Mr. DEWINE. Mr. President, I am a child can be placed with them. ploitation by, among other things, cre- proud to be a cosponsor of the Adam Also incorporated in this bill are as- ating a national system for the reg- Walsh Child Protection and Safety Act pects of the Internet Safety Act which istration of sex offenders. Included in of 2006, which provides law enforcement I proudly cosponsored. These include this legislation is a very important officers with several important tools to establishing new criminal penalties to provision that I authored with Senator protect our children. In the past three keep up with the constantly increasing ISAKSON called Masha’s Law. Masha’s decades, we have all seen and heard level of depravity among pedophiles— Law is named after a very brave 13- about the many tragic cases of children for example, the child exploitation en- year-old girl—a Russian orphan who being assaulted and killed by sex of- terprises provision to prosecute the was adopted by a Pennsylvania man at fenders. These are absolutely horri- ‘‘molestation on demand’’ child porno- the age of 5 and sexually exploited fying events, and as legislators, we graphic industry that has sprung up in from the moment she was placed in his have an obligation to do all we can to recent years. Sexual predators of chil- care. Masha suffered unspeakable prevent such crimes in the future. We dren are among the worst kind of of- atrocities in the hands of her abusive need to improve and enhance sex of- fenders, and it is only right that there father, a man with a history of child fender registration and tracking laws are sentencing enhancements for reg- exploitation. She continues to suffer as and increase penalties for those who istered sex offenders who reoffend. photographs of this abuse, taken by her violate them, which this act will ac- This is a good piece of legislation. I father and posted on the Internet, are complish. am pleased so many of my colleagues downloaded every day. Yet Masha does There are several prongs to this act, support it, and I look forward to its not cower in fear. She is taking a which is what will make it successful. pending passage. stand. She is using her experiences to The core of this bill establishes a na- Mr. KENNEDY. Mr. President, in demonstrate why the law must change. tional sex offender registry. Although May, the Senate passed the Sex Of- And it is because of her that we are each State has a registry, there are no fender Registration and Notification now closing unacceptable loopholes in uniform standards. There is no easy Act to standardize and strengthen reg- our child exploitation laws. way to access information from dif- istration and monitoring of sex offend- Masha’s photographs are among the ferent jurisdictions. This act creates a ers nationwide. Since its passage, the most commonly downloaded images of uniform Federal standard which di- House and Senate have worked closely child pornography. Law enforcement vides offenders into tiers, depending to resolve their differences and to im- estimates that 80 percent of child por- upon the offense for which they were prove the overall quality of the legisla- nography collections contain at least convicted. It establishes registration tion. The bill before us today contains one of her photographs. In fact, it was guidelines for each tier, including how difficult compromises, but it has the high volume of images being dis- long a person would need to be reg- achieved that goal.

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.044 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8023 This legislation is critically impor- fenses before they occur. It also au- doing what they do best—making indi- tant to safeguard victims of sexual thorizes funding for sex offender treat- vidual determinations on sentencing, abuse from harm. It will help protect ment and management within the Fed- based on the circumstances of indi- innocent people from violent offenses. eral prison system. These provisions vidual cases. With more than 2 million It recognizes the victims and all the will be helpful in reducing the future Americans in prison or jail—including suffering both they and their families risks to society by convicted sex of- 12 percent of all African-American men have endured. fenders. If Congress is serious about ad- between the ages of 20 and 34—no one With this legislation, we are recog- dressing this problem, it must commit can seriously argue that there is an nizing the loss of Molly Bish from War- itself to fully funding the legislation. epidemic of leniency in Federal sen- ren, MA. At 16, Molly was abducted All States currently have registra- tencing. This latest batch of manda- from her position as a lifeguard, and tion requirements for sex offenders, but tory minimums undermines more than her family endured terrible uncer- this bill will create a system of na- two decades of legislative work devoted tainty until her remains were found 3 tional tracking and accountability to striking a sensible balance between years later. Molly was a typical teen- that preserves the ability of individual consistent sentencing and the need to ager who took great joy from life. Her States to provide additional procedures provide judges with the discretion to nickname was Tigger, because she was to assure the accuracy and usefulness always on the move. She is survived by make sure each sentence fits the of the registries. crime. her parents, John and Magi Bish; her Massachusetts has a system that sister, Heather; and her brother, John, works. We are already doing most of Although it is important to have Jr., who work every day to keep chil- what this bill requires, but our system strong penalties for crimes against dren safe, honoring her life and her leg- goes beyond these basic requirements children, I have major reservations acy. by providing individualized risk assess- about the broad expansion of the death With this bill, we also remember with ments of each sex offender who goes on penalty in this compromised legisla- sadness another Massachusetts resi- the registry. These individual assess- tion. It is clear that continued imposi- dent, Alexandra Zapp. Ally was 30 ments, combined with hearings allow- tion of the death penalty will inevi- years old when she was attacked and ing offenders to challenge their classi- tably lead to the wrongful execution of murdered in a public restroom by a re- fication, help ensure that States like more and more people. Justice Mar- peat sex offender in Bridgewater, MA, Massachusetts can provide the highest shall, in particular, wrote powerfully in 2002. Ally’s friends described her as a quality of information on potential on this issue. He believed that if our strong, smart, and independent woman. threats to the community while re- citizens knew the truth about the She had worked at the USA Sailing As- specting the tremendous impact that death penalty, ‘‘its disproportionate sociation of Portsmouth, RI, where she community notification can have on imposition on racial minorities and the was a keelboat training coordinator. offenders’ lives. I am pleased that this poor, its utter failure to deter crime, Ally is survived by her mother and sis- and the continuing likelihood of exe- ter, Andrea and Caroline, and her fa- legislation respects the right of indi- vidual States to innovate in this area cuting the innocent,’’ it would be re- ther and stepmother, Ray and Linda. jected as morally reprehensible. This legislation is dedicated to her and does not penalize States who go memory, along with the memories of the extra mile to improve their reg- Last year, the Supreme Court struck Molly Bish and the many other victims istries. down the death penalty for juveniles— For this reason, section 125 of the of terrible crimes. persons 17 years old or younger. The Several changes have been made to compromise is very important. Each Court’s ruling was significant. It was this legislation as a result of our work State will face challenges in the imple- long past time to erase that stain from with the House. It is important to mentation of these new Federal re- our human rights record. The basic in- make sure that information on offend- quirements, and States should not be justice of the death penalty is obvious. ers who pose a potential threat is penalized if exact compliance with the Experience shows that imposition of available to the public at large, and act’s requirements would place the the death penalty inevitably leads to this bill provides for Internet listing State in violation of its constitution or wrongful executions. Many of us are and community notification about an interpretation of the State’s con- concerned about the racial disparities such individuals. stitution by its highest court. in the imposition of capital punish- At the same time, in order for the The Massachusetts Supreme Judicial ment and the wide disparities in the registry to be effective, it should be Court has concluded that offenders are State in its application. The unequal, targeted toward those who present the entitled to procedural due process be- unfair, arbitray, and discriminatory highest risk to our communities. The fore being classified at a particular use of the death penalty is completely current version takes a more sweeping risk level and before personal informa- contrary to our Nation’s commitment approach toward juvenile offenders by tion about them is disseminated to the to fairness and equal justice for all, expanding their registration require- public. Massachusetts has been vigilant and we need to do all we can to correct ments. The Senate bill allowed each in implementing a comprehensive and this fundamental flaw. effective sex offender registry, and it State to determine whether a juvenile Finally, the national registry of sub- should not lose much needed Federal should be included on the registry. stantiated cases of child abuse in this funding where there is a demonstrated This compromise allows some offenders bill should not be implemented until inability to comply with certain provi- over 14 to be included on registries, but Congress has a full understanding of its only if they have been convicted of sions of this new Federal law. No State should be penalized and lose scope and effectiveness. The proposed very serious offenses. For juveniles, the registry raises serious implementation public notification provision in this critical Federal funding for law en- forcement programs as long as reason- challenges and could create an addi- bill is harsh given their low rate of re- tional and unnecessary burden for cidivism, which is less than 8 percent able efforts are under way to imple- ment procedures consistent with the States. Not all States maintain the according to the most recent studies. same registry information, and most For this reason, it is especially impor- purposes of the act. It is essential that States maintain different rules on dis- tant that the bill includes funding for the Federal Government continue to closure. Tribal entities, which are in- treatment of juvenile offenders. These collaborate and to provide support for cluded in this proposed registry, cur- provisions recognize that juvenile of- State and local governments, including rently maintain no registries at all. fenders, who have much lower rates of the prevention, intervention, and en- recidivism and have been shown to be forcement of antigang and antidrug ac- I am concerned that this registry much more amenable to treatment tivities as a result of this bill. raises serious privacy concerns by in- than their adult counterparts, At the same time, the new manda- cluding information on cases without shouldn’t be lumped together with tory minimum sentences in the act the opportunity for due process. For adult offenders. aren’t justified by any empirical data this reason, it is important that the The bill also provides increased fund- or sound policy. Mandatory minimums study on establishing data collection ing for programs to prevent these of- prevent prosecutors and judges from standards be completed before such a

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.045 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8024 CONGRESSIONAL RECORD — SENATE July 20, 2006 registry is established. Current stand- West Virginia NAACP delegation. They I believe government must do all it ards for inclusion in child abuse reg- were here in Washington D.C. as part of can to support groups such as the istries vary greatly, with some requir- a national effort to spearhead the reau- NCMEC and others and our law en- ing credible evidence and others requir- thorization of the Voting Rights Act. I forcement agencies in their efforts to ing no standard other than the judg- was proud to assure them of both my find missing children, return them to ment of the case worker. cosponsorship of the measure and my their families, and shield them from During the most recent reauthoriza- support for the reauthorization. sexual predators. The work these tion of the Child Abuse Prevention and While the various reauthorizations of groups do is vital to protecting fami- Treatment Act, we improved current the Voting Rights Act have forged the lies, and I applaud their dedication and child abuse systems to ensure that law pathway to the polls for all Americans, compassion. enforcement has the information it the ability to vote is but half of the Passage of this bill will further the needs to pursue and prosecute cases. process. Democracy works best when mission of comforting parents every- A new provision was added to require the people are vigilant in protecting of where and protecting our children. The States to ‘‘disclose confidential infor- their rights, and engage in the elec- National Sex Offender Registry will mation to any Federal, State, or local toral process. Our democracy is strong- contain up-to-date data on all sex of- government entity, or any agent of est when there is free and open access fenders nationwide, and there are harsh such entity, which has a need for such to the polls for everyone, and when the penalties for any offender who does not information in order to carry out its people embrace the vote as both a right register. responsibilities under law to protect and a responsibility. The bill imposes tougher penalties children from abuse and neglect.’’ Indeed, the decades that have fol- for sex offenses and violent crimes Rather than developing additional reg- lowed the initial passage of the Voting against children. It also allows for civil istries and reporting requirements, Rights Act have witnessed the progress commitment procedures for any sex of- States need Federal assistance to effec- of our Nation. To continue in our ef- fenders who demonstrate while incar- tively carry out their roles and respon- forts, we have only to look to past suc- cerated that they cannot be trusted to sibilities under CAPTA. I am concerned cesses for inspiration. To be ardent in be unleashed on society. that this new registry will have limited the defense of our democracy is to pre- The bill addresses child exploitation value in improving or standardizing serve it for the generations to come. over the Internet with stringent Inter- Mr. MCCONNELL. Mr. President, I State recordkeeping for child abuse net safety provisions. It also contains rise to speak in strong support of the and neglect cases. several worthy programs, grants, and Adam Walsh Child Protection and Despite these provisions, I commend studies to address child and commu- Safety Act of 2006. This bill will the work that has been done on this nity safety. strengthen our power to keep Amer- I would especially like to note that bill. Without further delay, it is impor- ica’s children safe from sexual preda- the bill strengthens the pornography tant that we get this bill to the Presi- tors and creates the National Sex Of- recordkeeping and labeling require- dent so that it can be signed on July fender Registry, which will keep track ments passed by Congress in 1988 to 27th, the 25th anniversary of the abduc- of all sex offender information nation- protect children from exploitation by tion of Adam Walsh, and to honor all of wide. It will also create the Dru Sjodin pornographers. These provisions were the work his parents have done in his National Sex Offender Public Web site, originally part of S. 2140, the Pro- memory to protect children in commu- so that every American will have the tecting Children from Sexual Exploi- nities across the country. ability to search for information on po- tation Act of 2005, sponsored by my Mr. BYRD. Mr. President, the foun- tential sexual predators in their own good friend from Utah, Senator HATCH. dation of democracy lies in a govern- community. I was pleased to join him as a cospon- ment that reflects the voice of its citi- I have had a personal interest in chil- sor of that bill and am doubly pleased zens. The Constitution, the beloved dren’s welfare and child-safety issues now to see these provisions included in document that chartered our system of for many years, predating my time in this bill, which I feel confident in say- government, makes this clear. ‘‘We the the Senate, in fact. Before being elect- ing will soon reach the President’s people’’, are the very first words of our ed to this Chamber, I served as judge- desk and receive his signature. Constitution: ‘‘We the people.’’ This is executive of Jefferson County, KY, Finally, the portion of this legisla- no mistake, for our Founders sought to from 1977 to 1984. Jefferson County con- tion that parents may find the most create a government that would reflect tains Louisville, my hometown, and comforting is the creation of the Dru the will of those who send us here. the judge-executive position was the Sjodin National Sex Offender Public Voting is the underpinning of our county’s chief executive. Web site. Parents will now have the democratic process. In an address to In 1981, we hosted in Louisville the power to search for sex offenders in Congress, President Lyndon B. Johnson first-ever national conference on res- their own community. The good that said that, ‘‘In a free land where men cuing missing and exploited children. can come from this power to arm par- move freely and act freely, the right to Ernie Allen, who was on my staff at the ents with the right information cannot vote freely must never be obstructed.’’ time and organized the conference, is be measured. With the act of casting one’s ballot, today the head of the National Center I ask my colleagues to join me in each citizen has ensured a place in the for Missing and Exploited Children. commending John Walsh for his com- democratic process, fulfilling the civic And that conference was keynoted by mitment to this important issue. His responsibility that each and every one John Walsh. At the time, Mr. Walsh drive to see that the tragedy that be- of us must safeguard and cherish. All was not yet the television fixture and fell his own family does not fall on an- citizens deserve this right, and all hero to millions of parents he is today other has not diminished in the 25 should utilize it. but a private citizen whose 6-year-old years I have known him. I am glad that Like so many worthwhile initiatives, son, Adam, had been tragically kid- we can honor John by naming this im- safeguarding the freedoms of democ- napped and murdered earlier that same portant legislation after his beloved racy can sometimes exact a heavy toll. year. son. Wars have been fought on our own soil That event began a decades-long Those who would prey on the weak- to ensure these freedoms, and our friendship between John and me, cen- est among us—our children deserve to country’s history has been blemished tered around this issue. Together, we feel the full weight of the law brought with the events of a less enlightened lobbied Congress—and I remind you, I down on them. It is hard to imagine a time. But even through strife and toil, was not yet a Senator at this time—for crime that does more to destroy fami- our democracy emerged intact, our Re- legislation that would create a nation- lies or dreams of a bright future. This public strengthened by the sacrifices wide organization to track missing legislation will ensure that kids, par- made by the citizens who fought for kids. In 1984, our efforts bore fruit, and ents, and law enforcement agencies equality and the right to vote. President Ronald Reagan signed the have the tools they need to fight child I met yesterday with Mr. James bill creating the National Center for predators and sexual criminals. For Tolbert, President of the West Virginia Missing and Exploited Children as a that reason, I am proud to support its NAACP, and other members of the public-private partnership. passage.

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.047 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8025 Mr. KYL. Mr. President, I rise today fense is punished by imprisonment for adds sex trafficking of children to the to comment on the Adam Walsh Child 20 years up to life. set of repeat offenses that are subject Protection and Safety Act. This legis- Section 702 provides that if an indi- to mandatory life imprisonment. lation will create a national sex of- vidual who is required to register as a Another provision that I have pur- fender registry that will make it pos- sex offender under Federal or State law sued during this Congress and that is sible for law enforcement and con- commits specified Federal offenses in- included in this final bill is section 212, cerned citizens to track sexual preda- volving child pornography, sex traf- which extends several of the guaran- tors. The bill also includes tough pen- ficking, or sexual abuse against a tees of the 2004 Crime Victims’ Rights alties that will ensure that these indi- minor victim, the offender shall be im- Act to Federal habeas corpus review of viduals will actually register. There prisoned for 10 years in addition to any State criminal convictions. Because currently are over 100,000 sex offenders penalty imposed for the current of- such cases involve Federal courts but in this country who are required to fense. State prosecutors, this extension is register but are ‘‘off the system.’’ They Section 703 makes it a criminal of- limited to those provisions of CVRA are not registered. The penalties in fense to embed words or digital images that are enforced by a court—Congress this bill should be adequate to ensure into the source code of a Web site in cannot compel State prosecutors to en- that these individuals register. In addi- order to deceive people into viewing force a Federal statute. The victims’ tion to allowing up to 10 years in pris- obscenity on the Internet. Offenses tar- rights extended by section 212 to Fed- on for an offender who fails to register, geting adults are subject to up to 10 eral habeas proceedings are the right the bill also imposes a mandatory 5 years imprisonment; offenses targeted to be present at proceedings, the right years in prison for an offender who has at child victims are subject to up to 20 to be heard at proceedings involving re- neglected his obligation to register and years imprisonment. lease, plea, sentencing, or parole, the commits a crime of violence. Section 704 authorizes appropriations right to proceedings free from unrea- I would like to focus my remarks on for the U.S. Attorney General to hire sonable delay, and the right to be legislation that I have introduced that 200 additional Assistant United States treated with fairness and with respect has been incorporated in this final bill. Attorneys across the country to pros- for the victim’s dignity and privacy. I am particularly pleased to see that ecute child pornography, sex traf- The bill also makes some technical the bill maintains the ChildHelp Na- ficking, and sexual abuse offenses tar- improvements to the DNA Fingerprint tional Registry of Cases of Child Abuse geted at children. Act, which Senator CORNYN and I intro- and Neglect. Section 663 of the bill in- Section 705 authorizes appropriations duced last year and which was enacted structs the Department of Health and for the hiring of 30 additional computer into law as an amendment to the reau- Human Services to create a national forensic examiners within the Justice thorization of the Violence Against registry of persons who have been Department’s Regional Computer Fo- Women Act at the beginning of this found to have abused or neglected a rensic Laboratories, and 15 additional year. Section 155 of today’s bill modi- child. The information will be gathered computer forensic examiners within fies the authority granted to the Fed- from State databases of child abuse or the Department of Homeland Secu- eral Government by the DNA Finger- neglect. It will be made available to rity’s Cyber Crimes Center. The addi- print Act to collect DNA samples from State child-protective-services and tional computer forensic examiners Federal arrestees. Under current law, law-enforcement agencies ‘‘for pur- will be dedicated to investigating the Federal Government may collect a poses of carrying out their responsibil- crimes involving the sexual exploi- DNA sample from any person arrested ities under the law to protect children tation of children and related offenses. for a Federal offense, but the authority from abuse and neglect.’’ The national Section 706 authorizes the Office of to collect DNA from persons convicted database will allow States to track the Juvenile Justice and Delinquency Pre- of a Federal offense is limited to felo- past history of parents and guardians vention to create 10 additional Internet nies and certain misdemeanors. Sec- who are suspected of abusing their chil- Crimes Against Children, ICAC, Task tion 155 corrects this anomaly by in- dren. When child-abusing parents come Forces. cluding convictions in the Federal to the attention of authorities—when Finally, section 707 of the Internet sample-collection regulatory author- teachers begin to ask about bruises, for SAFETY title expands the civil rem- ity, thus allowing the Federal Govern- example—these parents often will edies for sexual offenses by allowing ment to collect DNA from all persons move to a different jurisdiction. A na- the parents of a minor victim to seek convicted of a Federal crime. The 2006 tional database would allow the State damages, and by allowing a minor vic- Act also allows DNA to be collected to which these parents move to know tim to seek damages as an adult. from all arrestees, but in the case of the parents’ history. It will let a child- Title II of today’s bill also includes a persons detained under Federal author- protective-services worker know, for number of penalty increases and other ity this authority is limited to non- example, whether he should prioritize improvements to Federal criminal sex U.S. persons—i.e., foreign visitors who investigation of a particular case be- offenses. Many of these provisions ap- are neither U.S. citizens nor permanent cause the parent has been found to peared in the Internet SAFETY Act, as residents. Problems might arise in the have committed substantiated cases of well as in the Jetseta Gage Act, which case of U.S. persons who are detained abuse in the past in other States. Such was introduced by Senator GRASSLEY and facing Federal criminal charges, a database also would allow a State in 2005 and of which I was an original but who were not arrested by Federal that is evaluating a prospective foster cosponsor. Section 211 suspends the authorities. Examples include persons parent or adoptive parent to learn statute of limitations for all Federal who are being prosecuted federally but about past incidents of child abuse that felony offenses of sexual abuse, sex were arrested by the State officers par- the person has committed in other trafficking, or child pornography. ticipating in a joint Federal-State task States. Other provisions of title II increase force, and persons who turn themselves I am also proud to see that the Inter- penalties for coercion and enticement in to Federal authorities without being net SAFETY Act, which I introduced by sex offenders, conduct relating to formally arrested. Arguably, the 2006 with several colleagues earlier this child prostitution, aggravated sexual act’s arrest authority should extend to year, has been incorporated as title VII abuse, sexual abuse, abusive sexual such individuals—they are construc- of this bill. This title includes the fol- contact, sexual abuse of children re- tively arrested. Section 155 eliminates lowing important provisions: sulting in death, and sex trafficking of any ambiguity and possibility of litiga- Section 701 makes it a criminal of- children. Title II also makes sexual tion over these matters by expressly fense to operate a child exploitation abuse offenses resulting in death eligi- granting the Federal Government the enterprise, which is defined as four or ble for the capital punishment, and ex- authority to collect DNA samples from more persons who act in concern to pands the predicate offenses justifying individuals facing Federal charges. commit at least three separate viola- mandatory repeat-offender penalties Finally, I would like to take a mo- tions of Federal child pornography, sex for offenses involving child pornog- ment to recognize all of the staff who trafficking, or sexual abuse laws raphy and depictions of the sexual ex- worked so hard to see this bill through against multiple child victims. This of- ploitation of children. Finally, title II to completion. Please allow me to

VerDate Aug 31 2005 04:03 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.053 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8026 CONGRESSIONAL RECORD — SENATE July 20, 2006 thank Ken Valentine and Tom Jipping who attempt to or succeed in harming body’s court security proposals. Court of Senator HATCH’s staff, Dave Turk of them. We have never debated whether security legislation should pass this Senator BIDEN’s staff, Julie Katzman children should be protected. Of course year, but it would not have been right and Noah Bookbinder of Senator they should. The only debate is about to endanger either the court security LEAHY’s staff, Nicole Gustafson of Sen- how they should be protected, and how bills or this crucial child protection ator GRASSLEY’s staff, as well as Chad best to deploy and utilize limited re- legislation by tying them together. Groover, who has since left Senator sources to deter and punish those who Gang legislation is on a separate GRASSLEY’s office but who played a would prey on them. track entirely. It is just getting start- critical role in developing many of the Over the last 30 years, I have worked ed in the Senate. Passing legislation to penalty enhancements included in title closely with others to write and enact protect children from sexual predators II, Christine Leonard of Senator KEN- legislation aimed specifically at pro- has been my first priority. Seeking si- NEDY’s staff, Lara Flint of Senator tecting children and assisting victims. multaneously to resolve extensive dif- FEINGOLD’s staff, Nate Jones of Senator In the last Congress, Senator HATCH ferences over provisions in the gang KOHL’s staff, Sharon Beth Kristal of and I joined to introduce the PROTECT bill and other crime legislation could Senator DEWINE’s staff, Reed O’Connor Act, which provided prosecutors and have caused us to miss this chance. It of Senator CORNYN’s staff, Jane Treat law enforcement with tools necessary is commendable that, in the end, both of Senator COBURN’s staff, Greg Smith to combat child pornography and bodies chose to focus on passing sex of- of Senator FEINSTEIN’s staff, Marianne human trafficking. The final legisla- fender legislation and not to jeopardize Upton of Senator DURBIN’s staff, Brad- tion passed by Congress included a this by tying this bill to more con- ley Hayes of Senator SESSIONS’s staff, number of provisions that I had either troversial measures. Bradley Schreiber of Mr. FOLEY’s staff, authored or supported, such as the Na- The gang bill is just now before the and last but not least in this group, tional AMBER Alert Network Act; the Judiciary Committee, which is the ap- Brooke Bacak of my Republican Policy Protecting Our Children First Act, propriate place to start work on a com- Committee staff. which reauthorized funding for the Na- plex and important piece of criminal I would especially like to thank tional Center for Missing and Exploited justice legislation. It is a new and very Allen Hicks and Brandi White of Sen- Children; and legislation to amend the different version of this bill. It will be ator FRIST’s staff, who were very help- Violence Against Women Act to pro- important to hold a hearing on this bill ful in securing the inclusion of the vide transitional housing assistance to listen to the Federal, State, and Child-Abuse Registry in this bill, Matt grants for child victims of domestic vi- local law enforcement officers who are Miner of Senator SPECTER’s staff, who olence. combating gang violence on a regular played a critical role in negotiating In addition, I am pleased that the basis, and from the organizations that the final bill, and Mike Volkov, Sean Senate has acted on other legislation are working to keep kids out of gangs. McLaughlin, and Phil Kiko of Mr. SEN- for children and crime victims that I Gang violence is a disturbing and dif- SENBRENNER’s staff. The bill that we have sponsored. These include the 21st ficult menace in our communities, and have today would not exist were it not Century Department of Justice Appro- as we craft solutions to help address for the professionalism, expertise, and priations Authorization Act, which these issues we should strive to get it dedication of the SENSENBRENNER staff. among other things included important right. We have done the right thing by Often it is easy in Congress simply to grant funds for the Boys and Girls finalizing this important child protec- pass any bill dealing with a subject so Clubs of America, and established the tion legislation first, before turning to that we can say that we have addressed Violence Against Women Office in the that and other difficult tasks. the problem. This is not such a bill. Justice Department. In 2004, the Presi- When S. 1086 was first introduced in This is a strong, tough bill that will dent signed into law the Justice For May 2005, serious concerns were raised make a difference in the safety and se- All Act, a package of criminal justice by members of the Judiciary Com- curity of our Nation’s children. It is a reforms that, among other things, au- mittee, State attorneys general, the bill of which we can all be proud, and thorized funds to reduce rape kit back- Department of Justice, and others. Mr. SENSENBRENNER’s staff deserves logs and enumerated crime victims’ Through an impressive, bipartisan ef- recognition for their contribution to rights. fort these concerns were largely ad- that result. I am glad that this new consensus dressed. I appreciate that Senators, Mr. LEAHY. Mr. President, back in legislation to protect children honors and now House Members, of both par- May 2005, with the leadership of Sen- the efforts of John and Reve´ Walsh, ties took these concerns to heart and ator SPECTER, Senator BIDEN, Senator who have worked so hard to ensure revised this bill in ways that will in- KENNEDY, and others, the Senate Judi- that other families would not experi- crease the protection of children from ciary Committee approved an impor- ence the tragedy that befell their fam- the most dangerous sex offenders, tant child safety bill, S. 1086. The com- ily. It has been my privilege to work while not overwhelming the States mittee worked tirelessly to craft a pru- for many years with the Walshes and with requirements that could hinder dent, bipartisan bill that would assist with the National Center for Missing their own efforts. I believe that this States in their ongoing efforts to pro- and Exploited Children, in which they new bill takes a few unfortunate steps tect children through tighter moni- have played such an instrumental role, back from the well thought out Senate toring of known sex offenders. It was a to take many important steps to keep version, but it still achieves many of good bill, and it passed the full Senate children and families safe. I commend the crucial goals we identified. The re- in May of this year by unanimous con- and thank John Walsh once again for sulting bill ensures that each State sent. his passionate advocacy on behalf of will have an effective sex offender reg- Now, extensive bipartisan discussions the Nation’s children over many, many istry and that all States will share reg- with the House have produced a revised years. istry information—all of which will version of the bill, which the Senate is I am also glad that members of both help keep our children safer. voting on today. The new bill is better parties in both bodies ultimately I am glad that this bill addresses my in a few ways than the Senate-passed agreed with me and with the distin- concerns and that of many others of bill that we produced and also, regret- guished Senate Republican and Demo- both parties in the Senate in giving tably, takes some steps backward. cratic leaders that we should prioritize significant discretion to the States in While this new bill is not the bill I finishing and passing legislation to the handling of juvenile offenders. Ju- would have written, I intend to support protect children from sexual predators, venile justice has always been a prov- it and expect that it will pass. without tying this crucial legislation ince of the States, and State legisla- As a former prosecutor, and as a fa- to other more difficult issues. The Sen- tures, prosecutors, and judges have de- ther and grandfather, I know that ate has passed court security legisla- veloped significant expertise in distin- there is no higher duty than to protect tion, for which I was a principal co- guishing which juvenile offenders rep- our society’s children, to take every sponsor, as part of S. 2766, and we have resent a continuing threat to society step possible to prevent them from been working to settle differences be- and which juveniles, with appropriate coming to harm, and to punish those tween our legislation and the other treatment and monitoring, can turn

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.055 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8027 themselves around and become contrib- the Motion Picture Association of bill, as would a host of other legitimate uting members of society. America, the American Hotel and entities throughout the distribution This bill correctly allows the States, Lodging Association, the American Li- chain for mainstream motion pictures in many cases, to use their expertise— brary Association, and the American and television shows. and they know more about these issues Conservative Union, that its record- The focus of the underlying statute than we do here in Washington—to de- keeping and labeling requirements, and should remain on helping apprehend cide which juveniles should be on sex associated criminal liability, might child predators and not on legitimate offender registries, to what extent, and now affect an array of mainstream, le- businesses that have no role in harm- for how long. It also appropriately re- gitimate, and first-amendment-pro- ing children. Under section 2257A(h), quires the States to include the most tected activities and industries. These motion picture companies that certify egregious juvenile offenders, who do industries are leaders in protecting to the Department of Justice that they represent a threat to others, on their children employed in their industries collect the name, date of birth, and ad- sex offender registries. I think the bill and are far removed from the problem dress of all the performers employed by goes too far in a few cases in limiting that the legislation purportedly sought them, for purposes of compliance with States’ discretion to determine which to address. Subjecting them to the bur- existing laws, such as filling out an I– juveniles should be placed on registries dens of a recordkeeping and labeling 9 form or W–4s for tax purposes, or pur- and to allow those juvenile offenders statute intended for the pornography suant to labor agreements or their nor- who have lived cleanly and turned industry would create substantial bur- mal business practices, will not be sub- their lives around to get off of reg- dens of compliance without any added ject to the more burdensome require- istries. But overall, this bill strikes an benefit in the wholly legitimate and ments of this statute. Establishing this acceptable balance on this issue, and I vital cause of actually safeguarding the regime will have the additional benefit am glad that those of us who were con- security and welfare of children. of allowing the Department of Justice cerned about appropriate deference to Because the focus of these require- to focus their limited resources in the expertise of the States spoke out ments is adult pornography and the areas where they should be focused— and were heard to some extent. protection of children, not mainstream pursuing those who harm children. This bill takes a good if small first visual depictions and activities that do This provision has been in effect for 18 step toward what should be one of our not threaten children, the new bill in- years and yet has not been used. It is most important priorities in keeping cludes provisions intended to limit the my hope that the Department of Jus- our children safe from sex offenders: reach of these requirements to those tice, having obtained the amendments treatment. While the most dangerous who are actually exploiting children. they sought, will begin to enforce the sex offenders may be predisposed to re- Most notably, section 2257A(h) enables law and focus on those who harm chil- offend and should be treated accord- law-abiding, legitimate businesses, dren, and not on those legitimate busi- ingly, many studies have shown that which create and commercially dis- nesses that do not. people who commit less serious sex of- tribute materials that are not, and do Other exemptions in the bill exclude from the recordkeeping requirements fenses often, with appropriate treat- not appear to be, child pornography, to and annual certification regime pro- ment, do not present a significant risk certify to the Attorney General that, viders of Internet access, telecommuni- of recidivism and can become respon- pursuant to existing laws, labor agree- cations, and online search tools, as sible members of society. One of the ments, or industry standards, they reg- ularly and in the normal course of well as online hosting, storage, and best ways to protect our children is to transmission services, so long as the business collect the name, date of help as many low-risk offenders as pos- provider does not select or alter the birth, and address of performers em- sible turn their lives around, so that content. It is ironic that the broadest ployed by them. This recognizes that our scant law enforcement resources exemptions are granted to the pro- such legitimate, law-abiding industries can be focused on those dangerous of- viders of various types of Internet and fenders who are a demonstrable threat in fact routinely collect the informa- telecommunications services, even to our children. In addition to the Bu- tion necessary to demonstrate their though the advent of the Internet is reau of Prisons Program included in S. compliance with the child protection cited in the original version of this bill 1086, the current bill includes a new laws and that for this reason they were as greatly increasing the ease of trans- program directed specifically to the never intended to be the focus of this porting, distributing, receiving, and ad- treatment of juvenile sex offenders, more extensive recordkeeping and la- vertising child pornography in inter- who have been proven to be especially beling statute. Businesses that so cer- state commerce. Notwithstanding responsive to treatment. This is a wel- tify and thus exhibit their good faith these exemptions, nothing in this bill come addition to the bill, and one we can avoid some of the more onerous re- can or should be construed to impair should build on in the future. quirements, and associated criminal li- the enforcement of any other Federal I want to direct the attention of my ability, rightfully placed on others criminal statute or to limit or expand colleagues to title V of the bill, which whose compliance is more likely to fur- any law pertaining to intellectual makes substantial amendments to sec- ther the interest of protecting chil- property against these entities. tion 2257 of title 18. By way of back- dren. Regrettably, the core, bipartisan bill ground, Congress passed the original By way of illustration, the motion to strengthen State sex offender reg- version of section 2257 in 1988, as a picture industry currently operates istration programs was joined in both means to help ensure that minors were under a panoply of laws, both civil and the House and the Senate to unrelated not being exploited by the adult, hard- criminal, as well as regulations and provisions aimed at creating additional core pornography industry in violation labor agreements governing the em- mandatory minimum sentences. I agree of the child exploitation laws. In 1989, ployment of children in any produc- with the U.S. Judicial Conference and the District Court for the District of tion. They check work permits, require the vast majority of Federal judges and Columbia found that this original parents or guardians to be present at practitioners that harsh, inflexible version violated the first amendment. all times during production, and in mandatory sentencing laws are a recipe In 1990, Congress responded to the Dis- some cases even obtain court approval for injustice. In its letter dated March trict Court decision by significantly for the employment of the children in 7, 2006, regarding the House bill, the narrowing the scope of section 2257. films and television shows. It is fair to Judicial Conference, headed by Chief The House bill proposed an expansion say that the film and television indus- Justice John Roberts, wrote that man- of section 2257 beyond what was held tries are a leader among industries in datory minimum sentences undermine unconstitutional before the 1990 safeguarding the interests of children the sentencing guideline regime Con- amendments, and beyond the pornog- in the workplace. Yet in the absence of gress established under the Sentencing raphy industry and those who exploit the certification provision in section Reform Act of 1984 by preventing the children. The proposed expansion of 2257A(h), these studios would be sub- systemic development of guidelines section 2257 gave rise to legitimate jected to the same extensive record- that reduce unwarranted disparity and concerns, expressed by groups as far- keeping and labeling requirements as a provide proportionality and fairness in ranging as the Chamber of Commerce, hard-core pornographer is under this punishment.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.057 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8028 CONGRESSIONAL RECORD — SENATE July 20, 2006 Mandatory sentences also tie pros- crimes sufficient to deny an applica- reflected in 42 U.S.C. ecutors’ hands in these cases where it tion, I urge the Secretary to give 5106(b)(2)(A)(xv)(2). Both of these are is most important that they have the thoughtful consideration to each case provisions of the Child Abuse Preven- discretion to plea bargain, especially in which a waiver is sought. In a case tion and Treatment Act. considering how difficult it can be to of a citizen who is on the path to reha- Significantly, the legislation does prepare children emotionally and psy- bilitation or whose crime was rel- not provide any new financial or tech- chologically to testify against their atively minor, denial of a family mem- nical assistance to States to improve abusers. ber’s support would serve no rational or standardize their child protective When addressing this issue in com- purpose and would undermine the goals services substantiated case record- mittee last year, Senators from both of family unity. I hope the Secretary keeping systems, or to support States sides of the aisle agreed to limit the will actively use this waiver authority in the added burden of preparing for, imposition of new mandatory min- to limit the broad reach of this provi- and transferring data to, a new na- imum sentences to the most serious sion to those cases where a citizen or tional registry. Not all States main- and violent crimes against children, legal resident genuinely poses a threat tain the same registry information. rather than to myriad lesser crimes as to a family member seeking entry. Some States do not record registry en- was originally proposed. The new bill This legislation requires the Sec- tries by name of perpetrator but rather backslides from this agreement to an retary of Health and Human Services by name of child; some States no unfortunate extent. If we are going to to create a national registry of sub- longer maintain registries at all. Most establish mandatory minimum sen- stantiated cases of child abuse and ne- tribes, which are included in the legis- tences, we should at least proceed in a glect which would, when fully imple- lation, maintain no registries at all. thoughtful and coherent way, with mented over time, serve the purpose of Without this important additional some understanding of the range of of- enabling child protective service agen- technical and financial assistance to fense conduct that may be covered and cies to identify an adult’s past child the States, the quality of the informa- the sorts of sentences that are being maltreatment history in other States, tion collected would likely be uneven imposed under current law. Instead, we without having to check every indi- and at times unreliable. This is a seri- simply pluck ever-higher numbers out vidual State child protective service ous deficiency in the legislative man- of thin air. Congress greatly increased central registry. Improving the ability date for the creation of a national reg- the penalties for most sex offenses just of child protective service agencies to istry of child abuse and neglect cases, 3 years ago, in the PROTECT Act. collect information on prior cases of one that I hope will be corrected Nothing has changed since then to war- child maltreatment by a named adult through a targeted appropriation that rant this new round of arbitrary sen- is a worthy objective. However, to rush focuses on helping State child protec- tence inflation. into the creation of such a national tive service agencies upgrade their cen- Another controversial measure in- registry, without deliberate consider- tral registries or comparable systems cluded in the House-passed bill was a ation and evaluation first of the wide of case-specific data. proposal to strip Federal courts of ju- variation in how State child abuse and I am pleased that the bill includes risdiction to review constitutional er- neglect data on substantiated cases my proposal to authorize grants to Big rors in sentencing that a State court identifies the perpetrator of the abuse Brothers and Big Sisters of America has deemed harmless. The Senate Judi- or neglect and the specifics of their and the National Crime Prevention ciary Committee reviewed this juris- maltreatment—what the bill calls the Council. Big Brothers and Big Sisters diction-stripping provision last year, nature of the substantiated case— provides valuable mentoring services during its consideration of the so- would be reckless. to young people across the country, called Streamlined Procedures Act, S. For that reason, the legislation also and supporting their mission is a valu- 1088. That bill—and this provision in mandates the HHS Secretary to con- able investment that will reap measur- particular—was strongly opposed by a duct a study on the feasibility of estab- able rewards. The National Crime Pre- broad coalition of organizations, in- lishing data collection standards for a vention Council helps communities cluding the United States Judicial Con- national child abuse and neglect reg- across the country understand and ad- ference. Following hearings, the com- istry. Clearly, such a study should be dress the causes of crime. Grants to mittee specifically rejected this provi- completed before the Federal Govern- this organization help communities be- sion by adopting a substitute amend- ment begins to implement the creation come active in crime prevention at the ment that stripped it out in its en- of such a registry and to collect reg- grassroots level, and encouraging their tirety; the substitute then died in com- istry information from the States. We continued efforts is something we mittee without further action. To in- need to know what we are working should all strongly support. clude such an extraneous and deeply with before we create a system which flawed provision in the current bill might give the public a false sense of I am also pleased that the sponsors of would have been wrong, and it is a security or violate the due process this bill agreed to incorporate S. 2155, credit to this bill that it has been re- rights of children and families alike. popularly known as Masha’s Law. This moved. Caution is advised in moving forward legislation, named after a Russian or- Another area of concern is a provi- on this matter in order to develop an phan who was sexually exploited by her sion that was also included in the Sen- information system which is both fair adoptive father, will increase the civil ate’s comprehensive immigration bill. and reliable. statutory damages available to victims The provision prohibits the approval of The legislation also requires the HHS of child exploitation. It will also en- a visa application for the relative of a Secretary to establish standards for sure that victims of child pornography U.S. citizen or legal resident based on how, and to whom, this national reg- whose images remain in circulation the citizen or resident’s conviction for istry information will be disseminated. after they have turned 18 can still re- any of the sex offenses enumerated in In view of the sensitivity of this reg- cover when those images are the bill. This provision casts a wide istry, which is to include information downloaded. net, and in many cases will harshly and historically maintained only at the I am also pleased that the bill in- unnecessarily penalize people seeking state or local child protective service cludes authorization of $12 million for entry to the United States who have a agency level, I urge the Secretary, in grants to the Rape, Abuse & Incest Na- family member in the country, but consideration of these standards and tional Network, known as RAINN, for where the citizen or resident poses no before collecting any national registry operation of its National Sexual As- threat to the individual seeking entry. data, to be cognizant of past congres- sault Hotline and for the other impor- The bill gives the Secretary of DHS sional concerns related to the protec- tant work RAINN does to assist vic- discretion to assess these applications tion of legal rights of families, as re- tims of sexual assault and to help pre- on a case-by-case basis and waive the flected in 42 U.S.C. 5106(b)(2)(A)(xix), vent and prosecute sexual assault. I denial, and I hope this will turn out to and for a fair appellate process for indi- want to congratulate RAINN for re- be more than just an empty gesture. viduals who disagree with a substan- cently logging the one-millionth call Given that this bill greatly expands the tiated finding of abuse or neglect, as to its 24–hour telephone hotline.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.058 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8029 RAINN, in helping a million crime vic- be relatively ineffective, which re- public restroom attack in Manayunk, tims, has not only made their lives bet- quires the Federal Government to act PA, in 2001. Had the provisions of the ter, but has also contributed greatly to on the national level. law been in place 2 years ago, the sec- the decrease in sexual violence in this I first met John Walsh after the dis- ond crime might not have happened be- country. I am honored that RAINN’s appearance of his son, Adam, some 25 cause the community would have been founder and president, Scott years ago, when I was chairman of the on notice of McCutchen’s first attack Berkowitz, thanked me in connection Subcommittee on Juvenile Justice, a on a little girl. with this important milestone for hav- subcommittee of the Senate Judiciary I know from my work as district at- ing supported the establishment of the Committee. At that time, in conjunc- torney of Philadelphia the impact of National Sexual Assault Hotline. tion with Senator Paula Hawkins of sex crimes on children. To be a victim Finally, I want to thank the Florida, we took the lead in estab- of a crime is a horrible experience for Vermont Attorney General’s Office and lishing the Missing Children’s Act of anyone, but to be a child and the vic- other concerned Vermont officials for 1982, which has been very successful in tim of a sex crime leaves an indelible prompt and constructive comments on locating children, where, in a variety imprint—hard to shake, hard to forget, multiple drafts of this legislation. of ways—on billboards, on milk car- traumatic, and of gigantic importance Vermonters have worked hard to tons, on posters—missing children were in the balance of that child’s life. produce and improve our State’s sex of- identified and publicized. Many miss- We are taking a very important step fender registry program in ongoing ef- ing children were recovered. forward. I thank and commend John forts to make it useful to law enforce- In the intervening 25 years, John Walsh for his leadership and again ment agencies and the general public Walsh has undertaken a national cru- thank and commend Senator HATCH for in providing information regarding in- sade. He has been instrumental in ad- his leadership in the Senate on this im- dividuals who have proved a demon- vocating and persuading both the portant issue. I thank Chairman SEN- strable threat to the public. In light of House and the Senate to move ahead SENBRENNER, the chairman of the the mobility inherent in American so- with this legislation. He has had very House Judiciary Committee, for his co- ciety, cooperation and coordination strong support from the leadership of operation and coordination, and also to the staffs. among the various States improves the Senator HATCH, the former chairman of I will single out especially Michael effectiveness of each State’s registry, the Judiciary Committee. Senator O’Neill, who is chief counsel and staff and the Federal assistance this bill HATCH has promoted this legislation, has initiated meetings, organized a director for the Senate Judiciary Com- provides will enhance that cooperation mittee. meeting with John Walsh in the last and coordination. The PRESIDING OFFICER. The Sen- several days in the Office of the major- Mr. SPECTER. Mr. President, I will ator from Utah. seek recognition in a moment, but for ity leader where we organized plans to Mr. HATCH. Mr. President, as far as the time being, I suggest the absence of get this bill enacted so that it will be I know, other than the few remarks I a quorum. ready for signing by the President on will make right now, I think Senator The PRESIDING OFFICER. The July 27th, which is the anniversary of FRIST is the only speaker remaining on clerk will call the roll. the abduction of Adam Walsh. our sex offender bill. The assistant legislative clerk pro- It has been a prodigious job to get I would feel bad if I did not mention ceeded to call the roll. this bill cleared on both sides, not hav- a number of the staff people who have Mr. SPECTER. Mr. President, I ask ing anything added on to it, and many helped us on this bill. My own staffer, unanimous consent the order for the efforts were made so that it would be Ken Valentine, who is a Secret Service quorum call be rescinded. enacted in time to mark the anniver- agent, has been serving as a detailee in The PRESIDING OFFICER. Without sary of the abduction of Adam Walsh. my office and has really carried the objection, it is so ordered. For that timetable, Senator HATCH de- mail on this like few members of the Mr. SPECTER. Mr. President, I sup- serves a great deal of credit. Senate staff I have ever known. port the pending legislation to pass the As is well known, Senator HATCH Tom Jipping, on my staff; Dave Adam Walsh Child Protection and chaired the Senate Judiciary Com- Turk, on Senator BIDEN’s staff, had a Safety Act of 2006. This legislation is mittee for many years. His leadership great deal to do with this, as well. named for Adam Walsh, a child who is still a very key factor, especially on Bradley Schreiber, with Mr. FOLEY’s was abducted and murdered. Adam’s fa- this legislation. staff; Mike O’Neill, of Senator SPEC- ther, John Walsh, has diligently pur- I compliment my colleague, Senator TER’s staff; Mike Miners, Senator SPEC- sued efforts to save other children from RICK SANTORUM, as well as Senator TER’s chief counsel, crime counsel; the fate which befell Adam by working KYL, Senator DEWINE, Senator TALENT, Todd Braunstein, with Senator SPEC- to enact Federal legislation which will and others, for their support in pro- TER; Matt McPhillips, with Senator establish a national registry for sex of- ducing this bill, which will protect SPECTER; Julie Katzman, with Senator fenders. children with the assistance of some LEAHY; Bruce Cohen, Senator LEAHY’s The National Center for Missing and 200 new Federal prosecutors, 45 new chief of staff on the Judiciary Com- Exploited Children estimates that computer forensic experts to prevent mittee; Noah Bookbinder, with Senator there are at least 100,000 sex offenders child pornography, 20 new Internet LEAHY; Christine Leonard, with Sen- who are not accounted for by law en- Crimes Against Children Task Forces, ator KENNEDY. Senator KENNEDY has forcement. John Walsh estimates the and the Department of Justice’s played a significant role here. He was figure to be higher, approximating Project Safe Childhood Program and willing to withdraw the hate crimes 150,000. new SMART Office, which are both bill so that this bill would pass readily Statistics show that sex offenders dedicated to protecting children from through both bodies. I am very grateful prey most often on juveniles; that two- sex offenders. to him. thirds of the sex offenders currently in A special note of commendation is Reed O’Connor of Senator CORNYN’s State prisons are there because they due to Senator SANTORUM for his work staff; Nicole Gustafson of Senator have victimized a child. Compared with on two important components of the GRASSLEY’s staff; Sharon Beth Kristal, other criminals, sex offenders are four bill: First, on Project Safe Childhood Senator DEWINE’s staff; Gabriel Adler, times more likely to be rearrested for a and second, on the Safe Schools Act. of Senator DORGAN’s staff; Joe Matal, sex crime. It is estimated that some These provisions and others will help from Senator KYL’s staff; Avery Mann, 500,000 children are sexually abused stop sex offenders such as Brian from America’s Most Wanted, who each year. According to Department of McCutchen, who was sentenced last played a significant role here; Bradley Justice statistics, child molesters have year to 35 to 70 years in a Pennsylvania Hayes, from Senator SESSIONS’ staff; been known to re-offend as late as 20 prison for attempting to murder and Lara Flint, from Senator FEINGOLD’s years after their release from prisons. rape an 8-year-old Philadelphia girl in staff; Cindy Hayden, from Senator SES- There are currently State laws which a public restroom. He was a repeat of- SIONS’ staff; Allen Hicks, of course, require registration of sex offenders, fender. He had been convicted of as- from Senator FRIST’s staff; and Brandi but unfortunately they have proved to saulting a 9-year-old girl in a similar White, from Senator FRIST’s staff.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.059 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8030 CONGRESSIONAL RECORD — SENATE July 20, 2006 Of course, I would like to mention Donna Coleman, past president of the lies. I am proud to have worked with Michelle Laxalt, who took a great per- Children’s Advocacy Alliance based in John and the National Center for Miss- sonal interest in this bill and from the Henderson, NV, was instrumental in ing and Exploited Children on this leg- outside helped us a great deal. We want getting our State laws changed. She is islation. I am confident that the legis- to thank the National Center for Miss- another example of how one person can lation will save the lives of thousands ing and Exploited Children, especially make a difference, and I applaud her of children. Ernie Allen, John Libonati, Robbie work. I thank John Walsh, Ernie Allen, Callaway, and Carolyn Atwell-Davis, Not all States have been as vigilant president of the National Center, and who has carried so many balls for us as Nevada, and that is a problem when Carolyn Atwell-Davis, along with the here, and Manus Cooney, who used to sex offenders cross State lines. The bill rest of the dedicated staff at the Na- be chief of staff under me on the Judi- before us will establish uniform rules tional Center, for the truly amazing ciary Committee. for the information sex offenders are work they do, on a daily basis, to pro- And then I would like to pay respect required to report and when they are tect our Nation’s children. to just some of the victims who really required to report it. It will also give In March, John came by my office to helped with this bill: Elizabeth and Ed law enforcement agencies the tools talk about the importance of a na- and Lois Smart; Linda Walker, the they need to enforce these require- tional sex offender registry. He told me mother of Dru Sjodin; Mark Lunsford; ments. that this was the most important piece of legislation he had seen in over two Erin Runnion; Marc Klass; Polly A number of Senators have been lead- decades of advocating for children’s Franks, Patty Wetterling; and last but ers in this legislative effort. In addi- issues. tion to Chairman SPECTER and Rank- not least—really, really, we can never I promised John then that I would EAHY, I appreciate the thank them enough, John and Reve ing Member L make passing this critical piece of leg- Walsh. hard work of Senators BIDEN, DORGAN, islation a priority. And I am proud to So with that, Mr. President, I yield HATCH, KENNEDY, and others. I thank tell John—to tell our Nation’s chil- the floor. the majority leader for making this dren, parents, and law enforcement— Mr. REID. Mr. President, the Senate bill a priority. I hope the House will that the U.S. Senate has not only is about to take an important step to follow suit and send this bill to the heard your concerns, but we are acting improve the safety of our Nation’s chil- President for his signature without tonight to address them. dren. Very shortly, we will pass the delay. The Adam Walsh bill—so named to Adam Walsh Child Protection and The PRESIDING OFFICER (Mr. honor the upcoming 25th anniversary Safety Act, also known as the Sex Of- ALLEN). The majority leader is recog- of his death and the memory of other fender Registration and Notification nized. child victims and their families—has Act. I am proud to be a cosponsor of Mr. FRIST. Mr. President, 25 years many components designed to protect this significant legislation. ago this month, Reve Walsh took her 6- our Nation’s children. The Senate passed an earlier version year-old son Adam shopping with her. First, the bill establishes a national of this bill by unanimous consent on They were looking for lamps at a local sex offender registry. Currently, there May 4, nearly 2 months ago. Since department store—a short mile from are more than 550,000 registered sex of- then, Senators SPECTER and LEAHY their home—when Adam was abducted. fenders in the United States, and at have conducted bipartisan negotiations Sixteen days later, Adam’s body was least 100,000 of them are missing. with the House, which had passed a dif- positively identified. To date, no one Loopholes in the current system ferent version. has been indicted for this horrific allow some sexual predators to evade Today, I am pleased to say that nego- crime. law enforcement, placing our children tiations have resulted in a strong bill As parents, John and Reve Walsh’s at risk. While many States, including that will soon pass both Chambers and worst nightmare had become a reality. my own home State of Tennessee, have become law. I appreciate the willing- As a father of three sons, I cannot registries, this information is not al- ness of all Members to put aside unre- imagine what pain this caused the ways shared with other States. By cre- lated controversial issues so that we Walsh family. ating a national registry, we are clos- could focus on the core purpose of this Through their tears and grief, John ing the loopholes that allow offenders bill—protecting children. and Reve Walsh transformed the trag- to slip through the cracks. And we are Next Thursday, the 27th of July, is edy of Adam’s death into a lifelong encouraging law enforcement at all the 25th anniversary of the abduction commitment—a commitment to pro- levels—local, State, and Federal—to and murder of 6-year-old Adam Walsh. tect children from abduction, abuse, collaborate and to share information. Since then, the work of Adam’s father, and exploitation. The registry will make it easier for John Walsh, demonstrates that a single John and Reve have been on the fore- law enforcement to act on a tip, to person can make a difference in our front of most major child protection identify and intercept offenders before country and our world. legislation passed by this Congress they can strike again, before they can Following the tragic event involving over the last 25 years: the Missing Chil- repeat their crimes and victimize more their son, John and Reve Walsh found- dren’s Act of 1982; the Missing Chil- children. The national registry will be publicly ed the National Center for Missing and dren’s Assistance Act of 1984, which accessible via the Internet and search- Exploited Children. John Walsh’s TV founded the fantastic National Center able by ZIP Code. This empowers par- program, ‘‘America’s Most Wanted,’’ for Missing and Exploited Children; the ents. It gives them the tools they need Protect Act of 2003, which established a has led to the apprehension of thou- to learn whether a neighbor down the sands of criminals. And now John nationwide Amber Alert network to co- street has a history of sexual violence Walsh has been the driving force be- ordinate rapid emergency responses to so they can protect their children from hind this bill. missing child alerts—and, most re- harm. The legislation establishes a national cently, the Adam Walsh Child Protec- Further, the bill increases the pen- sex offender registry which will make tion and Safety Act of 2006, which is alty for failure to register from a mis- it easier for local law enforcement to before us today. demeanor to a felony. It enhances reg- track sex offenders and prevent repeat This important legislation estab- istration requirements, by mandating offenses. The bill also authorizes much lishes a national sex offender registry, that offenders register more often and needed grants to help local law en- publicly available and searchable by in person, rather than by mail. forcement agencies establish and inte- ZIP Code; creates a national abuse reg- By strengthening these require- grate sex offender registry systems. istry; toughens penalties for crimes ments, we are sending a message loudly My home State of Nevada has been a against children; and cracks down on and clearly to sex offenders: If you leader in this movement. Our State re- the growing crisis of Internet predators don’t register, we will find you, and cently made changes to improve the and child pornography. you will go to jail. accuracy and reliability of the Nevada John’s and Reve’s tireless dedication The bill also toughens penalties for registry requirements. This Federal is an inspiration to parents of child violent crimes against children, includ- bill will strengthen those efforts. victims and millions of American fami- ing sex trafficking of children, coercion

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.118 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8031 or enticement of child prostitution, this body and, indeed, House with Sen- Protection Act. A bill the Senate will and sexual abuse. ate. debate shortly. I believe, as a father of Another aspect of this bill is the cre- In the Senate, I especially want to three children, including one daughter, ation of a child abuse registry. I want recognize my colleague, Senator it is a very important piece of legisla- to thank Senators KYL and ENZI for HATCH, for his tireless efforts on this tion. their hard work in helping to get this bill—the champion, the leader, the one Good people can disagree on issues provision included in the bill. with the bold vision, without whom even of profound moral consequence. This legislation was recommended by simply this would not have happened. Most Americans, even those who con- Childhelp, a children’s advocacy orga- I want to thank Chairman SPECTER sider themselves pro-choice, believe nization with whom my wife Karyn and and Senators SANTORUM, KYL, and there should be at least some restric- many of our Senate spouses are proud DEWINE, for all their hard work on tions on abortion. to be associated. bringing this legislation to fruition. I believe this is one of those situa- Every day, four children die as a re- Also, I want to thank Speaker tions where we should be able to come sult of child abuse, and every day HASTERT and Majority Leader BOEHNER together and find some common Childhelp is on the frontlines working and Chairman SENSENBRENNER and ground. The Child Custody Protection to prevent child abuse and treat vic- Congressman FOLEY for their commit- Act simply states that if an adult will- tims of such abuse. They explained to ment to this issue. fully takes a minor child across State me that while many States have child I urge my colleagues to join me in lines to get an abortion, for the pur- abuse registries, this information is voting for this Adam Walsh bill, and pose of avoiding a State’s parental con- not shared with other States. look forward to a future that is safer sent or notification law that would be This is especially problematic with for our children. a Federal crime for that adult. child abusers. They often relocate Mr. President, I do not believe there Judicial bypass is an integral part of when questions are raised by a teacher, are any further speakers on the bill; all effective parental consent laws. So a neighbor, or a doctor about whether a therefore, I yield back all time and ask for those concerned about the cases of child is being abused. unanimous consent that the Senate parental rape or incest and what a By creating a national child abuse now proceed to third reading and a child does in that case?—there is a ju- registry, we will tear down the infor- vote on H.R. 4472, with all of the provi- dicial review, a judicial bypass avail- mation barrier and enable Child Pro- sions of the agreement remaining in able. The Child Custody Protection Act tective Services professionals in dif- place. I ask unanimous consent, after would only apply in those States pa- ferent States to share information crit- passage, that the title amendment be rental consent or notification laws in ical to child abuse investigations. read and agreed to. place. The final component of this bill ad- The PRESIDING OFFICER. Without This is an important piece of legisla- dresses the sexual exploitation of chil- objection, it is so ordered. tion, especially for parents as many of dren over the Internet—and the grow- The question is on the engrossment these cases involve a 20-something- ing crisis of child pornography, an esti- of the amendment and third reading of year-old male who has impregnated a mated $20 billion a year industry. the bill young teenager, often a 13, 14, 15-year- The Internet has become the anony- The amendment was ordered to be old girl, which has ended in a secret mous gateway for child predators to engrossed and the bill to be read a abortion. make contact with children, to win third time. Now because your little girl had be- their confidence, and to victimize The bill was read the third time. come pregnant and this 20-something- them. The PRESIDING OFFICER. The bill year-old realized that is a crime of Current data show that of the 24 mil- having been read the third time, the statutory rape, they want to dispose of lion child Internet users, 1 in 5 has re- question is, Shall the bill pass? the evidence. So they decide to talk ceived unwanted sexual solicitations The bill (H.R. 4472), as amended, was your little girl into going across State online—1 in 5. And as a recent ‘‘Date- passed. lines for an abortion because your line NBC’’ series called ‘‘To Catch A Mr. HATCH. I move to reconsider the State law requires parental notifica- Predator’’ vividly demonstrated, many vote. tion or parental consent for such a pro- of these cyber-stalkers are more than Mr. FRIST. I move to lay that mo- cedure. They go to the State next door, eager to trap their young online vic- tion on the table. take care of the abortion, and you, the tims in a real-world nightmare. The motion to lay on the table was parent, know nothing about it. How The bill provides additional resources agreed to. would you feel as a parent in a situa- to combat this growing problem by The PRESIDING OFFICER. The tion such as that? adding 200 new Federal prosecutors to clerk will please read the amendment Even further, abortion is a surgical prosecute crimes involving the sexual to the title. procedure. Our kids are not even al- exploitation of minors; by creating 10 The assistant legislative clerk read lowed to get an aspirin in school with- new Internet Crimes Against Children as follows: out parental consent. They are not al- Task Forces, which bring local, State, Amend the title to read as follows: ‘‘To lowed to take a field trip without pa- and Federal law enforcement together protect children from sexual exploitation rental consent. They are not allowed to and violent crime, to prevent child abuse and to collaborate in solving these crimes; child pornography, to promote Internet safe- take sex education classes without pa- by adding 45 new forensics examiners ty, and to honor the memory of Adam Walsh rental consent. Yet, remarkably, it is to accelerate processing of online evi- and other child crime victims. not against the law evade parental con- dence of child exploitation; and by pro- The PRESIDING OFFICER. Without sent or notice requirements to take a viding grants for programs to educate objection, the amendment to the title child across State lines to get a sur- children and parents on Internet safe- is agreed to. gical procedure, a surgical abortion. ty. The amendment (No. 4687) was agreed It is time for legislation such as the We must continue to do more to pro- to. Child Custody Protection Act. I realize tect our children. American families The PRESIDING OFFICER. The Sen- that emotions run high on both sides of should not have to live in fear of child ator from Nevada. the abortion issue. They run deeply predators lurking in the shadows of our Mr. ENSIGN. Mr. President, I ask and have divided our country for some neighborhoods or enticing our children unanimous consent to speak as in time. We need to look for a place of online. morning business for 5 minutes. common ground. A place where reason- I want to thank my colleagues on The PRESIDING OFFICER. Without able people should be able to come to- both sides of the aisle for their efforts, objection, it is so ordered. gether and agree to at least have this for giving life to this critical piece of f one restriction on abortion, agree that legislation. This is clearly a bipartisan, parents should be involved in the deci- bicameral bill that has overwhelming CHILD CUSTODY PROTECTION ACT sions, especially the medical decisions, support. I am pleased we were able to Mr. ENSIGN. Mr. President, I rise to involving their children. The Child unite, Democrats and Republicans, in speak today about the Child Custody Custody Protection Act does just that.

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.119 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8032 CONGRESSIONAL RECORD — SENATE July 20, 2006 This is legislation where we preserve Law School in 1991, a Doctorate of Phi- Legal Residence: Virginia parent rights, we preserve State rights, losophy from Oxford University in 2004. Education: B.A. with honors, Columbia and we do something that approxi- He clerked for Judge David Sentelle University, 1988; J.D. with honors, Harvard of the Court of Appeals for the District Law School, 1991; D. Phil., Oxford Univer- mately 80 percent of the American peo- sity, 2004. ple support. of Columbia. He was a law clerk for Su- Employment: Law clerk, Judge David B. As we debate this bill over the next preme Court Justice Byron White and Sentelle, United States Court of Appeals for several days, I hope people will take an Supreme Court Justice Anthony Ken- the D.C. Circuit, 1991–1992; Law clerk, U.S. honest look at the intent of this legis- nedy. Supreme Court justices Byron White and An- lation. I hope people will not automati- He was a partner in the distinguished thony Kennedy, 1993–1994; Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, 1995– cally, because the word ‘‘abortion’’ is law firm of Kellogg, Huber, Hansen, and principal deputy to the Associate 2005 (partner 1998–2005; associate 1995–1997); contained in this legislation, say: I Principal Deputy to the Associate Attorney can’t vote for such a measure because Attorney General for the Department of Justice from 2005 to the present. General, United States Department of Jus- it contains abortion language. I hope tice, 2005–present. I also support the nomination of people will say: Let’s find the common Selected Activities: American Bar Associa- Bobby Ed Shepherd to be a judge for ground. Let’s look for things that are tion, c. 2002–present; American Trial Law- the U.S. Court of Appeals for the reasonable and come together on an yers Association, c. 2002–present; Phi Beta Eighth Circuit. Kappa; Republican National Lawyers Asso- issue that should be agreed on to pro- He is a candidate with an excellent ciation; Member of the New York, Colorado, tect our children, our daughters. academic record. He earned his bach- and District of Columbia bars. I yield the floor. elor’s degree, magna cum laude, in 1973 Neil M. Gorsuch was nominated by Presi- dent Bush to be a Judge on the U.S. Court of f from Ouachita Baptist University, and Appeals for the Tenth Circuit on May 10, law degree with high honors from the EXECUTIVE SESSION 2006. A hearing was held on his nomination University of Arkansas in 1976. He had on June 21, 2006. He was reported out of the a varied legal practice as a solo practi- Committee on July 13, 2006 by a voice vote. NOMINATION OF NEIL M. GORSUCH tioner and as a partner with various Mr. Gorsuch received his B.A. from Colum- bia University in 1988, where he graduated TO BE UNITED STATES CIRCUIT law firms, most recently Landers & Shepherd. In 1991, Judge Shepherd was with honors. In 1991, he received his J.D. JUDGE FOR THE TENTH CIRCUIT elected a circuit-chancery judge for the from Harvard Law School, again graduating 13th judicial district for the State of with honors. In 2004, he received a doctorate in legal philosophy from Oxford University. NOMINATION OF BOBBY E. SHEP- Arkansas. Since 1993 he has served as a Mr. Gorsuch has had a brilliant career as a HERD TO BE UNITED STATES United States Magistrate Judge for the lawyer and scholar. CIRCUIT JUDGE FOR THE United States District Court for the Following law school he served as a law Western District of Arkansas. clerk to Judge David B. Sentelle of the U.S. EIGHTH CIRCUIT Judge Shepherd, like Mr. Gorsuch, Court of Appeals for the D.C. Circuit. has come to this position with unani- He then had the rare distinction of clerk- mous approval. We expect their con- ing for two Supreme Court justices. Between NOMINATION OF DANIEL PORTER 1993 and 1994, he served as a law clerk to Jus- firmation on a voice vote later today. tices Byron White and Anthony Kennedy. JORDAN III TO BE UNITED I also support the nomination of Dan- STATES DISTRICT JUDGE FOR Mr. Gorsuch’s work with Justice White oc- iel Porter Jordan III to be a judge for curred just after the justice retired from the THE SOUTHERN DISTRICT OF the United States District Court for MISSISSIPPI Supreme Court, so he assisted the former the Southern District of Mississippi. justice with his work on the Tenth Circuit, He received a bachelor’s degree from where he sat by designation. the University of Mississippi in 1987 In 1995, Mr. Gorsuch joined the law firm of NOMINATION OF GUSTAVO ANTO- and a law degree from the University of Kellogg, Huber, Hansen, Todd, Evans & NIO GELPI TO BE UNITED Virginia Law School in 1993. He was a Figel, PLLC, where he served as an associate STATES DISTRICT JUDGE FOR legislative assistant to Senator TRENT until 1997 and as partner from 1998 to 2005. At Kellogg, he handled a wide range of commer- THE DISTRICT OF PUERTO RICO LOTT. He was an associate of the law cial matters, including contracts, antitrust, The PRESIDING OFFICER. Under firm of Butler, Snow from 1993 to 1999 RICO, and securities fraud. the previous order, the Senate will pro- and has been an equity member, equiv- Since June 2005, Mr. Gorsuch has served as ceed to executive session to consider alent of partner, since 2000. Principal Deputy to the Associate Attorney the following nominations, which the Again, Mr. JORDAN has, I believe, General, Robert McCallum. The Associate clerk will report. unanimous support. We expect him to Attorney General, of course, is the third The legislative clerk read the nomi- be confirmed later this evening on a ranking officer in the Department of Justice. nations of Neil M. Gorsuch, of Colo- voice vote. As his Principal Deputy, Mr. Gorsuch assists I also support the nomination of Gus- in managing the Department’s civil litiga- rado, to be United States Circuit Judge tion components which include the Anti- for the Tenth Circuit; Bobby E. Shep- tavo Antonio Gelpi to be U.S. District Judge for the District of Puerto Rico. trust, Civil, Civil Rights, Environment, and herd, of Arkansas, to be United States Tax Divisions. Circuit Judge for the Eighth Circuit; Mr. Gelpi has a bachelor’s degree from Mr. Gorsuch has received a unanimous Brandeis University and a law degree Daniel Porter Jordan III, of Mis- ‘‘Well Qualified’’ rating from the American from Suffolk University Law School. sissippi, to be United States District Bar Association. He was a law clerk to Federal Judge Judge for the Southern District of Mis- Juan Perez-Gimenez and later served in BOBBY ED SHEPHERD sissippi; and Gustavo Antonio Gelpi, of the Office of the Federal Public De- UNITED STATES COURT OF APPEALS FOR THE Puerto Rico, to be United States Dis- fender, before joining the Puerto Rican EIGHTH CIRCUIT trict Judge for the District of Puerto Department of Justice. At that Depart- Birth: November 18, 1951, Arkadelphia, Ar- Rico. ment he served as an assistant to the kansas. The PRESIDING OFFICER. The Sen- Legal Residence: Arkansas. Attorney General of Puerto Rico before Education: B.A., magna cum laude, 1973, ator from Pennsylvania. becoming Deputy Attorney General for Mr. SPECTER. In my capacity as Ouachita Baptist University; J.D., with high the Puerto Rican Office of Legal Coun- honors, 1975, University of Arkansas School chairman of the Judiciary Committee, sel. of Law. I seek recognition to speak briefly on I ask unanimous consent the com- Employment: Associate, Spencer, Spencer four judicial nominees currently before plete resumes of these distinguished & Shepherd, P.A., 1981–1984; Attorney, solo the Senate. nominees be printed in the RECORD. practice, 1984–1987; Partner, Landers & Shep- I begin with the nomination of Neil There being no objection, the mate- herd, 1987–1990; Circuit-Chancery Judge, 13th M. Gorsuch to be a judge for the U.S. rial was ordered to be printed in the Judicial District, State of Arkansas, 1991– 1993; U.S. Magistrate Judge, U.S. District Court of Appeals for the 10th Circuit. RECORD, as follows: Mr. Gorsuch has an excellent academic Court for the Western District of Arkansas, NEIL M. GORSUCH 1993–present. background with a bachelor’s with hon- UNITED STATES COURT OF APPEALS FOR THE Selected Activities: Director, Boys and ors from Columbia University, 1988, a TENTH CIRCUIT Girls Club of El Dorado, 1985–present; Mem- law degree with honors from Harvard Birth: Aug. 29, 1967, Denver, Colorado ber, Arkansas Bar Association; Member,

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.121 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8033 House of Delegates, 1985–1986; Member, Exec- Mr. Jordan has been very involved with the port of both home State Democratic utive Council, 1985–1988; U.S. Army Reserve, Mississippi Bar Association, including serv- Senators. We were pleased to be able to 1973–1981—honorably discharged as First ing as a member of the Board of Directors expedite his nomination through the Lieutenant. and both Secretary and Treasurer of the committee and bring him to the floor President Bush nominated Magistrate Litigation Section. Judge Bobby E. Shepherd to be a Judge on Mr. Jordan has been active in pro bono ac- so quickly. Neil Gorsuch has been nom- the U.S. Court of Appeals for the Eight Cir- tivities and was awarded the Hinds County inated to the Court of Appeals for the cuit on May 18, 2006. He received a hearing Bar Association Pro Bono Award in 2005. Tenth Circuit. I know that Senator on June 28. He was reported out of Com- Mr. Jordan received a ‘‘qualified’’ rating SALAZAR is pleased that we were able mittee on July 13, 2006 by a voice vote. by the American Bar Association. to move his nomination quickly as Judge Shepherd has a long and distin- GUSTAVO ANTONIO GELPI well. Today we also consider two dis- guished legal career in Western Arkansas U.S. DISTRICT JUDGE FOR THE DISTRICT OF trict court nominees, Daniel P. Jordan, during which he has handled a wide range of PUERTO RICO III, who has been nominated to be a legal issues, both civil and criminal, as a judge and as an advocate. Birth: 1965, San Juan, Puerto Rico. judge on the U.S. District Court for the Judge Shepherd received his B.A., cum Legal Residence: Puerto Rico. Southern District of Mississippi, and laude, from Ouachita Baptist University in Education: Gustavo A. Gelpi, who has been nomi- 1983–1987, Brandeis University, B.A. degree. 1973 and his J.D., with high honors, from nated to be a judge on the U.S. District 1988–1991, Suffolk University Law School, University of Arkansas School of Law in Court for the District of Puerto Rico. I J.D. degree. 1976. Bar Admittance: 1992, Puerto Rico. have heard plaudits from around the Upon graduating from law school, he em- Experience: 1991–1993, United States Dis- country for Judge Gelpi. barked on a career as a private attorney in trict Court, District of Puerto Rico, Law When they are confirmed, Judge western Arkansas. Practicing as either a Clerk to the Hon. Juan M. Perez-Gimenez. Shepherd and Mr. Gorsuch will be the solo practitioner or in small partnerships, 1993–1997, Office of Federal Public De- fifth and sixth circuit court nominees Judge Shepherd was a true general practi- fender, Assistant Federal Public Defender. tioner. He handled personal injury cases, col- confirmed this year. Along with Judge 1997–1999, Puerto Rico Department of Jus- Gelpi and Mr. Jordan, we will have con- lections, domestic relations, probate, crimi- tice, Assistant to the Attorney General nal defense, banking, real estate and other (1997). Deputy Attorney General for the Of- firmed 28 judges this year. This far sur- matters. During this period of his career he fice of Legal Counsel (1997–1999). passes the total number of judges con- tried over 150 cases to verdict. 1999–2000, Commonwealth of Puerto Rico firmed in the 1996 congressional ses- In 1991, Judge Shepherd was elected as a Solicitor General. sion, when Republicans controlled the Circuit-Chancery Court Judge in Arkansas’s 2001, McConnell Valde´s, Special Litigation Senate and stalled the nominations of 13th Judicial District. In that capacity he Counsel. presided in over 30 major felony jury trials President Clinton in an election year. 2001–present, United States District Court, In the 1996 session, Republicans would including capital murder cases. District of Puerto Rico, United States Mag- Since 1993, Judge Shepherd has served as a istrate Judge. not confirm a single appellate court United States Magistrate Judge in the West- Judge Gelpi was nominated by President judge, compared to six already this ern District of Arkansas. Bush to be a Judge on the U.S. District year. All 17 confirmations in 1996 were The American Bar Association has unani- Court for the District of Puerto Rico on district court nominees. That is the mously rate Judge Shepherd ‘‘Well Quali- April 24, 2006. He received a hearing on June only session I can remember in which fied’’ to serve on the Eighth Circuit. 15. He was reported out of Committee on the Senate refused to consider a single DANIEL PORTER JORDAN III July 13, 2006 by a voice vote. appellate court nomination. That was DISTRICT COURT FOR THE SOUTHERN DISTRICT Judge Gelpi graduated from Brandeis Uni- part of their pocket filibuster strategy OF MISSISSIPPI versity in 1987, and received his J.D. from the Suffolk University Law School in 1991. to stall and maintain vacancies in an Education: B.B.A., 1987, University of Mis- election year with the hope that a Re- sissippi; J.D., 1993, University of Virginia He began his legal career clerking for the Law School. Honorable Juan M. Perez-Gimenez on the publican President could pack the Employment: Legislative Assistant, Office U.S. District Court for the District of Puerto courts and tilt them decidedly to the of Senator Trent Lott, 1989–1990; Associate, Rico. right. In the important DC Circuit, the Butler, Snow, O’Mara, Stevens, & Cannada, Following his clerkship, Judge Gelpi joined confirmation of Brett Kavanaugh was 1993–1999; Equity Member, Butler, Snow, the Office of the Federal Public Defender for the culmination of the Republicans’ the District of Puerto Rico as an Assistant O’Mara, Stevens, & Cannada, 2000-present. decade-long attempt to pack the DC Selected Activities: Member, Mississippi Federal Public Defender. In that capacity he provided legal assistance to indigent defend- Circuit that began with the stalling of Bar Association—Secretary/Treasurer, Liti- Merrick Garland’s nomination in 1996 gation Section, 2005-present; Member, Board ants in criminal cases. During his time in of Directors, 2002-present; Member, Nomi- the Public Defender’s Office, he served as and continued with the blocking of nating Committee, 7th Circuit Court Dis- Special Counsel to the U.S. Sentencing Com- President Clinton’s other well-qualified trict, 1999—Member, American Bar Associa- mission where he worked on revisions to the nominees, Elena Kagan and Allen Sny- tion, Tort Trial & Insurance Practice Sec- Sentencing Guidelines. der. tion; Member, International Association of In 1997, Judge Gelpi joined the Puerto Rico The 28 judicial nominations con- Defense Counsel; Coordinator, Mississippi Department of Justice as Assistant to the firmed this year by the Republican- Attorney General, later that year he joined Volunteer Lawyer Project: Stewpot Legal controlled Senate surpasses the num- Clinic, 2005-present; Special Counsel, City of the Department’s Office of Legal Counsel. In 1999, Judge Gelpi began serving as Puer- ber of judges confirmed last year, 22. Jackson; Chairman, Madison County Repub- During the 17 months I was chairman lican Party, 2001–2004. to Rico’s Solicitor General. Daniel Porter Jordan III, was nominated Following a year as Solicitor General, of the Judiciary Committee and the by President Bush to be a Judge on the U.S. Judge Gelpi entered private practice with Senate was under Democratic control, ´ District Court for the Southern District of San Juan firm McConnell Valdes where he we confirmed 100 of President Bush’s Mississippi on April 24, 2006. His hearing was worked on commercial litigation. nominees. After today, in the last 2 In 2001, Judge Gelpi was appointed to serve on June 15, 2006 and he was voted out of the as U.S. Magistrate Judge for the District of years under Republican control, the Judiciary Committee on July 13, 2006. Puerto Rico. In that capacity, his rec- Senate will have confirmed 50. So the Mr. Jordan received his B.B.A. from the ommendations have consistently been adopt- fact that the Senate has now confirmed University of Mississippi in 1987, and his J.D. ed by the District Court. 1 2 from the University of Virginia School of more nominees in the past 5 ⁄ years, The American Bar Association unani- 1 Law in 1993. 255, than in the last 5 ⁄2 years of the mously rated Judge Gelpi ‘‘Qualified.’’ Mr. Jordan has had a distinguished legal Clinton administration is due in no career and will bring significant legal experi- Mr. LEAHY. Today the Senate will small part to the much faster pace of ence to the Federal bench. Prior to attending confirm four more lifetime appoint- confirmations of this President’s nomi- law school, Mr. Jordan was a Legislative as- ments to our Federal courts, including nees when Democrats controlled the sistant for Senator Trent Lott. Following two more nominees to important Fed- Senate. law school, Mr. Jordan joined Butler, Snow, eral circuit courts. Judge Bobby E. I am pleased that the Republican O’Mara, Stevens & Cannada as an Associate. Shepherd, who has been nominated for leadership has scheduled debate and Since 2000, Mr. Jordan has been an Equity Member of the firm, focusing on products li- a seat on the U.S. Court of Appeals for consideration of these nominations and ability litigation. More recently, he has the Eighth Circuit, is a U.S. magistrate am glad that the Republican leadership gained significant experience mediating judge and former Arkansas State cir- is taking notice of the fact that we can cases. cuit-chancery judge who has the sup- cooperate on swift consideration and

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.060 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8034 CONGRESSIONAL RECORD — SENATE July 20, 2006 confirmation of nominations. Working Colorado’s own Byron White. Following heartening to see a nominee on whom together, we can confirm four judges his prestigious clerkships, Mr. Gorsuch Senators from both parties can agree. today. I commend the Republican Sen- entered private practice. While in pri- While Mr. Gorsuch has spent the ma- ate leadership for passing over the con- vate practice, Mr. Gorsuch litigated jority of his professional life in Wash- troversial nominations of William matters for clients large and small, ington DC, his roots in the state of Col- Gerry Myers III, Terrence W. Boyle, ranging from individuals to nonprofits orado are strong—going back four gen- and Norman Randy Smith. The Repub- to corporations. Moreover, he litigated erations. Once confirmed, he will re- lican leadership is right to have avoid- cases on a range of issues from simple turn to Colorado where I hope that he ed an unnecessarily divisive debate contract disputes to complex antitrust will live up to the standard set by a over these nominations that were re- and securities fraud matters. He left long line of distinguished jurists from ported on a party-line vote. private practice in 2005 to return to our State, including the late Justice The President and Senate Republican public service, this time at the U.S. De- Byron White. leadership have too often, though, cho- partment of Justice where he currently At the young age of 38, Mr. Gorsuch sen to pick fights over judicial nomina- serves as the principal deputy to the has already had an impressive legal ca- tions rather than focus on filling va- Associate Attorney General. reer. After earning degrees from Co- cancies. Judicial vacancies have now Looking collectively at his career, lumbia University, Harvard Law grown to well over 40 from the lowest the picture of an appellate judge in School, and Oxford University, he went vacancy rate in decades. More than training emerges. Mr. Gorsuch has on to clerk on the DC Circuit and U.S. half these vacancies are without a served in all three branches of Govern- Supreme Courts. nominee. The Congressional Research ment, including the highest levels of Following his clerkships, he spent Service has recently released a study the judicial and executive branches. He nearly 10 years in private practice be- showing that this President has been has represented both plaintiffs and de- fore becoming Principal Deputy to the the slowest in decades to nominate and fendants. He has represented both indi- Associate Attorney General of the United States—where he helps manage the Republican Senate among the slow- viduals and corporations. He has liti- the Department’s civil litigation. est to act. If they would concentrate on gated civil cases and criminal cases. He I have had the chance to visit with the needs of the courts, our Federal has litigated in both Federal and State Mr. Gorsuch and learn about both his justice system, and the needs of the courts. In sum, the breadth and depth personal background and his profes- American people, we would be much of Mr. Gorsuch’s experience makes him sional experience. I found him to be in- further along. ideally suited to serve on the Federal telligent, thoughtful, and appreciative I congratulate the nominees on their appellate bench. of the great honor it is to be nominated confirmations today and hope that While Mr. Gorsuch is highly quali- to the Federal bench. It is no surprise, they prove to be the kind of judges who fied, I also promised the people of Colo- then, that the ABA rated him unani- understand the central role of the rado I would support judicial nominees mously well qualified. courts as a check and balance to pro- who would rule on the law and the Of course, it takes more than a great tect the rights of all Americans. facts before them, not judges who resume to be a great judge. In addition Mr. ALLARD. Mr. President, it is my would legislate from the bench. My to professional excellence as a lawyer, pleasure to rise in support of Neil M. support for Mr. Gorsuch today is con- a judicial nominee should have a dem- Gorsuch, President Bush’s nominee to sistent with that promise. From my onstrated dedication to fairness, im- the U.S. Court of Appeals for the Tenth conversations with Mr. Gorsuch, I am partiality, precedent, and the avoid- Circuit. Mr. Gorsuch is an extraor- certain he recognizes the proper role of ance of judicial activism—from both dinarily well qualified nominee. I begin the judiciary. The role of the judiciary the left and the right. by thanking Chairman SPECTER for is to interpret the law, not make the I believe that Mr. Gorsuch meets this swiftly and unanimously reporting this law. I believe Mr. Gorsuch is tem- very high test—and I believe he will nominee out of committee. I also peramentally and intellectually in- make a fine addition to the Tenth Cir- thank Majority Leader FRIST for bring- clined to stick to the facts and the law cuit Court of Appeals. ing this nomination to the floor for in cases that would come before him The PRESIDING OFFICER. The Sen- timely consideration. and that he would refrain from legis- ator from Arkansas. As a fifth-generation Coloradan, I am lating from the bench. Mr. PRYOR. Mr. President, I rise in pleased that President Bush chose a Moreover, Mr. Gorsuch’s personal support of a very fine person whom nominee with deep Colorado roots. views would not determine the course President Bush has nominated to be on Born in Denver, Mr. Gorsuch is a of cases that come before him. Mr. the U.S. Court of Appeals for the fourth-generation Coloradan who, if Gorsuch himself says: Eighth Circuit. His name is Bobby confirmed, would carry on his family Personal politics or policy preferences Shepherd. He will replace a very out- history of public service to the State of have no useful role in judging; regular and standing circuit court judge named Colorado. In fact, some may recognize healthy doses of self-skepticism and humil- Morris Arnold who is taking senior sta- Mr. Gorsuch from his service as a Sen- ity about one’s only abilities and conclusions tus. Judge Arnold has become a legal ate page in the early 1980s. It was in always do. institution in the State of Arkansas the Senate he made his foray into pub- I believe this statement also speaks and on the Eighth Circuit and in the lic service and developed a passion for to Mr. Gorsuch as a person. He is hum- Federal court system. He has abso- it that he exudes today. ble, unassuming, polite, and respectful. lutely done a fantastic job during his If I were asked to succinctly charac- This sentiment is reflected in numer- legal career of serving his country. He terize Mr. Gorsuch, I would have to say ous letters pouring into my office from has decided to take senior status. well rounded—well rounded education- people of all political persuasions who I am thrilled President Bush has se- ally, professionally, and personally. have worked with him over the years. lected Bobby Shepherd to replace him Mr. Gorsuch pursued a rigorous and Mr. Gorsuch possesses the tempera- on the Eighth Circuit. Judge Shepherd geographically diverse course of aca- ment befitting an appellate judge. has been a U.S. magistrate in the Dis- demic study. He earned his under- In conclusion, Mr. Gorsuch is a top- trict Court for the Western District of graduate degree from Columbia Univer- flight nominee whom I am proud to in- Arkansas for almost 13 years. One sity, including a summer at the Uni- troduce to my colleagues today. I urge thing I have noticed about Judge Shep- versity of Colorado; his law degree my colleagues to support his confirma- herd is, even though I practiced law in from Harvard; and a doctorate in legal tion. Arkansas since 1988, I have never heard philosophy from Oxford University. Mr. SALAZAR. Mr. President, I am one person say a bad word about Judge Mr. Gorsuch began his distinguished pleased to speak today in support of Bobby Shepherd. professional career as a law clerk to the nomination of Neal Gorsuch to the He was an elected court judge before Judge David Sentelle on the U.S. Court Tenth Circuit Court of Appeals. he was a magistrate. He prides himself of Appeals to the DC Circuit. He then At a time when too many judicial on being able to work out the litiga- went on to clerk for two Supreme nominations are bogged down by par- tion between or among the parties be- Court Justices, Justice Kennedy and tisan and ideological rancor, it is fore the necessity of a trial. That is a

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.122 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8035 great quality for a trial court judge Mrs. LINCOLN. Mr. President, I rise lawyers in our State and was elected and a Federal magistrate to try to in support of the nomination of Judge chairman of the Young Lawyers’ Sec- unclog the court system by finding a Bobby Shepherd to become the next tion of the Mississippi State bar. He is resolution before you have to go to the member of the United States 8th Cir- a partner in one of the largest and expense and the time and the judicial cuit Court of Appeals. most prestigious law firms in Mis- resources of going to trial. Based on my review of the record, my sissippi. Prior to his being a magistrate, he visits with Judge Shepherd, and feed- I am confident he will serve with dis- was an elected circuit court judge back I have received from members of tinction and reflect great credit on the which is a trial court judge in Arkan- the Arkansas legal community who Federal judiciary. I urge the Senate to sas. He served there admirably. He know Judge Shepherd well, I believe he confirm him. practiced law in private practice for 14 is qualified to serve in this position, Mr. LOTT. Mr. President, it is my years. He is a University of Arkansas and I support his nomination. pleasure to speak in support of the School of Law graduate, and received Judge Shepherd was born in nomination of Daniel Jordan. I am glad high honors at the university. He went Arkadelphia, AR. After high school, that the President agreed with my high to college at Ouachita Baptist Univer- Bobby graduated magna cum laude opinion of Dan and nominated him to sity, and served our Nation in the U.S. from Ouachita Baptist University in the U.S. District Court for Southern Army Reserve. He is a director of the 1973. He then continued his education Mississippi. In Mississippi, Dan’s nomi- Boys and Girls Club of El Dorado, AR, by earning a law degree from the Uni- nation has received broad bipartisan and has volunteered through the boys versity of Arkansas, graduating with support and praise. He is a well-re- clubs and other organizations for over high honors. spected litigator, and even those who 20 years in that community. He also After law school, Judge Shepherd have sometimes opposed him in the happens to be a deacon and trustee of began his professional career as an at- courtroom feel he is an excellent the First Baptist Church in his home- torney in private practice at Spencer & choice to serve in the Federal judici- town of El Dorado. Spencer law firm in El Dorado. From ary. I thank my colleagues, especially 1984 to 1987, he worked as a solo practi- Dan comes from a wonderful family Senators SPECTER and LEAHY, for their tioner. In 1991, he began his career as a that I have known for a long time. I decision to move this nomination jurist serving as a Circuit-Chancery know that they must be extremely swiftly, and also Senator HATCH who judge for the 13th District of Arkansas proud of him and all that he has ac- chaired the confirmation hearing and until his appointment as a Magistrate complished. I, too, have enjoyed watch- did an outstanding job through that Judge for the Western District of Ar- ing him develop into an outstanding fa- process. Senator LINCOLN and I were kansas in 1993. ther, lawyer, and a respected Mississip- able to be there to introduce him. Throughout Judge Sheperd’s nomina- pian. President Bush made a rare find in tion process numerous Arkansans from Dan is a cum laude graduate in eco- nominating Judge Shepherd. He has to- all walks of life have contacted me urg- nomics from University of Mississippi, tally avoided controversy. But one ing me to support Judge Shepherd. where he was inducted into the Univer- thing about him is, when Judge Arnold Some of these people had been advo- sity’s Hall of Fame. In 1993, he received announced he was going to take senior cates in Judge Shepherd’s courtroom his J.D. from the University of Vir- status, very quickly a consensus grew and others simply considered them- ginia—where he was on the editorial around this Federal magistrate down selves his friends. To a person, they all board of the Journal of Law and Poli- in El Dorado, AR. Democrats and Re- found Judge Shepherd to be a man of tics. He is currently engaged in the publicans support him; Independents honor, respected by his peers and in his general practice of law as a partner and Libertarians support him. People community. with Butler, Snow, O’Mara, Stevens & in his community, people outside his In closing, I thank Chairman SPEC- Cannada—the largest law firm based in community, lawyers of all stripes, TER and Senator LEAHY for working Mississippi. whether they are plaintiffs lawyers, de- with Judge Shepherd and me in moving In his private practice, Dan has fense lawyers, criminal defense law- his nomination forward. I appreciate gained broad experience and dem- yers, prosecutors, unanimously people their consideration of this nominee and onstrated the knowledge, profes- think he is the right person to be on urge every Member of the Senate to sionalism, fairness, temperament, and the Eighth Circuit Court of Appeals. support his confirmation. skill that make him ideally suited for He has an outstanding reputation as Mr. COCHRAN. Mr. President, I am the Federal bench. Dan is a member of a fair and studious judge. Around the pleased to recommend to the Senate the International Association of De- State I have heard nothing but praise the confirmation of David P. Jordan as fense Counsel. He serves on the Execu- from my colleagues in the legal com- U.S. district judge for the Southern tive Committee of the Mississippi Bar’s munity of this decision by President District of Mississippi. General Litigation practice group. Dan Bush. In fact, the American Bar Asso- His education, experience, and good is a past-president of the Jackson ciation rated him unanimously well moral character equip him with the Young Lawyers Association. He served qualified. qualifications to serve with distinction on the Hinds County Bar Association When I look at judges, whether they on the Federal bench. I have known Board of Directors, the Mississippi are from Arkansas or other places, I Dan Jordan’s parents since we were Young Lawyers Board of Directors, as have three criteria: First, are they classmates at the University of Mis- liaison to the Bench and Bar Relations qualified; second, do they have the sissippi, and I have had the oppor- Committee of the Hinds County Bar proper judicial temperament; and tunity to follow their son’s develop- Association and as special prosecutor third, do they have the ability to be ment and achievements over the years. for the Board of Bar Admissions. fair and impartial. He had remarkable success as a student With Federal judicial nominations, it He passes all three tests with flying and was a gifted athlete at his high is important that we recognize the colors. He is eminently qualified. He school in Richmond, VA, where his fa- honorable service of those who choose has proven beyond any doubt that he ther was a professor of history and to leave private practice to serve. How- has the right temperament, and he has chief executive of the foundation that ever, Dan’s service is not surprising. He proven to all who have ever seen him in maintains Thomas Jefferson’s famous has a history of public service. Before action or been before him that he is house and serves as a center for re- attending law school, Dan gained expe- fair and impartial. I am confident that search as well as programs relating to rience while working for the U.S. De- Judge Shepherd will bring these quali- early American history and public partment of Interior and later as a leg- ties and many more to the Eighth Cir- service. islative aide on my Senate staff. cuit. I, as well as Senator LINCOLN, Dan Jordan has earned a reputation Since returning to Mississippi and heartily endorse this nomination and for integrity and excellence as a lawyer entering private practice, he has con- am proud to be part of this nomination in my State. He is widely respected for tinued to find time to serve his com- process, and I am certainly proud to his sense of fairness and his keen intel- munity and profession in many ways. give him my vote. ligence. He is highly regarded by the He has served as the coordinator for

VerDate Aug 31 2005 04:09 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.124 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8036 CONGRESSIONAL RECORD — SENATE July 20, 2006 the Jackson, MS-based Stewpot Legal people are now beginning to move from both Iran and Syria play in supporting Clinic—an organization providing legal the region. I urge that that continue to Hezbollah. Israel is now forced to fight assistance to the homeless. He has happen as quickly as possible. We have a defensive war on two fronts as worked with Habitat for Humanity and many innocent people in harm’s way. Hezbollah terrorists and Palestinian served as a committee chairman for We need to remember that and do ev- militants are committing countless the Metropolitan Crime Commission. erything we possibly can to protect acts of aggression towards Israel. His tireless work has prompted leaders them. Israel’s response to Hamas’s and in the Jackson, MS, philanthropic com- f Hezbollah’s continuing bombardment munity to laud his efforts and impact. of Israel, the murder of its soldiers, and MIDDLE EAST CRISIS He has been named one of Mis- the capture of three Israeli soldiers is sissippi’s Top 40 under 40 by the Mis- Mr. SPECTER. Mr. President, I have justified. Israel unilaterally evacuated sissippi Business Journal and honored sought recognition to speak briefly settlements and military bases in Gaza as Jackson’s Finest by the Mississippi about the situation with Hamas at- last September after an occupation M-S (Multiple Sclerosis) Foundation. tacking Israel from the south, the since the 1967 Middle East war. It has He is an active member of Christ Hezbollah attacking Israel from the not returned with significant forces United Methodist Church in Jackson, north, and the actions of Israel in de- since then, despite near-daily rocket MS, and is a loving husband and father fending herself in accordance with fire from the Gaza strip into southern of two. international law under article 51 of Israel. As recognized by the U.N., Israel The President’s nomination of Dan the United Nations charter. completely pulled out of Lebanon in Jordan comes as no surprise, given his The action against Israel from the 2000, despite missile fire from Southern education, experience, reputation, and south was provoked by Hamas and the Lebanon into Israel. The capture of temperament. I believe that when con- Palestinian Authority with the kidnap- Israeli soldiers was unprovoked by firmed, Dan will excel as a fair, honest, ping of an Israeli soldier and the firing Israel. Were the United States measured, and capable judge. I am of rockets into southern Israel. The ac- bombarded by Kassams and Katyusha proud to have the opportunity to voice tion against Israel from the north was and were its soldiers kidnapped we my full support for Dan’s nomination, provoked by Hezbollah firing rockets would also respond with force—propor- and I look forward to his confirmation. into northern Israel. Regrettably, the tionate force—the force necessary to I yield the floor and I suggest the ab- conflict has escalated but the parties cease the bombardments and sence of a quorum. responsible for the conflict are Hamas kidnappings. Yet again, the Middle The PRESIDING OFFICER. The to the south and Hezbollah to the East faces a crisis brought on by those clerk will call the roll. north. opposed to the peace that is sought by The legislative clerk proceeded to The action of Hezbollah comes as a so many. call the roll. surrogate for Syria and from Iran. An On September 12, 2005, to the jubila- Mr. FRIST. Mr. President, I ask Israeli ship was struck by an Iranian tion of the Palestinians living in Gaza, unanimous consent that the order for missile in conjunction with other cir- Israel unilaterally withdrew its mili- the quorum call be rescinded. cumstantial evidence of Iran having so- tary and civilian presence from every The PRESIDING OFFICER. Without called advisers in Lebanon. There is inch of Gaza as part of a bold and cou- objection, it is so ordered. strong reason to believe that the rock- rageous effort to reduce the tensions Mr. FRIST. Mr. President, I yield et was fired by Iran—not conclusive, with Palestinians and enable them to back all time on the judge nomina- but strong reason to believe. If so, it is better build a strong society on their tions. an act of war. own territory. The Palestinians in The PRESIDING OFFICER. All time The United Nations ought to call Gaza wasted no time destroying all is yielded back. The question is, Will Iran and Syria on the carpet to explain Jewish houses of worship that were left the Senate advise and consent to the their conduct in backing Hezbollah, in behind in Gaza, but the world, includ- nominations, en bloc? providing personnel to do more than ing the Israelis, remained silent be- The nominations were confirmed, en train Hezbollah, more than advisers cause they did not want anything to bloc. being integral parts of the military of- derail this sincere effort for peace. Just The PRESIDING OFFICER. The fensive of Hezbollah. several months later, the Palestinians President shall be immediately noti- The Israelis living in northern Israel elected Hamas, a terrorist organiza- fied of the Senate’s action. have complained about Hezbollah hav- tion, to lead its government. During f ing a knife at their throat. With so this time, Kassam missles have been many rockets poised on the southern regularly launched from Gaza into MORNING BUSINESS Lebanese border and with a provo- Israel and on June 25th, Palestinian Mr. FRIST. Mr. President, I ask cation of Hezbollah, it certainly war- gunmen within Hamas captured a 19- unanimous consent that there now be a rants the action which has been taken year old Israeli soldier, Corporal Gilad period for the transaction of morning by Israel on the premises. Shalit, and killed two others, at an business, with Senators permitted to It is regrettable that there have been army post within Israel. Corporal speak for up to 10 minutes each. civilian casualties, but I do believe Shalit is the first Israeli soldier to be The PRESIDING OFFICER. Without that Israel has made every reasonable kidnapped by a Palestinian armed objection, it is so ordered. and realistic effort to minimize such group since 1994. Israel immediately f casualties. There is inevitably collat- demanded release of the soldier. Hamas eral damage in war, but this is an occa- responded by offering only to provide AMERICANS IN LEBANON sion when the international commu- information about Corporal Shalit, not Ms. STABENOW. Mr. President, ear- nity ought to call Iran and Syria to his release, in exchange for the release lier this week I spoke about the fact task for their provocative acts for of over 400 Palestinians in Israeli jails. that there would be tremendous hard- using Hezbollah as a surrogate. Israel rightly refused an exchange, and ship on people who are currently in In the context of what has happened, hoped that international pressure Lebanon—American citizens leaving in I think President Bush was entirely would succeed. Having waited 3 days, the midst of a war zone. The stated pol- correct in his statements that Israel on June 28th, Israeli troops pushed into icy, earlier this week, was to require had a right to defend itself against Gaza to find and free Corporal Shalit. people to pay a fee to leave, and I am Hezbollah in the north and a right to President Bush appealed to Pales- appreciative of the fact that, after defend against Hamas in the south. tinian Fatah leader, Abbas and our speaking out and after introducing a Mr. President, I speak today about Middle-East allies to exert pressure on bill that, in fact, would allow them to the recent unprovoked and coordinated Hamas to free Corporal Shalit. The waive the fees, in fact, the Secretary of attacks that have been launched on U.S. ambassador to the UN, John State has done that. Israel by Hezbollah in Lebanon and Bolton, called on the Syrian president, I appreciate the fact that they are Hamas in Gaza. These provocative at- Bashar Assad to arrest Hamas leader proceeding with that and the fact that tacks are further highlighting the role Khaled Mashaal, who is harbored in

VerDate Aug 31 2005 04:38 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.063 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8037 that country. Additionally, Egypt and miles over the border. These far reach- I have made many trips to Israel and Jordan urged Syria to use its influence ing missiles appear to be built by the the Arab countries in the Middle East with Hamas to win Shalit’s release. Iranians and pose an extreme threat and am deeply saddened by the recent With no soldier and no prospect of his that Israel has not previously faced events. I will continue to support peace release, Israel continued its offensive, with Hezbollah. In 2004, the United Na- in the region and oppose all acts of ter- arresting 60 Palestinian officials and tions passed a resolution calling for rorism. launching air strikes on bridges to pre- Hezbollah to be disarmed. Not only has vent movement of Shalit, on weapon no serious effort been undertaken to f storage sites, and on Gaza’s central disarm them, but rouge regimes con- HONORING OUR ARMED FORCES power station. Hamas continued to tinue to supply them with new weap- launch Kassam missiles into Israel tar- ons, training, and other support. The Mrs. BOXER. Mr. President, today I geting civilian population centers; and world should unite in its outrage at rise to pay tribute to 45 young Ameri- Palestinian militants, seeking cover this behavior by Hezbollah and its al- cans who have been killed in Iraq since among Palestinian civilians, used lies and unite behind Israel and the April 6. This brings to 595 the number RPGs, grenades, mines, and assault ri- forces of peace to bring a swift end to of soldiers who were either from Cali- fles to impede Israel’s actions. This is this conflict and to press for the safe fornia or based in California who have how the Palestinian leadership re- return of Israel’s soldiers and the en- been killed while serving our country sponds to Israel’s genuine actions for forcement of the UN resolution. in Iraq. This represents 23 percent of peace. The Israelis endured great polit- It is worth noting that while Israel all U.S. deaths in Iraq. ical and emotional divisions when they has responded with strong force in its LCpl Juana Navarro Arellano, 24, forcibly removed their own people from attempts to rescue its soldiers and root died April 8 from wounds received Gaza, but they thought these sacrifices out the terrorist networks on its bor- while supporting combat operations in were necessary for a lasting peace. The ders, it has made great efforts to mini- the Al Anbar province of Iraq. She was Israelis demonstrated remarkable re- mize civilian casualties. Israel regu- assigned to the 9th Engineer Support straint in the face of these attacks larly drops pamphlets to warn civilians Battalion, 3rd Marine Logistics Group, from Gaza and in the initial days of the of upcoming actions and attempts to III Marine Expeditionary Force, Oki- secure meaningful intelligence so that kidnapping of Corporal Shalit. But, nawa, Japan. She was from Ceres, CA. its strikes are targeted on the people when it became clear that Hamas did Cpl Richard P. Waller, 22, died April and places involved in terrorist activ- not share Israel’s desire for peace, they 7 from wounds received while con- ity. These are courtesies that the had no choice to respond with force. ducting combat operations in the Al Hamas and Hezbollah do not extend. Then on July 12th, Hezbollah killed Anbar province of Iraq. He was as- As we all now know, these actions of eight soldiers and captured two more signed to the 1st Battalion, 1st Marine Hezbollah and Hamas can be seen as an Regiment, I Marine Expeditionary from within Israel, near the border extension of aggression from Iran and with Lebanon. Hezbollah leader Sheik Force, Camp Pendleton, CA. Syria. Iranian president, Mahmoud LCpl Eric A. Palmisano, 27, died Hassan Nasrallah said that this was Ahmadinejad has publicly stated his April 2 after the truck he was riding in not in response to Israel’s recent air desire to ‘‘wipe Israel off the face of the rolled over in a flash flood near Al strikes in Gaza, but was something map.’’ The Iranians have helped Asad, Iraq. Palmisano was listed as they had wanted to do for ‘‘over a Hezbollah launch hundreds of missiles Duty Status—Whereabouts Unknown year’’. Hezbollah’s killing of eight into Israel and have provided Hezbollah until his body was recovered April 11. Israeli soldiers and the kidnapping of $100 million annually. Syria provides He was assigned to 1st Transportation two others represents an unprovoked the home, safe haven and command Support Battalion, 1st Marine Logis- act of war against Israel. Israel fully center to Hamas leader, Khaled tics Group, I Marine Expeditionary withdrew from southern Lebanon in Mashaal, and it continues to sponsor Force, Camp Pendleton, CA. May 2000. This peaceful step by Israel acts of terrorism. The timing of these was certified by the U.N. Security attacks served to destabilize negotia- Cpl Joseph A. Blanco, 25, died of inju- Council as having met the require- tions between the Hamas and Fattah ries sustained in Taji, Iraq on April 11 ments of U.N. Security Council Resolu- Palestinian parties, derailing progress when an improvised explosive device tion 425, which called for an Israeli in the peace process. The events also detonated near his Bradley Fighting withdrawal and for Lebanon to assert distract the international community Vehicle and he subsequently came control over the area vacated by Israel. from Iran’s nuclear ambitions at a under small arms fire during combat Israel rightfully opposes any prisoner time of heightened pressure on the Ira- operations. He was assigned to the 7th exchange with Hamas or Hezbollah. nian government to curtail its pro- Squadron, 10th Cavalry Regiment, 1st Israel cannot send the message that it gram. Brigade Combat Team, 4th Infantry Di- will release hundreds of prisoners each I support the President’s statement vision, Fort Hood, TX. He was from time Hamas and Hezbollah capture an that calls for an unconditional release Bloomington, CA. Israeli, soldier or civilian. That would of the captured soldiers, and holds LCpl Marcus S. Glimpse, 22, died only encourage more kidnappings, and Syria and Iran accountable for April 12 as the result of an improvised increase the power of Hamas and Hezbollah’s actions but I encourage explosive device while conducting com- Hezbollah resulting in greater insta- him to do more. There is opportunity bat operations in the Al Anbar prov- bility to the region and undermining for hope in this crisis. Many Palestin- ince of Iraq. He was assigned to 1st the peace process. ians and Lebanese citizens do not sup- Battalion, 1st Marine Regiment, 1st Following Hezbollah’s kidnapping, its port the aggressive actions of Marine Division, I Marine Expedi- firing of Katyusha rockets into north- Hezbollah or Hamas’s military wing. tionary Force, Camp Pendleton, CA. He ern Israel and demand for a prisoner The international community must was from Huntington Beach, CA. swap, Israel responded with military support the Lebanese government and LCpl Philip J. Martini, 24, died April force directed at Hezbollah’s infra- the Palestinian Authority in rep- 8 of a gunshot wound while conducting structure in Lebanon, accurately call- resenting their many moderate citizens combat operations in the Al Anbar ing Hezbollah’s actions an act of war. who seek peace and security for their Province of Iraq. He was assigned to 1st Israel struck Beirut’s airport to pre- families and communities. Now is the Battalion, 1st Marine Regiment, 1st vent the removal of the Israeli soldiers time for the forces of peace and mod- Marine Division, I Marine Expedi- and to disrupt military supplies, struck eration in Lebanon to not only aspire tionary Force, Camp Pendleton, CA. Hezbollah’s television station, and for peace but take action to stop Cpl Salem Bachar, 20, was killed due struck numerous roads, bridges and Hamas and Hezbollah from pulling to enemy action in the Al Anbar Prov- Hezbollah quarters to disrupt commu- their people into deeper conflict. If ter- ince of Iraq on April 13. He was as- nication. Hezbollah responded with in- rorist factions continue to attack signed to Headquarters Battalion, 1st creased and deeper rocket attacks, Israel and capture Israeli soldiers, Marine Division, I Marine Expedi- which for the first time reached far Israel is left with no other choice but tionary Force, Camp Pendleton, CA. He enough into Israel to strike Haifa, 20 to defend its people and its borders. was from Chula Vista, CA.

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.068 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8038 CONGRESSIONAL RECORD — SENATE July 20, 2006 LCpl Stephen J. Perez, 22, was killed Sgt Elisha R. Parker, 21, died May 4 Spc Luis D. Santos, 20, died on June due to enemy action in Al Anbar Prov- while conducting combat operations 8 in Buhritz, Iraq, when an improvised ince, Iraq on April 13. He was assigned against enemy forces in the Al Anbar explosive device detonated near his to 1st Battalion, 1st Marine Regiment, province of Iraq. He was assigned to military vehicle. He was assigned to 1st Marine Division, I Marine Expedi- the 1st Combat Engineer Battalion, 1st Headquarters and Headquarters Com- tionary Force, Camp Pendleton, CA. Marine Division, I Marine Expedi- pany, 1st Battalion, 68th Armor Regi- Petty Officer 3rd Class Marcques J. tionary Force, Camp Pendleton, CA. ment, 4th Infantry Division, Fort Car- Nettles, 22, died April 2 when the truck Pfc Benjamin T. Zieske, 20, died of son, CO. He was from Rialto, CA. he was riding in rolled over in a flash injuries sustained in Kirkuk, Iraq on Hospitalman Zachary Mathew Alday, flood near Al Asad, Iraq. He was pre- May 3 when an improvised explosive 22, was killed on June 9 while con- viously listed as Duty Status—Where- device detonated during a dismounted ducting combat operations against the abouts Unknown. His body was recov- combat patrol. He was assigned to the enemy in the Al Anbar Province of ered April 16. He was assigned to 1st 1st Battalion, 327th Infantry Regiment, Iraq. He was assigned to 7th Marines, Combat Logistics Battalion, 1st Marine 1st Brigade Combat Team, 101st Air- Regimental Combat Team 7, I Marine Logistics Group, I Marine Expedi- borne Division (Air Assault), Fort Expeditionary Force, Twentynine tionary Force, Camp Pendleton, CA. Campbell, KY. He was from Concord, Palms, CA. Sgt Kyle A. Colnot, 23, died of inju- CA. LCpl Brent B. Zoucha, 19, died June 9 ries sustained in Baghdad, Iraq on LCpl Leon B. Deraps, 19, died May 6 of wounds received while conducting April 22 when an improvised explosive while conducting combat operations combat operations in the Al Anbar device detonated near his vehicle caus- against enemy forces in the Al Anbar province of Iraq. He was assigned to 1st ing a fire. He was assigned to the 1st province of Iraq. He was assigned to Battalion, 7th Marine Regiment, 1st Squadron, 67th Armored Battalion, 2nd the 7th Engineer Support Battalion, 1st Marine Division, I Marine Expedi- Brigade Combat Team, 4th Infantry Di- Marine Logistics Group, I Marine Expe- tionary Force, Twentynine Palms, CA. vision, Fort Hood, TX. He was from Ar- ditionary Force, Camp Pendleton, CA. LCpl Salvador Guerrero, 21, died cadia, CA. LCpl Benito A. Ramirez, 21, died May June 9 of wounds received while con- LCpl Aaron W. Simons, 20, died April 21 while conducting combat operations ducting combat operations in the Al 24 while conducting combat operations against enemy forces in the Al Anbar Anbar province of Iraq. He was as- against enemy forces in the Al Anbar province of Iraq. He was assigned to 3rd signed to 1st Battalion, 7th Marine province of Iraq. He was assigned to 1st Battalion, 5th Marine Regiment, 1st Regiment, 1st Marine Division, I Ma- Battalion, 7th Marine Regiment, 1st Marine Division, I Marine Expedi- rine Expeditionary Force, Twentynine Marine Division, I Marine Expedi- tionary Force, Camp Pendleton, CA. Palms, CA. He was from Los Angeles, tionary Force, Twentynine Palms, CA. LCpl Robert G. Posivio III, 22, died CA. Cpl Michael A. Estrella, 20, died June He was from Modesto, CA. May 23 while conducting combat oper- 14 while conducting combat operations Pfc Raymond L. Henry, 21, died on ations against enemy forces in the Al in the Al Anbar province of Iraq. He April 25, in Mosul, Iraq, when an im- Anbar province of Iraq. He was as- was assigned to 3rd Battalion, 3rd Ma- provised explosive device detonated signed to 1st Battalion, 1st Marine rine Regiment, 3rd Marine Division, III near his vehicle during combat oper- Regiment, 1st Marine Division, I Ma- Marine Expeditionary Force, Marine ations. He was assigned to the 1st Bat- rine Expeditionary Force, Camp Pen- Corps Base Kaneohe Bay, Hawaii. He talion, 17th Infantry Regiment, 172nd dleton, CA. was from Hemet, CA. Stryker Brigade Combat Team, Fort Pfc Steven W. Freund, 20, died May 23 Cpl Christopher D. Leon, 20, died Wainwright, AK. He was from Ana- while conducting combat operations June 20 from wounds received while heim, CA. against enemy forces in the Al Anbar conducting combat operations in the LCpl Michael L. Ford, 19, died April province of Iraq. He was assigned to 1st Al Anbar province of Iraq. He was as- 26 while conducting combat operations Battalion, 1st Marine Regiment, 1st signed to 5th Air Naval Gunfire Liaison against enemy forces in the Al Anbar Marine Division, I Marine Expedi- Company, III Marine Expeditionary province of Iraq. He was assigned to tionary Force, Camp Pendleton, CA. Force, Okinawa, Japan. He was from the 1st Tank Battalion, 1st Marine Di- Cpt Nathanael J. Doring, 31, died Lancaster, CA. vision, I Marine Expeditionary Force, May 30 following a nonhostile heli- SSgt Benjamin D. Williams, 30, died Twentynine Palms, CA. copter accident near Al Taqaddum, June 20 while conducting combat oper- Cpl Brandon M. Hardy, 25, died April Iraq, on May 27. He was assigned to Ma- ations in the Al Anbar province of Iraq. 28 while conducting combat operations rine Light/Attack Helicopter Squad- He was assigned to 1st Battalion, 1st against enemy forces in the Al Anbar ron-169, Marine Aircraft Group-39, 3rd Marine Regiment, 1st Marine Division, province of Iraq. He was assigned to 3rd Marine Aircraft Wing, I Marine Expedi- I Marine Expeditionary Force, Camp Assault Amphibian Battalion, 1st Ma- tionary Force, Camp Pendleton, CA. Pendleton, CA. rine Division, I Marine Expeditionary Cpl Richard A. Bennett, 25, died May Pfc Christopher N. White, 23, died Force, Camp Pendleton, CA. 30 following a nonhostile helicopter ac- June 20 while conducting combat oper- Sgt Lea R. Mills, 21, died April 28 cident near Al Taqaddum, Iraq, on May ations in the Al Anbar province of Iraq. while conducting combat operations 27. He was assigned to Marine Light/At- He was assigned to 1st Battalion, 1st against enemy forces in the Al Anbar tack Helicopter Squadron-169, Marine Marine Regiment, 1st Marine Division, province of Iraq. He was assigned to 3rd Aircraft Group-39, 3rd Marine Aircraft I Marine Expeditionary Force, Camp Assault Amphibian Battalion, 1st Ma- Wing, I Marine Expeditionary Force, Pendleton, CA. rine Division, I Marine Expeditionary Camp Pendleton, CA. LCpl Brandon J. Webb, 20, died June Force, Camp Pendleton, CA. Cpl Ryan J. Cummings, 22, died June 20 while conducting combat operations Sgt Edward G. Davis III, 31, died 3 from wounds received while con- in the Al Anbar province of Iraq. He April 28 while conducting combat oper- ducting combat operations in the Al was assigned to 1st Battalion, 1st Ma- ations against enemy forces in the Al Anbar province of Iraq. He was as- rine Regiment, 1st Marine Division, I Anbar province of Iraq. He was as- signed to 1st Battalion, 1st Marine Marine Expeditionary Force, Camp signed to 3rd Assault Amphibian Bat- Regiment, 1st Marine Division, I Ma- Pendleton, CA. talion, 1st Marine Division, I Marine rine Expeditionary Force, Camp Pen- Sgt Jason J. Buzzard, 31, died on Expeditionary Force, Camp Pendleton, dleton, CA. June 21 in Baghdad, Iraq, when an im- CA. Spc Issac S. Lawson, 35, died in Bagh- provised explosive device detonated LCpl Robert L. Moscillo, 21, died May dad, Iraq, on June 5 of injuries sus- near his military vehicle. He was as- 1 while conducting combat operations tained when an improvised explosive signed to E Company, 2nd Battalion, against enemy forces in the Al Anbar device detonated near his vehicle dur- 8th Infantry Regiment, 4th Infantry province of Iraq. He was assigned to ing combat operations. He was assigned Division, Fort Hood, TX. He was from the 1st Combat Engineer Battalion, 1st to the National Guard’s 49th Military Constantinople, CA. Marine Division, I Marine Expedi- Police Brigade, Fairfield, CA. He was Cpl Jason W. Morrow, 27, died June 27 tionary Force, Camp Pendleton, CA. from Sacramento, CA. from wounds received while conducting

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.095 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8039 combat operations in the Al Anbar CH–47 Chinook helicopter crashed dur- the Comprehensive Peace Agreement province of Iraq, on June 26. He was as- ing combat operations. He was assigned between the north and south Sudan, signed to 3rd Battalion, 5th Marine to the 71st Cavalry Regiment, 10th and resolving other internal and re- Regiment, 1st Marine Division, I Ma- Mountain Division, Light Infantry, gional conflicts. rine Expeditionary Force, Camp Pen- Fort Drum, NY. He was from San The timing of this appointment could dleton, CA. He was from Riverside, CA. Diego, CA. not be more critical. Deputy Secretary Pfc Rex A. Page, 21, died June 28 Sgt Bryan A. Brewster, 24, died east of State Bob Zoellick is departing and from wounds received while conducting of Abad, Afghanistan, in the Kunar other key administration officials that combat operations in the Al Anbar province, on May 5 when his CH–47 Chi- have been working on Sudan are rotat- province of Iraq. He was assigned to 3rd nook helicopter crashed during combat ing to new positions. I want to person- Battalion, 5th Marine Regiment, 1st operations. He was assigned to the 3rd ally thank Secretary Zoellick for his Marine Division, I Marine Expedi- Battalion, 10th Aviation Regiment, commitment to peace in Sudan. His tionary Force, Camp Pendleton, CA. 10th Mountain Division, Light Infan- tireless efforts were at the forefront of Spc Christopher D. Rose, 21, died on try, Fort Drum, NY. He was from Fon- this administration’s clear commit- June 29 of injuries sustained from an tana, CA. ment to this troubled country. improvised explosive device during Cpl Bernard P. Corpuz, 28, died in I urge the President to appoint a combat operations in Baghdad, Iraq. He Ghanzi, Afghanistan, on June 11 from trusted leader who is committed to was assigned to the 1st Battalion, 67th wounds sustained when his convoy bringing about peace in Sudan once Armored Regiment, 2nd Brigade Com- came under enemy small arms fire and and for all. bat Team, 4th Infantry Division, Fort an improvised explosive device deto- The thought of making similar state- Hood, TX. He was from San Francisco, nated during combat operations. He ments about Darfur in 2009 is unaccept- CA. was assigned to the 303rd Military In- able. Cpl Ryan J. Clark, 19, died on June 29 telligence Battalion, 504th Military In- f at Brooke Army Medical Center, San telligence Brigade, Fort Hood, TX. He WATER RESOURCES Antonio, TX. He died of injuries sus- was from Watsonville, CA. DEVELOPMENT ACT tained on June 17, in Ar Ramadi, Iraq, f Mr. INHOFE. Mr. President, during when an improvised explosive device yesterday’s debate on the Water Re- detonated near his military vehicle. He PRESIDENTIAL ENVOY FOR SUDAN sources Development Act, Senator was assigned to C Company, 40th Engi- REMARKS SARBANES, Senator JEFFORDS, and I neer Battalion, 1st Armored Division, Mr. DEWINE. Mr. President, I wish to agreed to submit for the RECORD a col- discuss a critical issue that I have ad- Baumholder, Germany. He was from loquy clarifying the intent of a provi- dressed in this Chamber numerous Lancaster, CA. sion authorizing the Poplar Island ex- Sgt Thomas B. Turner, Jr., 31, died times in the last several years, and pansion project in Maryland. Unfortu- that is the situation in Darfur. It is on July 14 at Landstuhl Regional Med- nately, this colloquy was inadvertently truly a shame that in July of 2006, the ical Center, Landstuhl, Germany. He left out. I ask unanimous consent that died of injuries sustained on July 13, in horrendous conditions and continued the colloquy be printed in the CON- Muqdadiyah, Iraq, when multiple im- violence look very similar to that GRESSIONAL RECORD at this point and provised explosive devices detonated which first caught our attention in that the permanent RECORD be cor- near his military vehicle. He was as- 2003. rected so that this colloquy appears Despite the recent peace agreement signed to the 1st Squadron, 32nd Cav- with the rest of yesterday’s debate on that was reached in early May between alry Regiment, 101st Airborne Division, the bill. Fort Campbell, Kentucky. He was from the Government of National Unity and There being no objection, the mate- Cottonwood, CA. one faction of the largest rebel group, rial was ordered to be printed in the Sgt Andres J. Contreras, 23, died on the violence on the ground has contin- RECORD, as follows: July 15 of injuries sustained when his ued unabated. This has led to a tenuous Mr. SARBANES. Mr. President, I would vehicle encountered an improvised ex- humanitarian situation. like to engage the distinguished chairman in plosive device in Baghdad, Iraq during According to the United Nations a colloquy with respect to the provisions in combat operations. He was assigned to Children’s Fund Darfur Nutrition Up- section 1001(a)(20), authorizing the Poplar Is- the 519th Military Police Battalion, 1st date for June 2006, malnutrition rates land Expansion, Maryland. Combat Support Brigade, Fort Polk, and admissions to therapeutic feeding Mr. INHOFE. I would be happy to respond to the Senator from Maryland. LA. He was from Huntington Park, CA. centers are rising across Darfur. Under Mr. SARBANES. I would simply like to SSgt Jason M. Evey, 29, died on July difficult conditions, our Government clarify that it is the intent of the committee 16 of injuries sustained when his Brad- has done a tremendous job in providing that this provision authorizes construction ley Fighting Vehicle encountered an assistance to the people of Darfur, in- of a 575–acre addition to the existing 1,140– improvised explosive device during cluding contributing over 80 percent of acre Poplar Island, MD, beneficial use of combat operations in Baghdad, Iraq. He the food delivered in Darfur by the dredged material project which is presently was assigned to the 1st Squadron, 10th World Food Program. Unfortunately, under construction and authorizes an addi- tional $256.1 million for that expansion. Calvary Regiment, 2nd Brigade Combat our Government’s efforts are not Mr. INHOFE. The Senator from Maryland Team, Fort Hood, TX. He was from enough. Other donors must increase is correct. Section 1001(a)(20) authorizes the Stockton, CA. their contributions and fulfill the Secretary to construct the expansion of the Spc Manuel J. Holguin, 21, died on pledges they made. Poplar Island, MD, project in accordance July 15 in Baghdad, Iraq, of injuries To make these matters worse, the with the Report of the Chief of Engineers sustained when his dismounted patrol Government of Sudan blatantly refuses dated March 31, 2006, at an additional total encountered an improvised explosive a U.N. peacekeeping mission in Darfur, cost of $256,100,000. This will increase the leaving the African Union to try and overall environmental restoration project at device and small arms fire. He was as- Poplar Island from 1,140 acres to approxi- signed to Headquarters and Head- enforce peace, which it has been unable mately 1,715 acres and bring the total cost of quarters Company, 2nd Battalion, 6th to do thus far. the existing project and the expansion Infantry Regiment, 1st Armored Divi- For these reasons, I am encouraging project to $643.4 million, with an estimated sion, Baumholder, Germany. He was President Bush to appoint a Presi- Federal cost of $482.4 million and an esti- from Woodlake, CA. dential envoy for Sudan as soon as pos- mated non-Federal cost of $161 million. I also pay tribute to the three sol- sible. The fiscal year 2006 emergency Mr. JEFFORDS. I concur that this is the committee’s intent. diers from or based in California who supplemental includes a provision of- Mr. SARBANES. I thank the chairman and have died while serving our country in fered by Senator BIDEN and myself to ranking member for this clarification and Operation Enduring Freedom since create a Presidential special envoy and for including this provision which is vitally April 6. an office in the State Department to important for the Port of Baltimore and the Spc Justin L. O’Donohoe, 27, died support it. This envoy is charged with Chesapeake Bay. east of Abad, Afghanistan, in the working to resolve the conflict in Mr. COBURN. Mr. President, I thank Kunar province, on May 5, when his Darfur, facilitating implementation of you for having this important debate

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.097 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8040 CONGRESSIONAL RECORD — SENATE July 20, 2006 regarding our Nation’s aging infra- point is clear: the processes used for addressing this void. The Corps has structure and for allowing this body to project justification, for long-term proven itself incapable of mending discuss the merits of Corps of Engi- planning, for cost containment, and for these problems on its own, and no- neers reform. project accountability are fundamen- where is this more apparent than in As you know, I supported allowing tally flawed and do not serve the best the project justification process. It is this bill to come to the Senate floor for interests of American taxpayers. For imperative that outside experts, with consideration. Congress has not passed too long, we have allowed project costs no stake in large-scale construction a water resources authorization bill to soar, routinely accepted inaccurate proposals, be allowed to review these since 2000, and particularly in the wake studies to justify large projects, and types of Corps studies. While I may of Hurricane Katrina, this debate is rarely, if ever, asked the tough ques- have designed the amendment in a long overdue. While many attempted to tions of Corps officials. slightly different manner, I look for- derail consideration of this debate, I Congress plays a central role in the ward to supporting the MCCAIN-FEIN- did not because I believed that we must oversight of all Federal agencies, and GOLD approach that will allow for a have this discussion in the open. with respect to the Corps, we have truly independent and time-sensitive That being said, I have deep concerns failed taxpayers miserably. Why? Per- review by a panel of experts. At the end regarding the legislation that is before haps a better question would be to ask of the day, Congress still makes the us today. Specifically, I am concerned who benefits most from lax congres- final decision on which projects to that we are missing a historic oppor- sional oversight. I would argue that fund, and in no way will this amend- tunity to incorporate the many lessons Members themselves are the real win- ment impact our constitutional obliga- learned since the last WRDA bill ners. We get the projects we want, re- tions or slow project construction. We passed in 2000. Consider the following gardless of the cost or the overall im- can still fund wasteful and inefficient developments that highlight the crit- pact on critical national infrastruc- spending if we so desire. If we pass this ture, and the Corps is allowed to oper- ical need for reform of the Corps of En- amendment, at least we will ensure ate as it pleases. This environment— gineers: that the studies we cite are accurate. with every incentive for construction The Government Accountability Office We owe that to the American public. (GAO) reported in March 2006 that ‘‘the cost and little or no incentive for account- I am grateful to my colleagues for benefit analyses performed by the Corps to ability—is a recipe for disasters of all the countless hours they have spent in support decisions on Civil Works projects . . sorts. putting this bill together. I know the The only way to fix this problem in . were generally inadequate to provide a rea- road that led to this debate today was sonable basis for deciding whether to proceed the long term is to bring fiscal trans- not an easy one, and it has been a long with the project . . .’’ GAO–06–529T—Corps of parency and oversight to this process. Engineers: Observations on Planning and First and foremost, we have to de- and difficult journey. As we embark on Project Management Processes for the Civil velop our ability to prioritize author- this debate and in our legitimate desire Works Program (March 15, 2006) ized Corps projects. The Corps cur- to pass this legislation, however, we In remarking on the fact that the Corps re- rently faces a $58 billion dollar project must not overlook the critical need for programmed over $2.1 billion through 7,000 Corps reform. The many lessons we reprogramming actions in fiscal years 2003 backlog that will take many decades to resolve, and this bill will add over $10 have learned since WRDA 2000 are as and 2004, the GAO noted that the Corps’ prac- numerous as they are pressing. The tice was often ‘‘not necessary’’ and is billion more to that backlog. Many ‘‘reflect[ive] of poor planning and an absence worthwhile projects, already debated Corps of Engineers is staffed by many of Corps-wide priorities for its Civil Works and authorized by previous Congresses, dedicated and hard-working Ameri- priorities.’’ GAO–06–529T—Corps of Engi- languish in the annual competition for cans, many of whom are in my State. neers: Observations on Planning and Project appropriations. Taking their place in The agency itself, however, is ailing Management Processes for the Civil Works line are politically popular projects and demands our attention. If the Program (March 15, 2006) that rarely address vital national in- Corps is to continue to meet the man- In a report to Congress in 2003 regarding date it has been given and serve the the Sacramento flood protection project, the frastructure needs. Again, we are fail- GAO found that the Corps used ‘‘an inappro- ing taxpayers. needs of the American taxpayer, we priate methodology to calculate the value of I am pleased to see the amendment must not move forward without the in- protected properties’’ and failed to properly offered by my colleagues, Senators corporation of new oversight and trans- report expected cost increases. Consider the FEINGOLD and MCCAIN, that will parency. projected costs for the three primary Sac- squarely address this lack of America’s waterways and flood con- ramento projects: the Common Features prioritization. The tools that will be trol projects have played an important Project increased from $57 million in 1996 to provided by this amendment will role in protecting our communities and $370 million in 2002; the American Features strengthen the ability of Members of in spurring agricultural and industrial project increased from $44 million in 1996 to commerce. Unless we can reform the $143 million in 2002; and the Natomis Basin Congress to analyze the hundreds of component has ballooned from an early esti- authorized Corps projects and deter- Corps, though, their impact will in- mated cost of $13 million, to $212 million in mine which are in the best interests of creasingly diminish. As it stands 2002. GAO–04–30—Corps of Engineers: Im- our Nation. Congress maintains its dis- today, the Corps is not accountable to proved Analysis of Costs & Benefits Needed cretion to fund whichever projects it Congress, and ultimately, it is not ac- for the Sacramento Flood Control Project. deems most appropriate, but we will do countable to the American taxpayer. Thanks to a Corps whistleblower and a sub- so with an abundance of new data that We have a historic opportunity to sequent investigation by the Army inspector change this environment, and we must general, we know that the Corps: ‘‘manipu- will highlight critical national lated the economic analyses of the feasi- infrastructural needs. Funds are in- seize it. bility study being conducted on the Upper creasingly limited, and we have a re- Mr. LIEBERMAN. Mr. President, I Mississippi lock expansion project in order sponsibility to prioritize projects based rise today in support of amendment to steer the study to a specific outcome.’’ on their impact. No. 4684, the McCain-Feingold- Furthermore, the investigation revealed that Second, in our efforts to improve this Prioritization amendment, to the a Corps official knowingly directed that important process, Congress must con- Water Resources Development Act. ‘‘mathematically flawed’’ data be used to sider ways to bring greater oversight The city of New Orleans has been justify the project. High-ranking Corps offi- to the Corps. The many instances of under a constant threat of flooding cials also were criticized for giving ‘‘pref- wrongdoing in the Corps project jus- from the ‘‘big one’’ ever since it was erential treatment to the barge industry . . founded in 1718. Though the city has .’’ by allowing industry representatives to tification process make clear that we become direct participants in the economic must do better. With billions of dollars survived, its flood control defenses analysis.’’ U.S. Office of Special Counsel: at stake and often thousands of lives have been tested and occasionally over- Statement of Elaine Kaplan. Special Coun- hanging in the balance, we simply can- whelmed. There was the great flood of sel, U.S. Office of Special Counsel (December not allow for manipulation and undue 1927 when the Mississippi River spilled 2000). influence in the justification study into the city, and there was Hurricane I could add several more examples, process. Betsy in 1965, which, according to Sen- including the many lessons we have Again, I am pleased to see the efforts ator Russell Long of Louisiana, learned in the wake of Katrina, but my of Senators MCCAIN and FEINGOLD in ‘‘picked up ... [Lake Pontchartrain]

VerDate Aug 31 2005 04:38 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.026 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8041 and put it inside New Orleans and Jef- sponsor, will address this problem by States on a path to reducing emissions ferson Parish.’’ requiring the Water Resources Plan- to 1990 levels by 2020 through a 2 per- In the same year that Betsy inun- ning Coordinating Committee, which cent annual reduction from 2010 dated the city, Congress authorized a the underlying WRDA Bill already es- through 2020, as well as achieving by hurricane protection project to protect tablishes for other purposes to evaluate 2050 emissions that are 80 percent the city. That project was supposed to the importance of Corps projects in below 1990 levels. take 13 years, cost $85 million, and, ac- three different categories—storm dam- The global warming debate began in cording to the Army Corps, protect age reduction projects, navigation Hawaii over 30 years ago when the greater New Orleans from the equiva- projects, and environmental restora- Mauna Loa Climate Observatory first lent of a fast-moving category 3 hurri- tion projects. The amendment also re- documented evidence of increased car- cane. quires the committee to rank projects bon dioxide levels in the Earth’s at- In the Senate Homeland Security and in each category so that Congress, and mosphere. The international scientific Governmental Affairs Committee’s in- the Corps itself, can determine what community now concurs that human vestigation into the preparation for projects are the most important to pur- activities are altering the climate sys- and response to Hurricane Katrina, our sue and most worthy of funding. The tem. The U.S., which is the world’s committee learned that that project Coordinating Committee will then sub- largest emitter of greenhouse gases, was still a decade or more away from mit its report to Congress and make must be accountable as a leader in re- completion—close to 50 years after this the report available to the public. ducing emissions and combating the body authorized its construction—and With that information, Congress can threats resulting from global warming. the total cost of the project had make better decisions about how to My home State of Hawaii is dis- ballooned to more than $750 million. In spend scarce Federal resources on crit- proportionately susceptible to in- addition, the project did not provide ical infrastructure projects across the creases in sea level rise and ocean tem- the level of protection for New Orleans country. We have to learn from perature, which jeopardize public safe- and the region that it was expected to Katrina and we should never again ty, economic development, cultural re- provide. allow a project that is so critical to the sources, and the health of our unique There were many reasons for the very livelihood of so many to languish island ecosystems and wildlife. It is delay, including natural ones such as because we did not give it the priority clear that coastal States will also face the subsidence of the land in south- it deserved. similar challenges caused by sea level eastern Louisiana. Building levees in I know many of my colleagues are rise resulting in flooding of low-lying this part of the country required the concerned that this amendment will re- property, loss of coastal wetlands, Army Corps to return time and time move authority from individual Mem- beach erosion, saltwater contamina- again to add additional layers to the bers about how to spend Army Corps tion of drinking water, and damage to levees, known as lifts, to accommodate dollars. I understand that concern, but coastal roads and bridges. Climate for the sinking soils. the reality is that the Corps has more models forecasting intense storms and But there were also manmade rea- work to do than funding to do it. This severe weather further threaten Ha- sons for the delay, such as the absence WRDA bill will add another $10 to $12 waii’s capacity to respond to natural of Federal funding. In recent years, billion in Army Corps projects on top disasters and acquire immediate relief local Army Corps officials have had to of the estimated $58 billion in back- from neighboring states. Remote and scramble to move these Louisiana hur- logged Army Corps projects that are rural areas are likely to be confronted ricane protection projects forward. authorized but not yet funded. Without with similar issues of self-sufficiency Local Army Corps officials had to urge some system of prioritizing projects, as and limited access to assistance. local levee boards to contact their con- this amendment would require, we run I am very concerned about the im- gressional delegation to ask for finan- the risk of another Katrina-like situa- pact of fossil fuel emissions on the cial help to restore levees to their tion where critical projects are not health of our planet and believe that original design height, and on two re- given the priority they deserve. On the we must actively seek solutions to cent occasions, the Army Corps had to other hand, by requiring the Corps to curb the buildup of greenhouse gases. rely on the local levee districts, which prioritize projects in each category— This bill sets energy efficiency targets share in the cost of these projects, to flood control, navigation, and environ- to assist both the industry and energy advance them money so they could mental restoration—we can ensure consumers in meeting these standards. continue construction of segments of that there is a balance among the This legislation lays out ambitious the hurricane protection system. types of projects that are funded and goals to minimize U.S. emissions and As the Corps of Engineers’ own Inter- that the most important and cost-ef- assist in the stabilization of global at- agency Performance Evaluation fective projects in each category get mospheric greenhouse gas concentra- Taskforce, or IPET, investigators ob- the attention they deserve. tions. served, if one part of the levee system Water resources projects are impor- We must invest in technology re- comes up short, it can compromise the tant to each and every State, but we search to control greenhouse gas emis- entire protection system. Yet this need to heed the lessons of Katrina and sions. Encouraging renewable energy levee system, which was supposed to be make sure that we spend our tax dol- technologies will play a crucial role in protecting one of America’s most vul- lars where they are most needed. successfully meeting the objectives of nerable cities, was never finished, and I urge my colleagues to support this this legislation. Under the guidance as a result, when Katrina hit last Au- critical amendment. provided by this bill, I firmly believe gust, dire consequences ensued. f the State of Hawaii, along with the We learned from Katrina that there rest of the United States, will be poised is a need to focus limited Federal re- GLOBAL WARMING POLLUTION to substantially reduce greenhouse gas sources on finishing flood control REDUCTION ACT OF 2006 emissions. But Federal support is vital projects that are critical to our Na- Mr. AKAKA. Mr. President, I want to to accomplishing our goals to combat tion’s health, safety, and welfare. The express my appreciation to my good global warming. Army Corps’ current process to do this friend and colleague, Senator JEF- I appreciate the technical assistance is inadequate. As the GAO testified be- FORDS, for his hard work and leadership provided by the Hawaii Natural Energy fore the House in March, ‘‘The Corps’ in developing comprehensive legisla- Institute and the Hawaii Department planning and project management tion that will assist in decreasing U.S. of Business, Economic Development processes cannot ensure that national greenhouse gas emissions. I am proud and Tourism. I remain committed to priorities are appropriately established to join him, along with my other col- working with them, other stakeholders across the hundreds of civil works leagues Senators BINGAMAN, BOXER, in Hawaii, and my colleagues, under projects that are competing for scarce KENNEDY, LEAHY, LAUTENBERG, and the leadership of Senator JEFFORDS, to federal resources.’’ REED in introducing the Global Warm- enact this legislation that will improve The McCain-Feingold amendment on ing Pollution Reduction Act of 2006, the health of our planet and the qual- prioritization, which I am proud to co- GWPRA. This bill sets the United ity of life for all Americans. Senator

VerDate Aug 31 2005 04:38 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.065 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8042 CONGRESSIONAL RECORD — SENATE July 20, 2006 JEFFORDS is a dedicated advocate for DM&E RAILROAD LOAN FROM THE the DM&E’s rate of accidents at cross- environmental protection. With the FEDERAL RAILROAD ADMINIS- ings was 2.3 times higher than the na- GWPRA, he leaves a legacy to guide TRATION tional average; the DM&E had the and inspire future generations to ac- Mr. DAYTON. Mr. President, I have highest rate of employee casualties tively address the issue of global warm- arisen previously to talk about a pro- among regional freight railroads in ing. I encourage my colleagues to join posal of the DM&E Railroad to recon- 2004, and was a close second in 2003 and Senator JEFFORDS in supporting this struct its rail line across southern Min- 2005; during the past 10 years, DM&E worthy initiative. nesota in order to run up to 36 unit had 107 accidents involving trains car- rying hazardous materials, including a f coal trains, rail cars containing grain and other agricultural products, and record 16 in 2005; and since 2003, when THIRTY-SECOND ANNIVERSARY OF possibly shipments of hazardous mate- the Federal Railroad Administration THE TURKISH INVASION OF CY- rials. The DM&E is presently seeking a loaned DM&E $233 million, DM&E’s PRUS $2.5 billion low-interest loan from the main track accident rate has soared to Federal Railroad Administration for eight times the national rate—a 175 Mr. REED. Mr. President, today, on percent increase over its pre-loan rate. behalf of the Greek Cypriot population this project, which the company ini- tially said would be financed to the pri- Mr. President, I ask unanimous con- of Rhode Island, and Greek Cypriots vate capital markets. sent that the the overview of this re- around the world, I recognize the 32nd Evidently unable to attract that nec- port, ‘‘The Sum of All Fears: Unsafe anniversary of the Turkish invasion of essary financing, DM&E has now Railroad Plus Unsafe Plan Equals Dis- Cyprus. turned to the American taxpayer to as- aster,’’ and the forwarding letter from Shortly before dawn 32 years ago sume the enormous financial risk that the Mayo Clinic to The Honorable Jo- today, heavily armed Turkish troops such a project entails. If the project seph H. Boardman, Administrator of landed on the northern coast of Cyprus were to be successful, the financial the Federal Railroad Administration, launching the invasion and subsequent benefits would go to DM&E’s execu- be printed in the RECORD. occupation of Northern Cyprus. Over tives and investors. If the project were There being no objection, the mate- the next 2 months, over 200,000 Greek to fail, the losses would be paid by rial was ordered to be printed in the Cypriots, an overwhelming 82 percent American taxpayers. It is for that rea- RECORD, follows: of the island’s population, were forced son that I have urged the Adminis- JULY 20, 2006. to seek refuge in the southern Greek trator of the Federal Railroad Admin- Hon. JOSEPH H. BOARDMAN, controlled portions of Cyprus. Turkey istration and the U.S. Secretary of Administrator, Federal Railroad Administration, Washington, DC. eventually called a ceasefire after seiz- Transportation, who have the ultimate ing 37 percent of the island. To this day DEAR ADMINISTRATOR BOARDMAN: On May decision-making authorities, to exer- 8, 2006, the County of Olmsted, the City of Turkey is the only country that recog- cise all necessary due diligence before Rochester, Mayo Clinic, and the Rochester nizes the self-declared ‘‘Turkish Repub- their decisions about this enormous fi- Area Chamber of Commerce submitted an lic of Northern Cyprus.’’ nancing. independent study by a prestigious account- Over the last 30 years, the United Na- Previously, I have also expressed the ing firm setting forth detailed reasons why tions Security Council and General As- strongest possible concern about granting a $2.5 billion loan to the Dakota, Minnesota and Eastern Railroad (DM&E) sembly have striven to resolve this on- DM&E’s intention to run this rail line going territorial dispute through mul- posed a substantial risk to the American through downtown Rochester, MN, and taxpayers that the loan will not be repaid. tiple failed peace talks and resolutions. immediately adjacent to the world-re- We believe that documented risk to the tax- While many years and much thought nowned Mayo Clinic. Mayo Clinic and payers is reason enough for the loan to be de- has gone into determining an equally Rochester City officials vehemently nied. agreeable solution, talks between the oppose DM&E’s intended route and In addition to the substantial risk of de- Greek Cypriot south and the Turkish fault, the public safety impact of any loan to maintain that it would be catastrophic the DM&E must be considered, especially Cypriot north constantly end in a to their clinic and their city. I agree. stalemate. given the DM&E’s abysmal safety record as The Mayo Clinic is known and re- outlined in the enclosed analysis. In light of However, hope was renewed this spected nationally and worldwide for the DM&E’s record as the most unsafe re- month when the United Nations began its medical excellence. Last year, the gional railroad in America, granting a $2.5 drafting recommendations on reviving Mayo Clinic saw over 1,700,000 patients billion loan to the DM&E would clearly and stalled peace talks between this war- who came from throughout Minnesota, dramatically increase the public safety risk divided island’s Greek and Turkish our country, and the world to seek the to the residents of Rochester and the pa- tients and physicians at Mayo Clinic. It Cypriot communities. Furthermore, best possible medical care. The Mayo Cyprus President Tassos Papadopoulos would also violate the statutory admonition Clinic is the largest private employer that the Secretary of Transportation shall and Turkish Cypriot leader Mehmet Ali in Minnesota, employing over 28,000 give priority to projects that ‘‘enhance the Talat were hailed by the Cyprus Par- people, including 2,400 physicians. public safety,’’ and undermine the Federal liament Speaker Demetris Christofias In addition to the serious financial Railroad Administration’s (FRA) statutory as taking positive steps toward restart- questions surrounding this project and obligation to ‘‘carry out all railroad safety ing the Cyprus peace talks. major environmental concerns across laws.’’ We must applaud the continued ef- its intended route, new information The proposed loan would not enhance the public safety. To the contrary, the proposed forts of the United Nations and the re- has just come to light that dem- loan would fund a project that could have newed focus of the Cypriot leaders to onstrates even more conclusively how terrible consequences for the residents of reunite a divided Cyprus and remain unacceptable its proposed route Rochester, Minnesota, and the patients, doc- committed to ushering the settlement through downtown Rochester, MN, and tors and scientists at Mayo Clinic. Trans- process forward. Cypriot, Mediterra- adjacent to the Mayo Clinic would be. porting hazardous materials, at high speeds, nean, and U.S. interests will benefit According to a report released today by on one of the country’s most dangerous rail- from a settlement that addresses all le- the Mayo Clinic, but using public, fac- roads, is an ‘‘accident’’ waiting to happen. If gitimate concerns of both sides and that accident were to occur in the City of tual information, DM&E has one of the Rochester near Mayo Clinic, then the con- promotes the stability of a hostile re- very worst safety records in the entire sequences could be catastrophic. gion. U.S. railroad industry. In fact, last The safety problems at the DM&E are well Much like the Greek proverb, ‘‘learn summer, Mr. Kevin Sheiffer, President documented by the FRA itself. Last October, to walk before you run,’’ Cypriot lead- and CEO of DM&E’s parent company, the FRA cited the DM&E for ‘‘numerous ers must take small steady steps for- told DM&E employees, in their news- problems with management and implementa- ward and continue forward even when letter, ‘‘We have a very poor safety tion of [its] safety program.’’ The FRA the road looks unpaved. There is a path should carefully consider the safety con- record.’’ sequences because granting the proposed that leads to the reunification and The report discloses that from 2000 loan would simply reinforce the DM&E’s at- peace between these two communities. through 2005, the DM&E reported train titude that safety does not matter. We be- Traversing this path, however, will accidents at a rate 7.5 times higher lieve that denying the loan would make it take patience and tolerance. than the national average; during 2005, clear that safety comes first.

VerDate Aug 31 2005 04:38 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.091 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8043 For these reasons (and the reasons set had nothing to do with the company’s high School Junior G8 team should be com- forth in our May 8, 2006 submission), we re- rate of accidents at highway-rail crossings or mended for their efforts and stand as spectfully submit that the DM&E’s loan re- its high rate of employee casualties. New an inspiration to us all. quest should be denied. We also reiterate our track will not change the company’s cavalier Once again, I would like to honor the previous request for the opportunity to meet attitude toward safety. with you to discuss the merits of our submis- In 2003, the FRA entered into a $233 million entire Glendale High School Junior G8 sions. loan agreement with the DM&E. Since that Team on a well-deserved victory. Each Sincerely, time the DM&E’s poor safety record has got- of these students holds wonderful MAYOR ARDELL BREDE, ten materially worse—not better. There is promise, and I applaud them for their City of Rochester. simply no reason to believe that lending the many achievements. Their futures are GLENN S. FORBES, M.D. DM&E another $2.5 billion would change the bright, and their performance will con- CEO, Mayo Clinic result or the company’s approach to safety. tinue to serve as a model for those who Rochester, Minnesota, is home to 40 per Rochester. follow in their footsteps.∑ JOHN WADE, cent of all the people who live along the President, Rochester DM&E’s proposed expansion route. Rochester f Area Chamber of is also home to Mayo Clinic, one of the Commerce. world’s leading medical centers. Many of CONGRATULATING BALDWIN HIGH DENNIS L. HANSON, Mayo’s patient-care facilities are within SCHOOL CHEERLEADERS President, Rochester hundreds of feet of the DM&E’s tracks—at ∑ Mr. AKAKA. Mr. President, I wish to City Council. ground level. An accident involving the spill congratulate the Baldwin High School of hazardous materials near Mayo Clinic, KENNETH D. BROWN, cheerleading team, from Wailuku, Chair, Olmsted County with its vulnerable patient population, Commissioners. would be disastrous. The safety risks posed Maui, HI, who on March 25, 2006, won a by an unsafe railroad transporting hazardous national title at the National Cheer- THE SUM OF ALL FEARS: UNSAFE RAILROAD materials at high speeds near a world-re- leaders Association U.S. Championship. PLUS UNSAFE PLAN EQUALS DISASTER nowned medical center should not be sub- The Baldwin cheerleaders placed first OVERVIEW sidized by the U.S. government. It is wrong in the small varsity coed division for a safety organization like the FRA to re- The Dakota, Minnesota and Eastern Rail- against teams from the Western United ward a company for disregarding the safety road (DM&E), a regional freight railroad, is States Radford High School, also from of the public and its own employees. The seeking a $2.5 billion loan from the United American people would be shocked to learn my State of Hawaii, was the second States government, backed by the American that the U.S. government is considering giv- place team to Baldwin High School. taxpayers, for a major expansion that would ing an unsafe railroad one of the largest The Baldwin cheerleaders were then allow trains to carry coal and other freight, loans to a private company in the history of named grand champions for placing including hazardous materials, through the the United States of America. heart of downtown Rochester—a few hundred highest in the most divisions, beating feet from Mayo Clinic—at speeds up to 50 f out 144 other participating teams. I am proud not only of the impressive miles per hour. The DM&E refuses to limit ADDITIONAL STATEMENTS the number of trains through Rochester and achievements but also of the humility refuses to restrict the type of cargo it carries and sportsmanship that the team dis- through Rochester near Mayo Clinic. GLENDALE HIGH SCHOOL played. The team represented the State The Secretary of Transportation must con- REACHING JUNIOR G8 SUMMIT of Hawaii very well. sider the effects of such a loan on the public I recognize the sacrifices many fam- safety and a loan should not be granted to ∑ Mrs. FEINSTEIN. Mr. President, I ily members and friends made to sup- the DM&E because it would expose Roch- would like to take the opportunity to port the team. These young men and ester and Mayo Clinic to the safety risks in- congratulate the students of Glendale women would not have been able to herent in the transportation of hazardous High School on becoming the U.S. rep- materials by a railroad with long-standing enjoy the athletic competitions if it resentative at the Junior G8 Summit. safety problems. were not for the moral and financial For the first time in 30 years, the an- The DM&E has one of the worst safety support of their families and commu- nual G8 Summit will include an official records of all U.S. railroads: nity. I applaud these efforts and wish exchange between children aged 13 to 1. From 2000 through 2005, the DM&E re- all the players and their families the ported train accidents at a rate 7.5 times 17 and G8 leaders. Glendale High best in their future endeavors. Finally, higher than the national average; School beat out 14 other schools for I recognize the hard work and dedica- 2. During 2005, the DM&E’s rate of acci- this once-in-a-lifetime chance to rep- tion of the participants and coaches. dents at crossings was 2.3 times higher than resent the United States at the Sum- the national average; I ask to have printed in the RECORD mit. 3. The DM&E had the second-highest rate the team’s roster as reported by The The Junior 8 Youth Forum will pro- of employee casualties among regional Maui News. vide the participants from all over the freight railroads in 2004 and 2005; The material follows. 4. During the past 10 years, DM&E had 107 world a platform from which they can accidents involving trains carrying haz- express their opinions on issues such as Niki Fernandez, Jayme-Lynn Kashiwamura, Cory Manibog, Shawna Mat- ardous materials, including a record 16 in infectious diseases, violence, corrup- 2005; and sunaga, Keoni Mawae, Gillian Platt, Tiare tion, education, energy, and security. Pimental, Sherise Shimabuku, Zeyuna 5. Since 2003, when the Federal Railroad The U.S. team and their international Administration (FRA) loaned DM&E $233 Tabernero, Jenna Takushi, Kamala Klask million, the DM&E’s main track accident counterparts will meet in order to and Lavancia ‘‘Anela’’ Winn rate has soared to eight times the national draft a communique which eight of Head Coach JoAnn Yap and Assistant rate—a 75 percent increase over its pre-loan them will present to the G8 leaders. Coach Matt Balangitao∑ rate. These students could not have f The U.S. government has repeatedly iden- achieved this memorable accomplish- tified safety problems at the DM&E. In 2002, ment without tremendous support and TRIBUTE TO KATHY A. RUFFING the DM&E signed an Expedited Consent encouragement from their dedicated ∑ Mr. GREGG. Mr. President, I take a Agreement with the Environmental Protec- teachers and parents. moment to recognize someone who has tion Agency (EPA) agreeing to pay a civil penalty and correct violations of federal reg- I would also recognize team members provided invaluable assistance to the ulations. In 2005, the Occupational Safety & Shaunt Attarian, Rigo Benitez, Edgar Budget Committee for many years. Health Administration (OSHA) cited and Hernandez, Sergio Maciel, Viannca After 25 years of service at the Con- fined the DM&E for serious safety violations. Montesino, Elaine Panlaqui, Diana gressional Budget Office, or CBO, as we The FRA placed the DM&E under a Safety Perez, and Kelly Velasquez for their call it, Kathy A. Ruffing will be retir- Compliance Agreement in October 2005. poise and determination in working to- ing at the end of this month. The DM&E has claimed that its abysmal wards receiving this honor. During her tenure at CBO, Ms. safety record is the result of old track, but All eight team members have spent Ruffing earned a well-deserved reputa- the FRA has rejected that excuse—most re- cently in its October 2005 Safety Compliance time and energy for over 6 months pre- tion for tirelessly producing high-qual- Agreement. During the past six years track paring to represent the United States ity analyses on a wide range of topics defects caused only about one-half of the with respect and intelligence at this including interest costs and the Fed- DM&E’s train accidents and track defects prestigious event. The Glendale High eral debt, Federal pay, immigration,

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.078 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8044 CONGRESSIONAL RECORD — SENATE July 20, 2006 and Social Security. In particular, MEASURES READ THE FIRST TIME areas struck by Hurricane Katrina beginning Members and their staffs came to de- on August 29, 2005, and continuing, has ex- The following bill was read the first ceeded $5,000,000; to the Committee on Bank- pend on Kathy’s thorough knowledge of time: the Social Security Program as they ing, Housing, and Urban Affairs. S. 3711. A bill to enhance the energy inde- EC–7593. A communication from the Coun- developed proposals for addressing the pendence and security of the United States sel for Legislation and Regulations, Office of program’s financial status and benefit by providing for exploration, development, Housing, Department of Housing and Urban structure. She also made major con- and production activities for mineral re- Development, transmitting, pursuant to law, tributions to CBO’s reports on the eco- sources in the Gulf of Mexico, and for other the report of a rule entitled ‘‘Debenture In- nomic and budget outlook and the re- purposes. terest Payment Charges’’ ((RIN2502– estimates of the President’s budget. f AI41)(FR–4945–F–01)) received on July 17, Her analyses always displayed those 2006; to the Committee on Banking, Housing, EXECUTIVE AND OTHER and Urban Affairs. characteristics of CBO’s reports that COMMUNICATIONS EC–7594. A communication from the Sec- we in the Congress most value—impar- retary of Energy, transmitting, pursuant to tiality, clarity, and comprehensive- The following communications were law, a report entitled ‘‘Agreement on the Es- ness. In fact, Kathy was a principal ar- laid before the Senate, together with tablishment of the ITER International Fu- chitect of the formats of many tables accompanying papers, reports, and doc- sion Energy Organization for the Joint Im- on which the Budget Committee has uments, and were referred as indicated: plementation of the ITER Project’’; to the come to rely so heavily. EC–7585. A communication from the Under Committee on Energy and Natural Re- The Congress will feel the loss of a Secretary of Defense (Acquisition, Tech- sources. dedicated public servant who selflessly nology and Logistics), transmitting, pursu- EC–7595. A communication from the Direc- ant to law, a report relative to the date on tor, Minerals Management Service, Depart- worked extraordinary hours in helping ment of the Interior, transmitting, pursuant us advance the legislative process. We which a report on the budgeting of the De- partment of Defense for the sustainment of to law, the report of a rule entitled ‘‘Oil and will miss Kathy’s expertise and coun- key military equipment will be submitted; Gas and Sulphur Operations and Leasing in sel. to the Committee on Armed Services. the Outer Continental Shelf (OCS)—Recov- I know that I speak for all of the EC–7586. A communication from the Assist- ery of Costs Related to the Regulation of Oil Members who have served on the Budg- ant Director, Executive and Political Per- and Gas Activities on the OCS’’ (RIN1010– et Committees of the House and Senate sonnel, Department of Defense, transmit- AD23) received on July 18, 2006; to the Com- during the past 25 years and all of our ting, pursuant to law, (3) reports relative to mittee on Energy and Natural Resources. EC–7596. A communication from the Assist- staff when I express our gratitude to vacancy announcements within the Depart- ment, received on July 17, 2006; to the Com- ant Legal Adviser for Treaty Affairs, Depart- Kathy for all of her contributions to ment of State, transmitting, pursuant to the ∑ mittee on Armed Services. the legislative process. EC–7587. A communication from the Ad- Case-Zablocki Act, 1 U.S.C. 112b, as amended, ministrator, Agricultural Marketing Serv- the report of the texts and background state- f ice, Department of Agriculture, transmit- ments of international agreements, other ting, pursuant to law, the report of a rule en- than treaties (List 06–155–06–169); to the Com- MESSAGES FROM THE HOUSE titled ‘‘Marketing Order Regulating the Han- mittee on Foreign Relations. At 9:48 a.m., a message from the dling of Spearmint Oil Produced in the Far EC–7597. A communication from the De- West; Revision of the Salable Quantity and partment of State, transmitting, pursuant to House of Representatives, delivered by law, a report relative to the Development Ms. Niland, one of its reading clerks, Allotment Percentage for Class 3 (Native) Spearmint Oil for the 2006–2007 Marketing Assistance and Child Survival and Health announced that the House having pro- Year’’ (Docket No. FV06–985–2 IFR) received Programs Fund; to the Committee on For- ceeded to reconsider the bill (H.R. 810) on July 13, 2006; to the Committee on Agri- eign Relations. to amend the Public Health Service culture, Nutrition, and Forestry. EC–7598. A communication from the Assist- Act to provide for human embryonic EC–7588. A communication from the Prin- ant Secretary, Legislative Affairs, Depart- stem cell research, returned by the cipal Deputy Associate Administrator, Office ment of State, transmitting, pursuant to President of the United States with his of Policy, Economics, and Innovation, Envi- law, a report relative to Section 589 of the ronmental Protection Agency, transmitting, Foreign Operations, Export Financing, and objections, to the House of Representa- Related Programs Act, 2006 (‘‘the Act’’) in tives, in which it originated, it was re- pursuant to law, the report of a rule entitled ‘‘Bacillus Thuringiensis Cry1A.105 Protein regards to permitting the continued use of solved, that the said bill do not pass, and the Genetic Material Necessary for Its funds appropriated by the Act for assistance two-thirds of the House of Representa- Production in Corn in or on All Corn Com- to the Government of the Russian Federa- tives not agreeing to pass the same. modities; Temporary Exemption From the tion; to the Committee on Foreign Rela- Requirement of a Tolerance’’ (FRL No. 8076– tions. f 5) received on June 13, 2006; to the Com- EC–7599. A communication from the Assist- mittee on Agriculture, Nutrition, and For- ant Secretary, Legislative Affairs, Depart- ENROLLED BILL SIGNED estry. ment of State, transmitting, pursuant to law, the semi-annual report on the continued The President pro tempore (Mr. STE- EC–7589. A communication from the Presi- dent and Chief Executive Officer, Federal compliance of Azerbaijan, Kazakhstan, VENS) reported that he had signed the Home Loan Bank of Topeka, transmitting, Moldova, the Russian Federation, following enrolled bill, which was pre- pursuant to law, the Bank’s 2005 Statement Tajikistan, and Uzbekistan with the 1974 viously signed by the Speaker of the on System of Internal Controls, audited fi- Trade Act’s freedom of emigration provi- House: nancial statements, and Report of Inde- sions, as required under the Jackson-Vanik H.R. 5117. An act to exempt persons with pendent Auditors on Internal Control over Amendment; to the Committee on Finance. disabilities from the prohibition against pro- Financial Reporting; to the Committee on EC–7600. A communication from the Assist- viding section 8 rental assistance to college Banking, Housing, and Urban Affairs. ant Administrator, Bureau for Legislative students. EC–7590. A communication from the Chair- and Public Affairs, U.S. Agency for Inter- man of the Board of Governors of the Federal national Development, transmitting, pursu- At 12:23 p.m., a message from the Reserve System, transmitting, pursuant to ant to law, a report relative to a program to House of Representatives, delivered by law, the Board’s 92nd Annual Report, which be initiated in Nepal by the U.S. Agency for covers the Board’s operations for calendar International Development’s Office of Tran- Ms. Niland, one of its reading clerks, sition Initiatives (OTI); to the Committee on announced that the House has passed year 2005; to the Committee on Banking, Housing, and Urban Affairs. Foreign Relations. the following bills, in which it requests EC–7591. A communication from the Chair- f the concurrence of the Senate: man of the Board of Governors of the Federal H.R. 2389. An act to amend title 28, United Reserve System, transmitting, pursuant to PETITIONS AND MEMORIALS States Code, with respect to the jurisdiction law, the Board’s semiannual Monetary Pol- The following petitions and memo- of Federal courts over certain cases and con- icy Report; to the Committee on Banking, rials were laid before the Senate and troversies involving the Pledge of Alle- Housing, and Urban Affairs. giance. EC–7592. A communication from the Direc- were referred or ordered to lie on the H.R. 5683. An act to preserve the Mt. tor, Federal Emergency Management Agen- table as indicated: Soledad Veterans Memorial in San Diego, cy, Department of Homeland Security, trans- POM–393. A resolution adopted by the California, by providing for the immediate mitting, pursuant to law, a report that fund- House of Representatives of the Legislature acquisition of the memorial by the United ing for the Commonwealth of Massachusetts of the State of Florida relative to urging States. as a result of the influx of evacuees from Congress to support a National Catastrophe

VerDate Aug 31 2005 04:38 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.075 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8045 Insurance Program; to the Committee on (4) Enhancing local and state government’s conditions reported in 2004, only 1,659 miles Banking, Housing, and Urban Affairs. role in establishing and maintaining effec- of Massachusetts’ roads were classified as HOUSE MEMORIALS NO. 541 tive building codes, mitigation education, good to very good compared with 3,748 miles and land use management; promoting state of roads classified as mediocre to poor; and Whereas, during the 2004 and 2005 hurricane emergency management, preparedness, and Whereas, a report by the American Society seasons, the State of Florida was devastated response; and creating state or multistate of Civil Engineers found that 71 percent of by eight hurricanes and four tropical storms, regional catastrophic risk financing mecha- Massachusetts’ major roads are in poor or causing approximately $35 billion in esti- nisms such as the Florida Hurricane Catas- mediocre condition and driving on roads in mated gross probable insurance losses, and need of repair costs Massachusetts’ motor- Whereas, the hurricanes from the 2004 and trophe Fund. ( 5) Creating a national catastrophe financ- ists $2,300,000,000, or $501 per motorist, annu- 2005 hurricane seasons have produced high ing mechanism that would provide a quan- ally in extra vehicle repairs and operating winds, coastal storm surges, torrential tifiable level of risk management and financ- costs; and rainfalls, and flooding resulting in signifi- ing for mega-catastrophes; maximizing the Whereas, this same report found that 51 cant damage to Florida and the Gulf Coast risk-bearing capacity of the private markets; percent of Massachusetts’ bridges are struc- states, which has resulted in displacement of and allowing for aggregate risk pooling of turally deficient or functionally obsolete; policyholders from their dwellings, loss of natural disasters funded through sound risk- and personal belongings and contents, closing of based premiums paid in correct proportion Whereas, oil companies have reported businesses and financial institutions, and by all policyholders in the United States. Be record quarterly profits for the first quarter temporary loss of employment and has cre- it further of 2006: Now therefore be it ated numerous health and safety issues with- Resolved, That copies of this memorial be Resolved, that the Massachusetts Senate in our local communities, and dispatched to the President of the United memorializes the Congress and the President Whereas, in 1992, Hurricane Andrew re- States, to the President of the United States of the United States to immediately insti- sulted in approximately $20.8 billion in in- Senate, to the Speaker of the United States tute a windfall profits tax on energy compa- sured losses and was previously the costliest House of Representatives, and to each mem- nies which have benefited from the current catastrophe in the United States, but Hurri- ber of the Florida delegation to the United circumstances, the proceeds of which shall cane Katrina alone left the Gulf Coast states States Congress. be distributed to the States for the purpose with an estimated loss of approximately $35 of providing relief to motorists, homeowners billion, and POM–394. A resolution adopted by the Sen- and businesses through policies and pro- Whereas, natural disasters continually ate of the Legislature of the State of Massa- grams that provide direct subsidy to low and threaten communities across the United chusetts relative to memorializing the Con- moderate income consumers and small busi- States with extreme weather conditions that gress of the United States to provide relief nesses, and some of the proceeds may also be pose an immediate danger to the lives, prop- from growing energy costs; to the Com- used for road and bridge work and programs erty, and security of the residents of those mittee on Energy and Natural Resources. which promote the development and use of communities, and RESOLUTION alternative energy and fuels; and be it fur- Whereas, the insurance industry, state offi- Whereas, high fuel prices have a negative ther cials, and consumer groups have been striv- Resolved, that a copy of these resolutions impact on the standard of living of con- ing to develop solutions to insure mega-cata- shall be transmitted forthwith by the Clerk sumers and high fuel prices have a negative strophic risks, because hurricanes, earth- of the Senate to the President of the United impact on the productivity of businesses; quakes, tornadoes, typhoons, floods, States, presiding Members of each House of wildfires, ice storms, and other natural ca- and Whereas, according to the United States the Congress of the United States, and the tastrophes continue to affect policyholders Members thereof from the Commonwealth. across the United States, and Department of Energy, Massachusetts citi- zens pay some of the highest energy prices in Whereas, on November 16 and 17, 2005, in- POM–395. A resolution adopted by the the Nation, behind only Hawaii and Wash- surance commissioners from Florida, Cali- House of Representatives of the Legislature fornia, Illinois, and New York convened a ington, DC; and Whereas, as of May 12, 2006, AAA reports of the State of Louisiana relative to appro- summit to devise a national catastrophe in- the current average price of a gallon of gaso- priating sufficient funds for the recovery of surance plan which would more effectively line in Massachusetts to be $2.93, up from the shrimp industry and voting against the spread insurance risks and help mitigate the $2.186 only a year ago; and repeal of the ‘‘Byrd Amendment’’; to the tremendous financial damage survivors con- Whereas, as of May 2, 2006, the Massachu- Committee on Finance. tend with following such catastrophes: Now, setts Division of Energy Resources reported HOUSE RESOLUTION NO. 117 therefore, be it the average price of a gallon of heating oil in Whereas, Louisiana is the nation’s largest Resolved by the Legislature of the State of Massachusetts to be $2.58, up from $1.91 and producer of wild-caught shrimp and has the Florida, That the Congress of the United $1.49 at this time of the year in 2005 and 2004 nation’s only warm water shrimp cannery; States is urged to support a National Catas- respectively; and and trophe Insurance Program. Policyholders re- Whereas, home heating and electricity ex- Whereas, before Hurricanes Katrina and quire a rational insurance mechanism for re- penditures for Massachusetts residents are Rita, Louisiana generated an estimated one sponding to the economic losses resulting expected to be up by over one third this year hundred twenty million pounds of wild- from catastrophic events. The risk of catas- (October 2005–October 2006), this being an av- caught shrimp and sold approximately nine trophes must be addressed through a public- erage increase of $700 per family or 0.6 per- thousand commercial shrimp gear licenses; private partnership involving individuals, cent of personal income; and and private industry, local and state govern- Whereas, high fuel prices impose an espe- Whereas, Louisiana shrimpers constitute ments, and the Federal Government. A na- cially high burden on low-income families the largest community of shrimpers in the tional catastrophe insurance program is nec- and the United States Department of Energy Atlantic and Gulf of Mexico regions; and essary to promote personal responsibility found that the average American spends 3.5 Whereas, due to Hurricanes Katrina and among policyholders; support strong build- percent of their income on energy bills, but Rita, the shrimp industry suffered dev- ing codes, development plans, and other low-income households average 14 percent of astating economic and infrastructure losses; mitigation tools; maximize the risk-bearing their income; and and capacity of the private markets; and provide Whereas, the President’s 2006 budget in- Whereas, due to the hurricanes, assess- quantifiable risk management through the cluded cuts of some $9.7 million over the ments estimate that for the shrimp industry Federal Government. The program should next 4 years to the low-income home energy the total potential production lost at the re- encompass: assistance program, which benefits many tail level is approximately nine hundred (1) Providing consumers with a private Massachusetts seniors; and nineteen million dollars; and market residential insurance program that Whereas, according to a 2005 National Con- Whereas, the influx of foreign shrimp sold provides all-perils protection. sumer Law Report, as a result of 3 of the at below market prices causes domestic (2) Promoting personal responsibility past 4 years having unprecedented heating prices to drop to levels at which domestic through mitigation; promoting the retro- oil and natural gas prices, Massachusetts’ producers are unable to survive in the indus- fitting of existing housing stock; and pro- residential consumers have higher averages try; and viding individuals with the ability to man- than they have ever faced and community Whereas, the United States House Com- age their own disaster savings accounts that, action agencies are reporting more aggres- mittee on Ways and Means recommended a similar to health savings accounts, accumu- sive collection activities from some utilities repeal of the provision of the Continued late on a tax-advantaged basis for the pur- as well as encountering greater difficulty ne- Dumping and Subsidy Offset Act commonly pose of paying for mitigation enhancements gotiating payment plans for low-income cus- known as the ‘‘Byrd Amendment’’; and and catastrophic losses. tomers; and Whereas, the ‘‘Byrd Amendment’’ required (3) Creating tax-deferred insurance com- Whereas, poor road conditions exacerbate duties to be collected under antidumping and pany catastrophe reserves to benefit policy- the impact of high fuel costs by reducing fuel countervailing duty orders and required pay- holders. These tax-deferred reserves would economy; and ment to eligible domestic producers who ini- build up over time and only be eligible to be Whereas, according to a 2005 United States tiated the petition which resulted in the im- used to pay for future catastrophic losses. Department of Transportation report of road position of the duties; and

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.107 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8046 CONGRESSIONAL RECORD — SENATE July 20, 2006 Whereas, Louisiana was one of the original Resolved, That the Legislature of the state Whereas, 74% of adults reported that they states to initiate a petition against foreign of Utah encourages each state entity to uti- had started using alcohol before the legal shrimp producers; and lize existing state infrastructure, where ap- drinking age of 21; Whereas, taking into consideration the po- propriate, to support EITC outreach and Whereas, the average age of beginning to- tential repeal of the ‘‘Byrd Amendment’’ and statewide availability of the VITA program, bacco users is 11–12 years old; the effects of Hurricanes Katrina and Rita, which may include utilizing Department of Whereas, the average age of first time al- the shrimp industry and the state of Lou- Workforce Services Employment Centers and cohol users is 12 years old; isiana stand to suffer severe financial losses: other appropriate locations as VITA sites, Whereas, 1,000 youth try their first ciga- Therefore, be it staffed by trained VITA volunteers, between rette each day; Resolved, That the House of Representa- January and April, encouraging local school Whereas, motor vehicle crashes are the tives of the Legislature of Louisiana memo- districts to integrate EITC outreach and leading cause of death for 15- 20-year-olds rializes the Congress of the United States to VITA services into their parent involvement and alcohol is involved in more than half of appropriate sufficient funds for the recovery and community school efforts, and utilizing these fatalities; of the shrimp industry. Be it further economic development tools and negotia- Whereas, approximately 52% of surveyed Resolved, That the House of Representa- tions to encourage and support EITC out- youth ages 12 to 17 who were daily cigarette tives of the Legislature of Louisiana memo- reach and employment-based VITA sites smokers and 66% of youth who were heavy rializes the Congress of the United States to where appropriate. Be it further drinkers also used illicit drugs in the month vote against the repeal of the ‘‘Byrd Amend- Resolved, That copies of this resolution be prior to being surveyed; sent to each department of Utah State Gov- ment’’. Be it further Whereas, these harmful substances nega- ernment. Resolved, That a copy of this Resolution tively effect every aspect of a youth’s life as shall be transmitted to the secretary of the POM–397. A concurrent resolution adopted well as the lives of those around them; United States Senate and the clerk of the by the Legislature of the State of Utah rel- Whereas, once youth have started using to- United States House of Representatives and ative to promoting Utah’s Legislators Back bacco, alcohol, or illicit drugs it is very dif- to each member of the Louisiana delegation to School Program; to the Committee on ficult for them to stop; to the United States Congress. Health, Education, Labor, and Pensions. Whereas, these substances cut short the lives and future of many youth by causing HOUSE CONCURRENT RESOLUTION NO. 2 POM–396. A joint resolution adopted by the death and disease; Legislature of the State of Utah relative to Whereas, civic education is a vital tool to Whereas, tremendous strides have been supporting the Working Families Economic promote greater understanding of the legis- made in reducing tobacco, alcohol, and illicit Development Initiative; to the Committee lative process and the role of legislators in drug use among youth; on Finance. representative democracy and to build public Whereas, there is still more that needs to trust and confidence; be done to address this continuing challenge; HOUSE JOINT RESOLUTION NO. 23 Whereas, Utah legislators acknowledge the Whereas, for every dollar spent on preven- Whereas, insufficient income contributes Constitution of the United States, the su- tion programs, America saves seven dollars to many of the social and human service preme law of the land, which establishes a in the cost of public aid, special education, needs in our state; democratic form of government and provides and treatment services; Whereas, the Federal Earned Income Tax the principle for self government, govern- Whereas, youth are a resource and a cata- Credit (EITC) provides tax relief and income ment by the people; lyst for change in the lives of youth and have support to low-income working families; Whereas, Benjamin Rush, a signer of the proven to be a critical first line of defense in Whereas, the EITC lifts millions of individ- Declaration of Independence stated, ‘‘There building resiliency among their peers; uals out of poverty each year in the United is but one method of rendering a republican Whereas, the Weber-Morgan Governing States by supporting work and self-suffi- form of government . . . by disseminating Youth Council and other youth groups are ciency while reducing the need for public as- the seeds of virtue and knowledge through working hard to promote positive lifestyles sistance; every part of the state by means of proper and combat the negative effects of tobacco, Whereas, each year, the EITC helps ap- places and modes of education . . . and this alcohol, and illicit drugs on the lives of proximately 130,000 households in Utah and can be done effectively only by the aid of the youth in Utah; and brings more than $220,000,000 into Utah’s legislature’’; Whereas, the fight against the use of to- economy; Whereas, Utah legislators, students, teach- bacco, alcohol, and illicit drugs must con- Whereas, increasing Utah’s utilization of ers, and administrators realize the impor- tinue, and become even more successful, if the EITC to the national average would help tance of compromise in reconciling com- youth are to be spared the self-destructive approximately 40,000 eligible households and peting interests in a diverse society; Whereas, the National Conference of State effects of these harmful substances: Now, bring an additional $80,000,000 into Utah’s Legislatures (NCSL) established America’s therefore, be it economy; Legislators Back to School Program, a bi- Resolved, That the Legislature of the state Whereas, an increase of $80,000,000 each partisan program for legislators across the of Utah, the Governor concurring therein, year in EITC benefits would generate over nation to impart greater understanding of strongly urge educators in Utah’s public edu- $300,000,000 per year in state and local eco- the necessity for debate, negotiation, and cation system to utilize Prevention Dimen- nomic activity; compromise in the legislative process of de- sions, the state Safe and Drug Free School Whereas, 211 INFO BANK, a community veloping effective public policy, and to en- curriculum to educate the state’s youth con- services and referral system, provides callers gage future voters and leaders in a dialogue cerning substance abuse. Be it further with tax credit help, including eligibility about the value of representative democracy Resolved, That the Legislature and the rules, and directs workers to nearby VITA and to adapt to each individual state; Governor strongly urge the citizens of Utah sites for needed tax forms and assistance; Whereas, this civic education program to increase awareness of the destructive ef- and helps to instill the values of representative fects of tobacco, alcohol, and illicit drugs on Whereas, increasing EITC utilization rep- democracy, strengthen the democratic proc- Utah’s youth. Be it further resents a highly cost-effective economic de- ess, and encourage students to play a respon- Resolved, That the Legislature and the velopment strategy: Now, therefore, be it sible role in their government; and Governor recognize local youth councils and Resolved, That the Legislature of the State Whereas, Utah legislators have ranked in other youth groups for their invaluable ef- of Utah encourages departments of Utah the top 3% of the nation for participation in forts in helping to keep their peers from get- State Government to identify and utilize ex- this program since 2002: Now, therefore, be it ting caught in the trap of tobacco, alcohol, isting and potential public/private partner- Resolved, That the Legislature and the and illicit drug use, and helping those caught ships to inform citizens about the avail- Governor recognize Utah’s Legislators Back in the grip of these harmful substances. Be it ability of the Federal Earned Income Tax to School Program and urge each member of further Credit and Volunteer Income Tax Assistance the Legislature to visit students in class- Resolved, That a copy of this resolution be programs. Be it further rooms during the school year; and be it fur- sent to each of the state’s school districts. Resolved, That the Legislature of the state ther of Utah encourages each state entity to work Resolved, That a copy of this resolution be POM–399. A resolution adopted by the Sen- in partnership with private outreach cam- sent to the State Board of Education and the ate of the Legislature of the Commonwealth paigns to identify and utilize existing com- executive director of the National Con- of Massachusetts relative to apologizing to munications mechanisms to inform Utahns ference of State Legislatures. all Native American peoples on behalf of the about the availability of the EITC and VITA United States; to the Committee on Indian programs, which may include state publica- POM–398. A concurrent resolution adopted Affairs. tions, websites, human resource materials by the Legislature of the State of Utah rel- and communications, correspondence and ative to the harmful effects of tobacco, alco- SENATE JOINT RESOLUTION NO. 15 forms from the State Tax Commission, tar- hol, and drugs on youth; to the Committee Whereas, throughout history, the Com- geted printed materials, caseworker and cli- on Health, Education, Labor, and Pensions. monwealth of Massachusetts has been in- ent interactions, and application materials HOUSE CONCURRENT RESOLUTION NO. 3 strumental in the struggle to establish de- for state assistance and state licenses. Be it Whereas, 90% of tobacco users start before mocracy and secure the rights and liberties further they reach the legal age of 19; of Americans; and

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.110 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8047 Whereas, the declaration of rights of the and language minority voting rights. The act Resolved, by the Senate and House of Rep- Commonwealth of Massachusetts was the was amended in 1975 to facilitate equal polit- resentatives in General Court convened, That first enumeration of civil rights and liberties ical opportunity for language minority citi- the general court or New Hampshire encour- by Americans, which served as a model for zens and in 1982 to protect the rights of vot- ages the Congress to propose an amendment the United States Constitution and Bill of ers with disabilities; and to the Constitution of the United States Rights; and Whereas, despite noteworthy progress from stating that real property can only be taken Whereas, the Commonwealth of Massachu- 40 years of enforcement of the act, voter in- by eminent domain for public use such as the setts has a rich native American history equities, disparities and obstacles still re- construction of forts, government buildings, with indigenous tribes such as Massachuset main for many minority voters; and and roadways; and be it further from Suffolk county, the Nipmuc from cen- Whereas, Section 5 of the act is scheduled Resolved, That copies of this resolution be tral Massachusetts, the Stockbridge from to expire in 2007. This section contains a spe- sent by the House clerk to the President of Berkshire county and the Wampanoag from cial enforcement provision targeted at those the United States, the Vice President of the Cape Cod and the islands; and areas of the country where congress believes United States, the Speaker of the United Whereas, the Commonwealth of Massachu- the potential for discrimination to be high States House of Representatives, and the setts acknowledges the long history of offi- and prohibits any change affecting voters New Hampshire congressional delegation. cial depredations and ill-conceived policies until the attorney general has determined by the United States government regarding that the change will not worsen the ability POM–402. A concurrent resolution adopted native American tribes and believes that the of minority voters to vote. Sections 4(f) and by the Senate of the Legislature of the State Congress of the United States should offer an 203 will also expire in 2007. These sections re- of Louisiana memorializing the Congress of apology to all native peoples on behalf of the quire bilingual voting assistance for lan- the United States to adopt an amendment to United States; and guage minority communities in certain ju- the Constitution of the United States to de- Whereas, the ancestors of today’s native risdictions. The language minority provi- fine marriage in the United States as the peoples have inhabited the land of the sions apply to four language minority union between one man and one woman; to present day United States since time imme- groups: American Indians, Asian Americans, the Committee on the Judiciary. morial and for thousands of years before the Alaskan natives and persons of Spanish her- Whereas, President Bush recently re- arrival of peoples of European origin; and itage; and marked, After more than two centuries of Whereas, The Voting Rights Act is a crit- Whereas, the native peoples have for mil- American jurisprudence, and millennia of ical link in the struggle to enfranchise the lennia honored, protected and stewarded this human experience, a few judges and local au- politically marginalized. Without reauthor- land that we cherish; and thorities are presuming to change the most ization of these special provisions of the act, Whereas, the United States government fundamental institution of civilization’’; and has violated many of the treaties ratified by America risks a resurgence of voter discrimi- Whereas, the efforts of nineteen states to Congress and other diplomatic agreements nation: Now, therefore, be it protect traditional marriage by way of a Resolved, By the House of Representatives of with native American tribes; and constitutional amendment defining marriage the State of Kansas, the Senate concurring Whereas, despite continuing maltreatment as the union between one man and one therein, That the Kansas legislature memori- of native peoples by the United States, the woman are a clear sign to the rest of the alizes the Congress of the United States to native peoples have remained committed to country and to the United States Congress extend these critical provisions of the Voting the protection of this great land, as evi- that the citizens of these states are in sup- Rights Act of 1965; and be it further denced by the fact that, on a per capita Resolved, That the Secretary of State pro- port of the traditional definition of mar- basis, more native people have served in the vide an enrolled copy of this resolution to riage; and United States Armed Forces and placed the President of the United States Senate, Whereas, an amendment to the Constitu- themselves in harm’s way in defense of the the Speaker of the United States House of tion of the United States is the most demo- United States in every major military con- Representatives and each member of the cratic manner by which to curb the power of flict than any other ethnic group; and Kansas legislative delegation. judges whose agenda affronts the beliefs of Whereas, native peoples are endowed by the Founding Fathers of this nation and the their creator with certain unalienable rights, POM–401. A joint resolution adopted by the will of the American people; and and that among those are life, liberty, and House of Representatives of the Legislature Whereas, the United States Senate is the pursuit of happiness; Now, therefore, be of the State of New Hampshire relative to scheduled to vote on the Marriage Protec- it proposing an amendment to the Constitution tion Amendment to the Constitution of the Resolved, That the Massachusetts Senate concerning eminent domain; to the Com- United States during the week of June 5, hereby urges the Senate and House of Rep- mittee on the Judiciary. 2006; and resentatives of the United States to pass, Whereas, the Marriage Protection Amend- HOUSE JOINT RESOLUTION NO. 25 pending Senate Joint Resolution 15, apolo- ment defines marriage in the United States gizing to all native American peoples on be- Whereas, the phrase ‘‘life, liberty and the as the union between one man and one half of the United States of America; and be pursuit of property’’ in the Declaration of woman; Now, therefore, be it it further Independence was changed to ‘‘Life, Liberty, Resolved, That the Legislature of Louisiana Resolved, That a copy of these resolutions and the Pursuit of Happiness’’ in order to en- memorializes the Congress of the United be forwarded by the clerk of the Senate to compass more fully the natural rights doc- States to approve an amendment to the Con- the clerks of the Senate and House of Rep- trine; and stitution of the United States that would de- Whereas, President Thomas Jefferson, resentatives of the United States. fine marriage as the union between one man drafter of The Declaration of ‘‘ Independence and one woman; and be it further wrote, ‘‘We owe every . . . sacrifice to our- POM–400. A concurrent resolution adopted Resolved, That the Legislature of Louisiana selves, to our federal brethren, and to the by the Legislature of the State of Kansas rel- proposes that the legislatures of each of the world at large to pursue with temper and ative to extending certain provisions of the several states comprising the United States perseverance the great experiment which Voting Rights Act of 1965; to the Committee apply to the United States Congress request- shall prove that man is capable of living in on the Judiciary. ing the enactment of an appropriate proposal a society, governing itself by laws self-im- to amend the Constitution of the United HOUSE CONCURRENT RESOLUTION NO. 5037 posed, and securing to its members the en- States; and be it further Whereas, on March 7, 1965, a group of civil joyment of life, liberty, property, and peace; Resolved, That a copy of this Resolution rights marchers gathered at the Edmund and further to show, that even when the gov- shall be transmitted to the President of the Pettus bridge in Selma, Alabama, and their ernment of its choice shall manifest a tend- United States, the secretary of the United efforts to advance equal voting rights ency to degeneracy, we are not at once to de- States Senate, and the clerk of the United brought a brutal and bloody response. Eight spair but that the will and watchfulness of States House of Representatives, each mem- days later President Johnson called for a its sounder parts will reform its aberrations, ber of the Louisiana delegation to the United comprehensive and effective voting rights recall it to its original and legitimate prin- States Congress, and the presiding officer of bill to guarantee to our citizens the rights ciples, and restrain it within the rightful each house of each state legislature in the contained in the 14th and 15th amendments limits of self-government’’; and United States. to the United States constitution. A bipar- Whereas, President James Madison, drafter tisan congress approved landmark legisla- of the Constitution of the United States of POM–403. A joint resolution adopted by the tion, and on August 6, 1965, President John- America, and of the First Ten Amendments Legislature of the State of Maine relative to son signed the Voting Rights Act into law; of the Constitution of the United States of establishing satellite voting for displaced and America stated: ‘‘Government is instituted victims of Hurricane Katrina; to the Com- Whereas, considered one of the most suc- to protect property of every sort. . . . This mittee on the Judiciary. cessful pieces of civil rights legislation ever being the end of government . . . that is not adopted, the act bans literacy tests and poll a just government, nor is property secure JOINT RESOLUTION taxes, outlaws intimidation during the elec- under it, where the property which a man Whereas, 9 months ago Hurricane Katrina toral process, authorizes federal election has . . . is violated by arbitrary seizures of unleashed its fury on New Orleans and the monitors and observers and creates various one class of citizens for the service of the Gulf Coast and was one of the cruelest disas- means for protecting and enforcing racial rest’’; Now, therefore, be it ters in history; and

VerDate Aug 31 2005 06:04 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.128 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8048 CONGRESSIONAL RECORD — SENATE July 20, 2006 Whereas, Hurricane Katrina dispersed and H.R. 5385. A bill making appropriations for Navy nomination of Rear Adm. William D. displaced people to over 40 states across the the military quality of life functions of the Sullivan to be Vice Admiral. country; and Department of Defense, military construc- Navy nomination of Rear Adm. William D. Whereas, many people are still living in tion, the Department of Veterans Affairs, Crowder to be Vice Admiral. states other than their home states, which and related agencies for the fiscal year end- Navy nomination of Vice Adm. Albert M. will prevent them from being able to partici- ing September 30, 2007, and for other pur- Calland III to be ViceAdmiral. pate in elections in their home states; and poses (Rept. No. 109–286). Navy nomination of Rear Adm. David J. Whereas, it is imperative to protect the By Mr. SPECTER, from the Committee on Venlet to be Vice Admiral. voting rights of these citizens; Now, there- Appropriations, without amendment: Navy nomination of Vice Adm. Jonathan fore, be it S. 3708. An original bill making appropria- W. Greenert to be Vice Admiral. Resolved, That We, your Memorialists, re- tions for the Departments of Labor, Health Mr. WARNER. Mr. President, for the spectfully urge and request that the Presi- and Human Services, and Education, and re- Committee on Armed Services I report dent, the Congress of the United States and lated agencies for the fiscal year ending Sep- favorably the following nomination the United States Department of Justice es- tember 30, 2007, and for other purposes (Rept. lists which were printed in the RECORDs tablish satellite voting places in cities and No. 109–287). on the dates indicated, and ask unani- states where Hurricane Katrina survivors By Mr. LUGAR, from the Committee on now reside; and be it further Foreign Relations, without amendment: mous consent, to save the expense of Resolved, That suitable copies of this reso- S. 3709. An original bill to exempt from reprinting on the Executive Calendar lution, duly authenticated by the Secretary certain requirements of the Atomic Energy that these nominations lie at the Sec- of State, be transmitted to the Honorable Act of 1954 United States exports of nuclear retary’s desk for the information of George W. Bush, President of the United materials, equipment, and technology to Senators. States, the President of the Senate of the India, and to implement the United States The PRESIDING OFFICER. Without United States, the Speaker of the House of Additional Protocol (Rept. No. 109–288). objection, it is so ordered. Representatives of the United States, the f Air Force nomination of Julio Ocampo to United States Department of Justice and be Major. each member of the Maine Congressional EXECUTIVE REPORTS OF Air Force nomination of John L. Putnam Delegation. COMMITTEES to be Colonel. The following executive reports of Air Force nominations beginning with POM–404. A resolution adopted by the City nominations were submitted: John D. Adams and ending with Diane Huey, of Pembroke Pines, Florida relative to sup- which nominations were received by the Sen- By Mr. WARNER for the Committee on porting no less than $4.3 billion in Congres- ate and appeared in the Congressional Armed Services. sional funding for fiscal year 2007 for the Record on July 12, 2006. Sue C. Payton, of Virginia, to be an Assist- Community Development Block Grant Pro- Air Force nominations beginning with ant Secretary of the Air Force. gram (CDBG); to the Committee on Banking, John D. Adams and ending with Karl Charles E. McQueary, of North Carolina, to Housing, and Urban Affairs. Woodmansey, which nominations were re- be Director of Operational Test and Evalua- POM–405. A resolution adopted by the ceived by the Senate and appeared in the tion, Department of Defense. Miami-Dade County Board of County Com- Congressional Record on July 12, 2006. Air Force nominations beginning with missioners, Miami-Dade County, Florida rel- Air Force nominations beginning with Colonel Gregory A. Biscone and ending with ative to creating the Community Workforce Mark D. Campbell and ending with Gary J. Colonel Tod D. Wolters, which nominations Housing Innovation Program; to the Com- Ziccardi, which nominations were received were received by the Senate and appeared in mittee on Banking, Housing, and Urban Af- by the Senate and appeared in the Congres- the Congressional Record on June 14, 2006. fairs. sional Record on July 12, 2006. POM–406. A resolution adopted by Army nomination of Maj. Gen. N. Ross Air Force nominations beginning with Mi- Mendham Borough Council, Morris County, Thompson III to be Lieutenant General. chael J. Apol and ending with Dawn M.K. New Jersey, relative to opposing the New Army nomination of Maj. Gen. Thomas R. Zoldi, which nominations were received by York/New Jersey/Philadelphia Metropolitan Turner II to be Lieutenant General. the Senate and appeared in the Congres- Army nomination of Maj. Gen. Douglas E. Airspace Redesign proposals; to the Com- sional Record on July 12, 2006. mittee on Commerce, Science, and Transpor- Lute to be Lieutenant General. Army nominations beginning with David tation. Army nomination of Brig. Gen. Charles H. W. Acuff and ending with Michael E. POM–407. A resolution adopted by the Davidson IV to be Major General. Yarman, which nominations were received Miami-Dade County Board of County Com- Army nominations beginning with Briga- by the Senate and appeared in the Congres- missioners, Miami-Dade County, Florida rel- dier General Steven R. Abt and ending with sional Record on May 23, 2006. ative to waste tire fees; to the Committee on Colonel Jonathan Woodson, which nomina- Army nomination of Barry L. Williams to Environment and Public Works. tions were received by the Senate and ap- be Colonel. POM–408. A resolution adopted by the peared in the Congressional Record on June Army nominations beginning with Gerald Town Board of the Town of Blooming Grove, 29, 2006. P. Coleman and ending with David E. Root, Orange County, New York, relative to the Army nomination of Lt. Gen. Stanley A. which nominations were received by the Sen- Chinese Communist Party’s persecution of McChrystal to be Lieutenant General. ate and appeared in the Congressional Falun Gong; to the Committee on Foreign Army nomination of Brig. Gen. Jimmy G. Record on June 26, 2006. Relations. Welch to be Major General. Army nominations beginning with Robert POM–409. A resolution passed by the City Marine Corps nomination of Maj. Gen. T. Davies and ending with Curtis E. Wells, of San Jose Human Rights Commission, San Richard F. Natonski to be Lieutenant Gen- which nominations were received by the Sen- Jose, California, relative to urging Congress eral. ate and appeared in the Congressional to approve humane immigration reform; to Marine Corps nomination of Maj. Gen. Record on June 26, 2006. the Committee on the Judiciary. Keith J. Stalder to be Lieutenant General. Army nominations beginning with POM–410. A resolution adopted by the City Marine Corps nomination of Lt. Gen. Michelle A. Cooper and ending with David W. Commission of the City of Lauderdale Lakes James F. Amos to be Lieutenant General. Towle, which nominations were received by of the State of Florida relative to congratu- Marine Corps nomination of Lt. Gen. John the Senate and appeared in the Congres- lating the City of Sunrise for joining the F. Sattler to be Lieutenant General. sional Record on June 26, 2006. City of Lauderdale Lakes in recommending Marine Corps nomination of Col. Charles Army nominations beginning with Rickie that Congress support the Voting Rights Act M. Gurganus to be Brigadier General. A. Mcpeake and ending with Eugene J. of 1965; to the Committee on the Judiciary. Navy nomination of Rear Adm. (lh) David Palka, which nominations were received by POM–411. A resolution adopted by the Cali- J. Dorsett to be Rear Admiral. the Senate and appeared in the Congres- fornia Veterans Board, State of California Navy nominations beginning with Rear sional Record on June 26, 2006. relative to opposing certain provisions of Adm. (lh) Richard E. Cellon and ending with Army nomination of Paul A. Carter to be H.R. 4297, the ‘‘Tax Relief Extension Rec- Rear Adm. (lh) Wayne G. Shear, Jr., which Major. onciliation Act of 2005’’; to the Committee nominations were received by the Senate and Army nomination of Maritza S. Ryan to be on Veterans’ Affairs. appeared in the Congressional Record on Colonel. February 6, 2006. Army nominations beginning with f Navy nomination of Rear Adm. (lh) Mi- Armando Aguilera, Jr. and ending with Mi- REPORTS OF COMMITTEES chael C. Bachmann to be Rear Admiral. chael S. Wall, which nominations were re- Navy nominations beginning with Capt. ceived by the Senate and appeared in the The following reports of committees Mark A. Handley and ending with Capt. Congressional Record on June 29, 2006. were submitted: Christopher J. Mossey, which nominations Army nominations beginning with Brian E. By Mrs. HUTCHISON, from the Committee were received by the Senate and appeared in Abell and ending with Cutter M. Zamboni, on Appropriations, with an amendment in the Congressional Record on April 24, 2006. which nominations were received by the Sen- the nature of a substitute and an amendment Navy nomination of Capt. Thomas P. Meek ate and appeared in the Congressional to the title: to be Rear Admiral (lower half). Record on June 29, 2006.

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.132 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8049 Army nominations beginning with Robin strophic health expenses for individuals who SUBMISSION OF CONCURRENT AND M. Adams and ending with Edward E. have exceeded health insurance coverage for SENATE RESOLUTIONS Yackel, which nominations were received by uninsured individuals, and for other pur- the Senate and appeared in the Congres- poses; to the Committee on Finance. The following concurrent resolutions sional Record on July 12, 2006. By Mrs. FEINSTEIN (for herself and and Senate resolutions were read, and Army nominations beginning with Richard Ms. SNOWE): referred (or acted upon), as indicated: E. Baxter and ending with Barry D. S. 3702. A bill to provide for the safety of By Mr. GRAHAM (for himself and Mr. Whiteside, which nominations were received migrant seasonal agricultural workers; to DEMINT): by the Senate and appeared in the Congres- the Committee on Health, Education, Labor, S. Res. 536. A resolution commending the sional Record on July 12, 2006. and Pensions. 25th year of service in the Federal judiciary Army nominations beginning with Chris- By Ms. SNOWE (for herself and Mr. by William W. Wilkins, Chief Judge of the topher G. Archer and ending with Paul H. WYDEN): United States Court of Appeals for the Yoon, which nominations were received by S. 3703. A bill to provide for a temporary Fourth Circuit; to the Committee on the Ju- the Senate and appeared in the Congres- process for individuals entering the Medicare diciary. sional Record on July 12, 2006. coverage gap to switch to a plan that pro- By Mr. BIDEN (for himself and Mr. Army nominations beginning with Wade K. vides coverage in the gap; to the Committee SPECTER): Aldous and ending with Esmeraldo Zarzabal, on Finance. S. Res. 537. A resolution supporting the Na- Jr., which nominations were received by the By Mr. MENENDEZ (for himself and tional Sexual Assault Hotline and com- Senate and appeared in the Congressional Mr. LAUTENBERG): mending the Hotline for counseling and sup- Record on July 12, 2006. S. 3704. A bill to amend title XIX of the So- porting more than 1,000,000 callers; to the Army nominations beginning with John C. cial Security Act to require staff working Committee on the Judiciary. Beach and ending with Lloyd T. Phinney, with developmentally disabled individuals to By Mr. HAGEL (for himself, Mr. which nominations were received by the Sen- call emergency services in the event of a life- LUGAR, Mr. OBAMA, Ms. MURKOWSKI, ate and appeared in the Congressional threatening situation; to the Committee on and Mr. GREGG): Record on July 12, 2006. S. Con. Res. 111. A concurrent resolution Finance. Navy nominations beginning with Cal Abel expressing the sense of the Senate that the By Mr. KENNEDY (for himself, Mr. and ending with Thomas J. Zerr, which United States should expand trade opportu- nominations were received by the Senate and HARKIN, Mr. JEFFORDS, Mr. BINGA- nities with Mongolia and initiate negotia- appeared in the Congressional Record on MAN, Mrs. CLINTON, Mrs. MURRAY, Mr. tions to enter into a free trade agreement June 26, 2006. REED, Mr. DODD, Ms. MIKULSKI, Mr. with Mongolia; to the Committee on Fi- Navy nomination of David E. Bauer to be DAYTON, Ms. STABENOW, and Mr. nance. Lieutenant Commander. SCHUMER): By Mr. REID: Navy nomination of Cathy L. Trudeau to S. 3705. A bill to amend title XIX of the So- S. Con. Res. 112. A concurrent resolution be Captain. cial Security Act to improve requirements relating to correcting a clerical error in the Navy nominations beginning with Walter under the Medicaid program for items and enrollment of S. 3693; considered and agreed J. Lawrence and ending with Ronald L. services furnished in or through an edu- to. cational program or setting to children, in- Ruggiero, which nominations were received f by the Senate and appeared in the Congres- cluding children with developmental, phys- sional Record on July 12, 2006. ical, or mental health needs, and for other ADDITIONAL COSPONSORS purposes; to the Committee on Finance. (Nominations without an asterisk S. 403 By Mr. MARTINEZ (for himself, Mrs. were reported with the recommenda- At the request of Mr. ENSIGN, the FEINSTEIN, Mr. NELSON of Florida, tion that they be confirmed.) Mrs. HUTCHISON, Mr. SESSIONS, Mr. names of the Senator from New Mexico f BINGAMAN, and Mr. CORNYN): (Mr. DOMENICI) and the Senator from Idaho (Mr. CRAIG) were added as co- INTRODUCTION OF BILLS AND S. 3706. A bill to amend the Internal Rev- enue Code of 1986 to treat spaceports like air- sponsors of S. 403, a bill to amend title JOINT RESOLUTIONS ports under the exempt facility bond rules; 18, United States Code, to prohibit tak- The following bills and joint resolu- to the Committee on Finance. ing minors across State lines in cir- tions were introduced, read the first By Mr. LOTT: cumvention of laws requiring the in- and second times by unanimous con- S. 3707. A bill to improve consumer access volvement of parents in abortion deci- sent, and referred as indicated: to passenger vehicle loss data held by insur- sions. ers; to the Committee on Commerce, S. 781 By Mr. BROWNBACK (for himself and Science, and Transportation. Mr. DEMINT): By Mr. SPECTER: At the request of Mr. CRAPO, the S. 3696. A bill to amend the Revised Stat- S. 3708. An original bill making appropria- name of the Senator from Wyoming utes of the United States to prevent the use tions for the Departments of Labor, Health (Mr. THOMAS) was added as a cosponsor of the legal system in a manner that extorts and Human Services, and Education, and re- of S. 781, a bill to preserve the use and money from State and local governments, lated agencies for the fiscal year ending Sep- and the Federal Government, and inhibits access of pack and saddle stock ani- tember 30, 2007, and for other purposes; from such governments’ constitutional actions mals on land administered by the Na- the Committee on Appropriations; placed on under the first, tenth, and fourteenth amend- tional Park Service, the Bureau of the calendar. ments; to the Committee on the Judiciary. Land Management, the United States By Mr. LUGAR: By Mr. INHOFE: Fish and Wildlife Service, or the Forest S. 3709. An original bill to exempt from S. 3697. A bill to amend title XVIII of the Service on which there is a historical Social Security Act to establish Medicare certain requirements of the Atomic Energy Act of 1954 United States exports of nuclear tradition of the use of pack and saddle Health Savings Accounts; to the Committee stock animals, and for other purposes. on Finance. materials, equipment, and technology to S. 1035 By Mr. JEFFORDS (for himself, Mrs. India, and to implement the United States Additional Protocol; from the Committee on BOXER, Mr. LAUTENBERG, Mr. KEN- At the request of Mr. INHOFE, the Foreign Relations; placed on the calendar. NEDY, Mr. LEAHY, Mr. REED, Mr. name of the Senator from Mississippi By Mr. KENNEDY: AKAKA, Mr. DODD, Mr. SARBANES, and (Mr. LOTT) was added as a cosponsor of S. 3710. A bill to amend the Elementary Mr. MENENDEZ): S. 1035, a bill to authorize the presen- S. 3698. A bill to amend the Clean Air Act and Secondary Education Act of 1965 to im- tation of commemorative medals on to reduce emissions of carbon dioxide, and prove retention of public elementary and behalf of Congress to Native Americans for other purposes; to the Committee on En- secondary school teachers, and for other pur- poses; to the Committee on Health, Edu- who served as Code Talkers during for- vironment and Public Works. eign conflicts in which the United By Mr. SPECTER: cation, Labor, and Pensions. S. 3699. A bill to provide private relief; to By Mr. DOMENICI (for himself, Ms. States was involved during the 20th the Committee on the Judiciary. LANDRIEU, Mr. VITTER, Mr. FRIST, century in recognition of the service of By Mrs. CLINTON: Mr. MCCONNELL, Mr. MARTINEZ, Mr. those Native Americans to the United S. 3700. A bill to amend title 4, United COCHRAN, Mr. LOTT, Mr. SHELBY, Mr. States. States Code, to add National Korean War SESSIONS, Mr. CORNYN, and Mrs. S. 1800 HUTCHISON): Veterans Armistice Day to the list of days At the request of Ms. SNOWE, the S. 3711. A bill to enhance the energy inde- on which the flag should especially be dis- name of the Senator from Illinois (Mr. played; to the Committee on the Judiciary. pendence and security of the United States By Mr. SMITH (for himself and Mr. by providing for exploration, development, DURBIN) was added as a cosponsor of S. WYDEN): and production activities for mineral re- 1800, a bill to amend the Internal Rev- S. 3701. A bill to determine successful sources in the Gulf of Mexico, and for other enue Code of 1986 to extend the new methods to provide protection from cata- purposes; read the first time. markets tax credit.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.086 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8050 CONGRESSIONAL RECORD — SENATE July 20, 2006 S. 1840 ice Act to improve the quality and kota (Mr. THUNE) was added as a co- At the request of Mr. THUNE, the availability of mental health services sponsor of S. Res. 405, a resolution des- names of the Senator from New Mexico for children and adolescents. ignating August 16, 2006, as ‘‘National (Mr. DOMENICI) and the Senator from S. 3556 Airborne Day’’. Georgia (Mr. ISAKSON) were added as At the request of Mr. DEMINT, the S. RES. 508 cosponsors of S. 1840, a bill to amend name of the Senator from West Vir- At the request of Mr. BIDEN, the section 340B of the Public Health Serv- ginia (Mr. BYRD) was added as a co- name of the Senator from Georgia (Mr. ice Act to increase the affordability of sponsor of S. 3556, a bill to clarify the ISAKSON) was added as a cosponsor of S. inpatient drugs for Medicaid and safety rules of origin for certain textile and Res. 508, a resolution designating Octo- net hospitals. apparel products. ber 20, 2006 as ‘‘National Mammog- S. 1923 S. 3650 raphy Day’’. At the request of Ms. SNOWE, the At the request of Mr. BINGAMAN, the S. RES. 535 name of the Senator from Virginia (Mr. name of the Senator from Colorado At the request of Mr. CONRAD, the ALLEN) was added as a cosponsor of S. (Mr. SALAZAR) was added as a cospon- name of the Senator from Ohio (Mr. 1923, a bill to address small business in- sor of S. 3650, a bill to include costs in- DEWINE) was added as a cosponsor of S. vestment companies licensed to issue curred by the Indian Health Service, a Res. 535, a resolution commending the participating debentures, and for other Federally qualified health center, an Patriot Guard Riders for shielding purposes. AIDS drug assistance program, certain mourning military families from pro- S. 2250 hospitals, or a pharmaceutical manu- testers and preserving the memory of At the request of Mr. GRASSLEY, the facturer patient assistance program in fallen service members at funerals. providing prescription drugs toward name of the Senator from North Da- f kota (Mr. DORGAN) was added as a co- the annual out of pocket threshold sponsor of S. 2250, a bill to award a con- under part D of title XVIII of the So- STATEMENTS ON INTRODUCED gressional gold medal to Dr. Norman E. cial Security Act and to provide a safe BILLS AND JOINT RESOLUTIONS Borlaug. harbor for assistance provided under a By Mr. INHOFE: pharmaceutical manufacturer patient S. 2278 S. 3697. A bill to amend title XVIII of assistance program. At the request of Ms. STABENOW, the the Social Security Act to establish name of the Senator from Connecticut S. 3659 Medicare Health Savings Accounts; to (Mr. LIEBERMAN) was added as a co- At the request of Ms. SNOWE, the the Committee on Finance. sponsor of S. 2278, a bill to amend the name of the Senator from Connecticut Mr. INHOFE. Mr. President, I rise Public Health Service Act to improve (Mr. LIEBERMAN) was added as a co- today to introduce a bill to establish the prevention, diagnosis, and treat- sponsor of S. 3659, a bill to reauthorize medicare health savings accounts, ment of heart disease, stroke, and and improve the women’s small busi- HSAs. This bill will make HSAs avail- other cardiovascular diseases in ness ownership programs of the Small able under Medicare in lieu of Medicare women. Business Administration, and for other medical savings accounts, MSAs. I purposes. S. 2284 have long been dedicated to quality S. 3677 At the request of Ms. MIKULSKI, the health care and believe that seniors At the request of Mr. BINGAMAN, the name of the Senator from South Caro- should have the ability to make their names of the Senator from Maine (Ms. lina (Mr. DEMINT) was added as a co- own decisions regarding their health COLLINS) and the Senator from Massa- sponsor of S. 2284, a bill to extend the care, so they can receive the health chusetts (Mr. KENNEDY) were added as termination date for the exemption of care they need and deserve. As a senior cosponsors of S. 3677, a bill to amend returning workers from the numerical myself, I appreciate how imperative it title XVIII of the Social Security Act limitations for temporary workers. is that we seniors be provided with a to eliminate the in the home restric- S. 2419 wide array of choices. tion for Medicare coverage of mobility My desire to see my fellow Oklaho- At the request of Mr. STEVENS, the devices for individuals with expected name of the Senator from Vermont mans and all Americans receive the long-term needs. best possible health care is evidenced (Mr. JEFFORDS) was added as a cospon- S. CON. RES. 94 sor of S. 2419, a bill to ensure the prop- by my involvement in various health- At the request of Ms. LANDRIEU, the related issues. I have always been a er remembrance of Vietnam veterans names of the Senator from Massachu- and the Vietnam War by providing a champion of rural health care pro- setts (Mr. KERRY) and the Senator from deadline for the designation of a visitor viders. In 1997, I was one of the few Re- Connecticut (Mr. LIEBERMAN) were publicans to vote against the Balanced center for the Vietnam Veterans Me- added as cosponsors of S. Con. Res. 94, morial. Budget Act because of its lack of sup- a concurrent resolution expressing the port for rural hospitals. At that time, I S. 2762 sense of Congress that the needs of made a commitment to not allow our At the request of Mr. AKAKA, the children and youth affected or dis- rural hospitals to be closed and am name of the Senator from New York placed by disasters are unique and pleased we finally addressed that im- (Mrs. CLINTON) was added as a cospon- should be given special consideration portant issue in the Medicare Mod- sor of S. 2762, a bill to amend title 38, in planning, responding, and recovering ernization Act of 2003 by providing United States Code, to ensure appro- from such disasters in the United great benefits for rural health care pro- priate payment for the cost of long- States. viders as well as a voluntary prescrip- term care provided to veterans in State S. CON. RES. 110 tion drug benefit to seniors. In 2003, I homes, and for other purposes. At the request of Mr. DEWINE, the also co-sponsored the Health Care Ac- S. 2884 names of the Senator from Ohio (Mr. cess and Rural Equity Act, to protect At the request of Mr. BUNNING, the VOINOVICH), the Senator from Iowa (Mr. and preserve access of Medicare bene- name of the Senator from West Vir- GRASSLEY) and the Senator from Ken- ficiaries to health care in rural regions. ginia (Mr. ROCKEFELLER) was added as tucky (Mr. BUNNING) were added as co- In order to assist my State and other a cosponsor of S. 2884, a bill to facili- sponsors of S. Con. Res. 110, a concur- States suffering from large reduction tate and expedite direct refunds to coal rent resolution commemorating the in their Federal medical assistance producers and exporters of the excise 60th anniversary of the historic 1946 percentage, FMAP, for Medicaid, I in- tax unconstitutionally imposed on coal season of Major League Baseball Hall troduced S.1754, a bill to apply a exported from the United States. of Fame member Bob Feller and his re- State’s FMAP from fiscal year 2005 to S. 3449 turn from military service to the fiscal years 2006 through 2014 on Sep- At the request of Mr. DODD, the name United States. tember 22, 2005. The purpose of this leg- of the Senator from Illinois (Mr. DUR- S. RES. 405 islation is to prevent drastic reduc- BIN) was added as a cosponsor of S. 3449, At the request of Mr. HAGEL, the tions in FMAP while revision of the a bill to amend the Public Health Serv- name of the Senator from South Da- formula itself is considered.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.089 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8051 I am a strong advocate of medical li- of 2006, which extends the exemption Secretary of Health and Human Serv- ability reform and am an original co- respecting required patient days for ices to deal with fraud appropriately sponsor of S. 22, the Medical Care Ac- critical access hospitals under the Fed- and requires providers to accept pay- cess Protection Act, and S. 23, the eral hospital mortgage insurance pro- ment by individuals enrolled in a Medi- Healthy Mothers and Healthy Babies gram. care HSA just as they would with an Access to Care Act. These bills protect As the Federal Government invests individual enrolled in traditional Medi- patients’ access to quality and afford- in improving hospitals and health care care. able health care by reducing the effects initiatives I have fought hard to ensure Please join me in supporting this im- of excessive liability costs. I am com- that Oklahoma gets its fair share. Spe- portant legislation to give our seniors mitted to this vital reform that would cifically, over the past 3 years, I have more choices regarding their health alleviate the burden placed on physi- helped to secure $5.2 million in funding care. cians and patients by excessive medical for the Oklahoma Medical Research malpractice lawsuits. Foundation, the Oklahoma State De- By Mr. JEFFORDS (for himself, I have also worked with officials partment of Health planning initiative Mrs. BOXER, Mr. LAUTENBERG, from the Centers for Medicare and for a rural telemedicine system, the Mr. KENNEDY, Mr. LEAHY, Mr. Medicaid Services, CMS, to expand ac- INTEGRIS Healthcare System, the REED, Mr. AKAKA, Mr. DODD, cess to life-saving implantable cardiac University of Oklahoma Health Mr. SARBANES, and Mr. MENEN- defibrillators and many other numer- Sciences Center, the Oklahoma Center DEZ): ous regulations that would affect my for the Advancement of Science and S. 3698. A bill to mend the Clean Air rural State such as the 250-yard rule Technology, St. Anthony’s Heart Hos- Act to reduce emissions of carbon diox- for critical access hospitals. pital, the Hillcrest Healthcare System, ide, and for other purposes; to the Com- As a supporter of safety and medical and the Morton Health Center. mittee on Environment and Public research, I have cosponsored legisla- As a long supporter of HSAs, I be- Works. tion to increase the supply of pan- lieve all people should have access to Mr. JEFFORDS. Mr. President, I rise creatic islet cells for research and a them since they provide great flexi- to introduce the Global Warming Pol- bill to take the abortion pill RU–486 off bility in the health market and allow lution Reduction Act of 2006. the market in the United States. individuals to have control over their One of the most important issues fac- I also introduced S. 96, the Flu Vac- own health care. Medicare MSAs have ing mankind is the problem of global cine Incentive Act, to help prevent any existed since January 1, 1997, revised in warming. Global warming is real and it future shortages in flu vaccines in both December of 2003, but they have not is already happening. Its effects are the 108th and 109th Congresses. My bill worked. No insurer whatsoever has yet being felt across the globe and the removes suffocating price controls offered any Medicare MSA under the longer we delay, the more severe these from government purchasing of the flu current law. effects will be. The broad consensus vaccine while encouraging more com- To fix this problem, my legislation within the scientific community is panies to enter the market. Also, my creates a new HSA program under that global warming has begun, is bill frees American companies to enter Medicare that incorporates a high-de- largely the result of human activity, the flu vaccine industry by giving them ductible health plan and an HSA ac- and is accelerating. Atmospheric an investment tax credit towards the count while dissolving the existing greenhouse gas concentrations have construction of flu vaccine production Medicare MSA. risen to 378 parts per million, nearly facilities. In tandem with my efforts, the Cen- one-third above preindustrial levels As a result of my sister’s death from ters for Medicare and Medicaid Serv- and higher than at any time during the cancer and treatment we learned about ices, CMS, are launching an HSA dem- past 400,000 years. Projections indicate not accessible in the United States onstration project that would test al- that stabilizing concentrations at 450 that might have saved her life, Senator lowing health insurance companies to parts per million would still mean a SAM BROWNBACK and I introduced S. offer Medicare beneficiaries products temperature increase of 2 to 4 degrees 1956, the Access, Compassion, Care and similar to HSA. This activity points to Fahrenheit. Such warming will result Ethics for Seriously-ill Patients Act— the administration’s support of HSAs in more extreme weather, increased ACCESS—on November 3, 2005. This and desire to see all seniors receive the flooding and drought, disruption of ag- bill would offer a three-tiered approval best possible coverage. ricultural and water systems, threats system for treatments showing efficacy As the July 13, 2006 edition of The to human health and loss of sensitive during clinical trials, for use by the se- Hill, explains, ‘‘no legislation is pend- species and ecosystems. riously ill patient population. Seri- ing that would integrate HSAs into the In order to prevent and minimize ously ill patients, who have exhausted Medicare program . . .’’ Thus, my leg- these effects, we must take global ac- all alternatives and are seeking new islation is necessary because real Medi- tions to address this issue as soon as treatment options, would be offered ac- care HSA reform is needed in order for possible. We owe that to ourselves and cess to these treatments with the con- seniors to have true flexibility and to future generations. sent of their physician. freedom of choice in their health care. The overwhelming majority of Amer- On April 4, 2006, my resolution to des- Under my bill, beneficiaries who icans support taking some form of ac- ignate April 8, 2006, as ‘‘National Cush- choose the HSA option will receive an tion on climate change. I am today in- ing’s Syndrome Awareness Day’’ passed annual amount that is equal to 95 per- troducing the Global Warming Pollu- by unanimous consent. The intent of cent of the annual Medicare Advan- tion Reduction Act, which I believe re- this resolution is to raise awareness of tage, MA, capitation rate with respect sponds to that call. I believe this is the Cushing’s syndrome, a debilitating dis- to the individual’s MA payment area. most far-reaching and forward-think- order that affects an estimated 10 to 15 These funds provided through the ing climate change bill ever intro- million people per million. It is an en- Medicare HSA program can only be duced. It sets a goal of an 80 percent re- docrine or hormonal disorder caused by used by the beneficiary for the fol- duction in global warming pollutants prolonged exposure of the body’s tissue lowing purposes: as a contribution into by 2050. It provides a roadmap for ac- to high levels of the hormone cortisol. an HSA or for payment of high deduct- tions that we will need to take over the Additionally, I have consistently co- ible health plan premiums. However, next few decades to combat global sponsored yearly resolutions desig- the individual also has the opportunity warming. I believe that if this bill were nating a day in October as ‘‘National to deposit personal funds in to the passed, it would put us on the path to Mammography Day’’ and a week: in Medicare HSA. potentially solving the global warming August as ‘‘National Health Center My bill also guarantees that seniors problem. If it were passed, we would re- Week’’ to raise awareness regarding be notified of the amount they will re- shape our economy to become more en- both these issues and have supported ceive 90 days before receipt to ensure ergy independent, cleaner, and more passage and enactment of numerous they have time to determine the best economically competitive. If it were health-care-related bills, such as the and most appropriate HSA to accom- passed, we would have a chance of Rural Health Care Capital Access Act modate needs. The bill also allows the avoiding some of the worst and most

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.094 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8052 CONGRESSIONAL RECORD — SENATE July 20, 2006 dangerous effects of global warming. If SEC. 2. GLOBAL WARMING POLLUTION EMISSION ‘‘(10) at the current rate of emission, global it were passed, we would be in a posi- REDUCTIONS. warming pollution concentrations in the at- tion to negotiate with other countries The Clean Air Act (42 U.S.C. 7401 et seq.) is mosphere could reach more than 600 parts amended by adding at the end the following: per million in carbon dioxide equivalent, and as part of the global solution. global average mean temperature could rise Some will say that this bill imposes ‘‘TITLE VII—COMPREHENSIVE GLOBAL WARMING POLLUTION REDUCTIONS an additional 2.7 to 11 degrees Fahrenheit, by requirements that ask too much of in- ‘‘Sec. 701. Findings. the end of the century; dustry. Some will say that this bill ‘‘Sec. 702. Purposes. ‘‘(11) although an understanding of all de- contains requirements that we cannot ‘‘Sec. 703. Definitions. tails of the Earth system is not yet com- easily meet. I say first of all that the ‘‘Sec. 704. Global warming pollution emis- plete, present knowledge indicates that po- costs of inaction vastly outweigh the sion reductions. tential future temperature increases could costs of action and that we have a re- ‘‘Sec. 705. Conditions for accelerated global result in— ‘‘(A) the further or complete melting of the sponsibility to future generations not warming pollution emission re- duction. Antarctic and Greenland ice sheets; to leave the Earth far worse off than ‘‘(B) the disruption of the North-Atlantic when we found it—with a fundamen- ‘‘Sec. 706. Use of allowances for transition assistance and other purposes. Thermohaline Circulation (commonly known tally altered climate system. Tempera- ‘‘Sec. 707. Vehicle emission standards. as the ‘Gulf Stream’); ture changes, sea level rise, hurricanes, ‘‘Sec. 708. Emission standards for electric ‘‘(C) the extinction of species; and floods, and droughts can affect food generation units. ‘‘(D) large-scale disruptions of the natural production, national security, the ‘‘Sec. 709. Low-carbon generation require- systems that support life; ‘‘(12) there exists an array of technological spread of disease, and the survival of ment. ‘‘Sec. 710. Geological disposal of global options for use in reducing global warming endangered species. These are not pollution emissions, and significant reduc- things to trifle with on the basis of in- warming pollutants. ‘‘Sec. 711. Research and development. tions can be attained using a portfolio of op- dustry cost estimates, which have fre- ‘‘Sec. 712. Energy efficiency performance tions that will not adversely impact the quently been overstated. standard. economy; But perhaps more importantly, we ‘‘Sec. 713. Renewable portfolio standard. ‘‘(13) the ingenuity of the people of the can act to reduce global warming. We ‘‘Sec. 714. Standards to account for biologi- United States will allow the Nation to be- can reduce emissions to 1990 levels be- cal sequestration of carbon. come a leader in solving global warming; and ‘‘Sec. 715. Global warming pollution report- ‘‘(14) it should be a goal of the United tween now and 2020 through a reduc- States to achieve a reduction in global tion of just 2 percent per year. Energy ing. ‘‘Sec. 716. Clean energy technology deploy- warming pollution emissions in the United efficiency alone could play a major States— ment in developing countries. ‘‘(A) to ensure that the average global tem- part in reaching reductions, and new ‘‘Sec. 717. Paramount interest waiver. perature does not increase by more than 3.6 technologies can help as well. More- ‘‘Sec. 718. Effect on other law. degrees Fahrenheit (2 degrees Celsius); and over, additional deployment of existing ‘‘SEC. 701. FINDINGS. renewable energy sources, including ‘‘(B) to facilitate the achievement of an av- ‘‘Congress finds that— erage global atmospheric concentration of biofuels, can also help substantially. If ‘‘(1) global warming poses a significant global warming pollutants that does not ex- we were to take the actions suggested threat to the national security and economy ceed 450 parts per million in carbon dioxide in this bill, we would find that we of the United States, public health and wel- equivalent. would enhance our energy independ- fare, and the global environment; ‘‘SEC. 702. PURPOSES. ence, and we would become a world ‘‘(2) due largely to an increased use of en- ‘‘The purposes of this title are— leader in clean energy technologies. ergy from fossil fuels, human activities are ‘‘(1) to achieve a reduction in global warm- primarily responsible for the release of car- ing pollution emissions compatible with en- American innovation can position us as bon dioxide and other heat-trapping global the world leader in clean technologies. suring that— warming pollutants that are accumulating ‘‘(A) the average global temperature does In my final year in the Senate, I have in the atmosphere and causing surface air not increase by more than 3.6 degrees Fahr- often asked myself, What lasting ac- and subsurface ocean temperatures to rise; enheit (2 degrees Celsius) above the tions can I take to make the world a ‘‘(3) as of the date of enactment of this preindustrial average; and better place? I hope that by proposing title, atmospheric concentrations of carbon ‘‘(B) total average global atmospheric con- real action on climate change, and dioxide are 35 percent higher than those con- centrations of global warming pollutants do passing the torch to a new generation centrations were 150 years ago, at 378 parts not exceed 450 parts per million in carbon di- per million compared to 280 parts per mil- of those committed to protecting the oxide equivalent; lion; ‘‘(2) to reduce by calendar year 2050 the ag- environment, that I can help make a ‘‘(4) the United States emits more global gregate net level of global warming pollution difference for us all. Global warming is warming pollutants than any other country, emissions of the United States to a level upon us now. The question is, Can we and United States carbon dioxide emissions that is 80 percent below the aggregate net take action now, before it is too late? have increased by an average of 1.3 percent level of global warming pollution emissions We know what we need to do, we annually since 1990; for calendar year 1990; know how much we must reduce, and ‘‘(5)(A) during the past 100 years, global ‘‘(3) to allow for an acceleration of reduc- we have the technology to do so. The temperatures have risen by 1.44 degrees tions in global warming pollution emissions Fahrenheit; and question for this body is, Do we have to prevent— ‘‘(B) from 1970 to the present, those tem- ‘‘(A) average global temperature from in- the political will? Can we overcome our peratures have risen by almost 1 degree creasing by more than 3.6 degrees Fahrenheit fears and insecurity and act decisively Fahrenheit; (2 degrees Celsius) above the preindustrial to combat global warming? That is the ‘‘(6) 8 of the past 10 years (1996 to 2005) are average; or opportunity and challenge of the com- among the 10 warmest years on record; ‘‘(B) global atmospheric concentrations of ing years, which my bill on global ‘‘(7) average temperatures in the Arctic global warming pollutants from exceeding warming seeks to address. I urge my have increased by 4 to 7 degrees Fahrenheit 450 parts per million; colleagues to join me in the quest for a during the past 50 years; ‘‘(4) to establish a motor vehicle global ‘‘(8) global warming has caused— warming pollution emission requirement; better, safer world that is free of the ‘‘(A) ocean temperatures to increase, re- ‘‘(5) to require electric generation units to enormous threat posed by dangerous sulting in rising sea levels, extensive bleach- meet a global warming pollution emission global warming. I urge my colleagues ing of coral reefs worldwide, and an increase standard; to support this important piece of leg- in the intensity of tropical storms; ‘‘(6) to establish rules for the safe geologi- islation. ‘‘(B) the retreat of Arctic sea ice by an av- cal sequestration of carbon dioxide; There being no objection, the text of erage of 9 percent per decade since 1978; ‘‘(7) to encourage energy efficiency and the the bill was ordered to be printed in ‘‘(C) the widespread thawing of permafrost use of renewable energy by establishing a re- the RECORD, as follows: in polar, subpolar, and mountainous regions; newable portfolio standard and an energy ef- ‘‘(D) the redistribution and loss of species; ficiency portfolio standard; S. 3698 and ‘‘(8) to provide for research relating to, and Be it enacted by the Senate and House of Rep- ‘‘(E) the rapid shrinking of glaciers; development of, the technologies to control resentatives of the United States of America in ‘‘(9) the United States must adopt a com- global warming pollution emissions; Congress assembled, prehensive and effective national program of ‘‘(9) to position the United States as the SECTION 1. SHORT TITLE. mandatory limits and incentives to reduce world leader in reducing the risk of the po- This Act may be cited as the ‘‘Global global warming pollution emissions into the tentially devastating, wide-ranging impacts Warming Pollution Reduction Act’’. atmosphere; associated with global warming; and

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.096 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8053 ‘‘(10) to promote, through leadership by the years after the date of enactment of this market-based program under paragraph (1); United States, accelerated reductions in title, after an opportunity for public notice and global warming pollution from other coun- and comment, the Administrator shall pro- ‘‘(III) the reductions are at least as tries with significant global warming pollu- mulgate any rules that are necessary to re- verifiable as reductions made in accordance tion emissions. duce, by not later than January 1, 2020, the with those rules; or ‘‘SEC. 703. DEFINITIONS. aggregate net levels of global warming pollu- ‘‘(ii) for any given entity subject to the ‘‘In this title: tion emissions of the United States to the market-based program, the entity dem- ‘‘(1) ACADEMY.—The term ‘Academy’ means aggregate net level of those global warming onstrates that the entity has made entity- the National Academy of Sciences. pollution emissions during calendar year wide reductions of global warming pollution ‘‘(2) CARBON DIOXIDE EQUIVALENT.—The 1990. emissions before the effective date of the term ‘carbon dioxide equivalent’ means, for ‘‘(2) ACHIEVEMENT OF MILESTONES.—To the market-based program, but not earlier than each global warming pollutant, the quantity maximum extent practicable, the reductions calendar year 1992, that are at least as of the global warming pollutant that makes described in paragraph (1) shall be achieved verifiable as reductions made in accordance the same contribution to global warming as through an annual reduction in the aggre- with the rules established for the market- 1 metric ton of carbon dioxide, as determined gate net level of global warming pollution based program under paragraph (1). emissions of the United States of approxi- by the Administrator, taking into account ‘‘(C) PUBLICATION.—If the Administrator the study and report described in section mately 2 percent for each of calendar years determines that it is necessary to establish a 705(a). 2010 through 2020. market-based program, the Administrator ‘‘(c) EMISSION REDUCTION MILESTONES FOR ‘‘(3) FACILITY.—The term ‘facility’ means shall publish notice of the determination in 2030, 2040, AND 2050.—Except as described in all buildings, structures, or installations subsection (d), not later than January 1, 2018, the Federal Register. that are— after an opportunity for public notice and ‘‘(D) LIMITATIONS ON MARKET-BASED PRO- ‘‘(A) located on 1 or more contiguous or ad- comment, the Administrator shall promul- GRAMS.— jacent properties under common control of gate any rules that are necessary to reduce ‘‘(i) DEFINITIONS.—In this subparagraph: the same persons; and the aggregate net levels of global warming ‘‘(I) ANNUAL ALLOWANCE PRICE.—The term ‘‘(B) located in the United States. pollution emissions of the United States— ‘annual allowance price’ means the average ‘‘(4) GLOBAL WARMING POLLUTANT.—The ‘‘(1) by calendar year 2030, by 1⁄3 of 80 per- market price of global warming pollution term ‘global warming pollutant’ means— cent of the aggregate net level of global emission allowances for a calendar year. ‘‘(A) carbon dioxide; warming pollution emissions of the United ‘‘(II) DECLINING EMISSIONS CAP WITH A TECH- ‘‘(B) methane; States during calendar year 1990; NOLOGY-INDEXED STOP PRICE.—The term ‘de- ‘‘(C) nitrous oxide; ‘‘(2) by calendar year 2040, by 2⁄3 of 80 per- clining emissions cap with a technology-in- ‘‘(D) hydrofluorocarbons; cent of the aggregate net level of the global dexed stop price’ means a feature of a mar- ‘‘(E) perfluorocarbons; warming pollution emissions of the United ket-based program for an industrial sector, ‘‘(F) sulfur hexafluoride; and States during calendar year 1990; and or on an economy-wide basis, under which ‘‘(G) any other anthropogenically-emitted ‘‘(3) by calendar year 2050, by 80 percent of the emissions cap declines by a fixed per- gas that the Administrator, after notice and the aggregate net level of global warming centage each calendar year or, during any comment, determines to contribute to global pollution emissions of the United States dur- year in which the annual allowance price ex- warming. ing calendar year 1990. ceeds the technology-indexed stop price, the ‘‘(5) GLOBAL WARMING POLLUTION.—The ‘‘(d) ACCELERATED EMISSION REDUCTION emissions cap remains the same until the oc- term ‘global warming pollution’ means any MILESTONES.—If an NAS report determines currence of the earlier of— combination of 1 or more global warming that any of the events described in section ‘‘(aa) the date on which the annual allow- pollutants emitted into the ambient air or 705(a)(2) have occurred, or are more likely ance price no longer exceeds the technology- atmosphere. than not to occur in the foreseeable future, indexed stop price; or ‘‘(6) MARKET-BASED PROGRAM.—The term not later than 2 years after the date of com- ‘‘(bb) the date on which a period of 3 years ‘market-based program’ means a program pletion of the NAS report, the Adminis- has elapsed during which the emissions cap that places an absolute limit on the aggre- trator, after an opportunity for public notice has remained unchanged. gate net global warming pollution emissions and comment and taking into account the ‘‘(III) EMISSIONS CAP.—The term ‘emissions of 1 or more sectors of the economy of the new information reported in the NAS report, cap’ means the total number of global warm- United States, while allowing the transfer or may adjust the milestones under this section ing pollution emission allowances issued for sale of global warming pollution emission al- and promulgate any rules that are nec- a calendar year. lowances. essary— ‘‘(IV) TECHNOLOGY-INDEXED STOP PRICE.— ‘‘(7) NAS REPORT.—The term ‘NAS report’ ‘‘(1) to reduce the aggregate net levels of The term ‘technology-indexed stop price’ means a report completed by the Academy global warming pollution emissions from the means a price per ton of global warming pol- under subsection (a) or (b) of section 705. United States on an accelerated schedule; lution emissions determined annually by the and ‘‘SEC. 704. GLOBAL WARMING POLLUTION EMIS- Administrator that is not less than the tech- SION REDUCTIONS. ‘‘(2) to minimize the effects of rapid cli- nology-specific average cost of preventing mate change and achieve the goals of this ‘‘(a) EMISSION REDUCTION GOAL.—Congress the emission of 1 ton of global warming pol- declares that— title. lutants through commercial deployment of ‘‘(e) REPORT ON ACHIEVEMENT OF MILE- ‘‘(1) it shall be the goal of the United any available zero-carbon or low-carbon STONES.—If an NAS report determines that a States, acting in concert with other coun- technologies. With respect to the electricity milestone under paragraph (1) or (2) of sub- sector, those technologies shall consist of— tries that emit global warming pollutants, to section (c) cannot be achieved because of achieve a reduction in global warming pollu- technological infeasibility, the Adminis- ‘‘(aa) wind-generated electricity; tion emissions— trator shall submit to Congress a notifica- ‘‘(bb) photovoltaic-generated electricity; ‘‘(A) to ensure that the average global tem- tion of that determination. ‘‘(cc) geothermal energy; perature does not increase by more than 3.6 ‘‘(f) EMISSION REDUCTION POLICIES.— ‘‘(dd) solar thermally-generated energy; degrees Fahrenheit (2 degrees Celsius); and ‘‘(1) IN GENERAL.—In implementing sub- ‘‘(ee) wave-based forms of energy; ‘‘(B) to facilitate the achievement of an av- sections (a) through (e), the Administrator ‘‘(ff) any fossil fuel-based electric gener- erage global atmospheric concentration of may establish 1 or more market-based pro- ating technology emitting less than 250 global warming pollutants that does not ex- grams. pounds per megawatt hour; and ceed 450 parts per million in carbon dioxide ‘‘(2) MARKET-BASED PROGRAM POLICIES.— ‘‘(gg) any zero-carbon-emitting electric equivalent; and ‘‘(A) IN GENERAL.—In implementing any generating technology that does not gen- ‘‘(2) in order to achieve the goal described market-based program, the Administrator erate radioactive waste. in paragraph (1), the United States shall re- shall allocate to households, communities, ‘‘(ii) IMPLEMENTATION.—In implementing duce the global warming pollution emissions and other entities described in section 706(a) any market-based program under this Act, of the United States by a quantity that is any global warming pollution emission al- for the period prior to January 1, 2020, the proportional to the share of the United lowances that are not allocated to entities Administrator shall consider the impact on States of the reductions that are necessary— covered under the emission limitation. the economy of the United States of imple- ‘‘(A) to ensure that the average global tem- ‘‘(B) RECOGNITION OF EMISSION REDUCTIONS menting the program with a declining emis- perature does not increase more than 3.6 de- MADE IN COMPLIANCE WITH STATE AND LOCAL sions cap through the use of a technology-in- grees Fahrenheit (2 degrees Celsius); and LAWS.—A market-based program may recog- dexed stop price. ‘‘(B) to stabilize average global warming nize reductions of global warming pollution ‘‘(iii) OTHER EMITTING SECTORS.—The Ad- pollution concentrations globally at or below emissions made before the effective date of ministrator may consider the use of a declin- 450 parts per million in carbon dioxide equiv- the market-based program if the Adminis- ing emissions cap with a technology-indexed alent. trator determines that— stop price, or similar approaches, for other ‘‘(b) EMISSION REDUCTION MILESTONES FOR ‘‘(i)(I) the reductions were made in accord- emitting sectors based on low-carbon or 2020.— ance with a State or local law; zero-carbon technologies, including— ‘‘(1) IN GENERAL.—To achieve the goal de- ‘‘(II) the State or local law is at least as ‘‘(I) biofuels; scribed in subsection (a)(1), not later than 2 stringent as the rules established for the ‘‘(II) hydrogen power; and

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.099 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8054 CONGRESSIONAL RECORD — SENATE July 20, 2006 ‘‘(III) other sources of energy and transpor- istrator shall offer to enter into a contract questration of carbon dioxide produced by an tation fuel. with the Academy under which, not later anthropogenic global warming pollution ‘‘(g) COST-EFFECTIVENESS.—In promul- than December 31, 2039, the Academy shall emission source in accordance with require- gating regulations under this section, the prepare and submit to Congress and the Ad- ments established by the Administrator; Administrator shall select the most cost-ef- ministrator a report on the appropriateness ‘‘(4) such individuals and entities as the fective options for global warming pollution of the milestone described in section Administrator determines to be appropriate, control and emission reduction strategies. 704(c)(3), taking into consideration— for use in carrying out projects to reduce net ‘‘SEC. 705. CONDITIONS FOR ACCELERATED ‘‘(A) information that was not available as carbon dioxide emissions through above- GLOBAL WARMING POLLUTION of the date of enactment of this title; and ground and below-ground biological carbon EMISSION REDUCTION. ‘‘(B) events that have occurred since that dioxide sequestration (including sequestra- ‘‘(a) REPORT ON GLOBAL CHANGE EVENTS BY date relating to— tion in forests, forest soils, agricultural THE ACADEMY.— ‘‘(i) climate change; soils, rangeland, or grassland in the United ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(ii) climate change technologies; and States); offer to enter into a contract with the Acad- ‘‘(iii) national and international climate ‘‘(5) such individuals and entities (includ- emy under which the Academy, not later change commitments. ing fish and wildlife agencies) as the Admin- than 2 years after the date of enactment of ‘‘(c) ADDITIONAL ITEMS IN NAS REPORT.—In istrator determines to be appropriate, for use this title, and every 3 years thereafter, shall addition to the information described in sub- in carrying out projects to protect and re- submit to Congress and the Administrator a section (a)(1) that is required to be included store ecosystems (including fish and wildlife) report that describes whether any of the in the NAS report, the Academy shall in- events described in paragraph (2)— affected by climate change; and clude in the NAS report— ‘‘(6) manufacturers producing consumer ‘‘(A) have occurred or are more likely than ‘‘(1) an analysis of the trends in annual not to occur in the foreseeable future; and products that result in substantially reduced global warming pollution emissions by the global warming pollution emissions, for use ‘‘(B) in the judgment of the Academy, are United States and the other countries that the result of anthropogenic climate change. in funding rebates for purchasers of those collectively account for more than 90 per- products. ‘‘(2) EVENTS.—The events referred to in cent of global warming pollution emissions paragraph (1) are— (including country-specific inventories of ‘‘SEC. 707. VEHICLE EMISSION STANDARDS. ‘‘(A) the exceedance of an atmospheric con- global warming pollution emissions and fa- ‘‘(a) VEHICLES UNDER 10,000 POUNDS.— centration of global warming pollutants of cility-specific inventories of global warming 450 parts per million in carbon dioxide equiv- ‘‘(1) IN GENERAL.—Not later than January pollution emissions in the United States); 1, 2010, the Administrator shall promulgate alent; and ‘‘(2) an analysis of the trends in global ‘‘(B) an increase of global average tempera- regulations requiring each fleet of auto- warming pollution concentrations (including mobiles sold by a manufacturer in the tures in excess of 3.6 degrees Fahrenheit (2 observed atmospheric concentrations of degrees Celsius) above the preindustrial av- United States beginning in model year 2016 global warming pollutants); to meet the standards for global warming erage. ‘‘(3) a description of actual and projected ‘‘(b) TECHNOLOGY REPORTS.— pollution emissions described in paragraph global change impacts that may be caused by ‘‘(1) DEFINITION OF TECHNOLOGICALLY INFEA- (2). anthropogenic global warming pollution SIBLE.—In this subsection, the term ‘techno- ‘‘(2) EMISSION STANDARDS.—The average emissions, in addition to the events de- logically infeasible’, with respect to a tech- global warming pollution emissions of a ve- scribed in subsection (a)(2); and nology, means that the technology— hicle fleet described in paragraph (1) shall ‘‘(4) such other information as the Acad- ‘‘(A) will not be demonstrated beyond lab- not exceed— emy determines to be appropriate. oratory-scale conditions; ‘‘(A) 205 carbon dioxide equivalent grams ‘‘SEC. 706. USE OF ALLOWANCES FOR TRANSI- ‘‘(B) would be unsafe; per mile for automobiles with— TION ASSISTANCE AND OTHER PUR- ‘‘(i) a gross vehicle weight of not more ‘‘(C) would not reliably reduce global POSES. warming pollution emissions; or than 8,500 pounds; and ‘‘(a) REGULATIONS GOVERNING ALLOCATION ‘‘(ii) a loaded vehicle weight of not more ‘‘(D) would prevent the activity to which OF ALLOWANCES FOR TRANSITION ASSISTANCE than 3,750 pounds; the technology applies from meeting or per- TO INDIVIDUALS AND ENTITIES.— ‘‘(B) 332 carbon dioxide equivalent grams forming its primary purpose (such as gener- ‘‘(1) IN GENERAL.—In implementing any per mile for— ating electricity or transporting goods or in- market-based program, the Administrator ‘‘(i) automobiles with— dividuals). may promulgate regulations providing for ‘‘(I) a gross vehicle weight of not more ‘‘(2) REPORTS.—The Administrator shall the allocation of global warming pollution than 8,500 pounds; and offer to enter into a contract with the Acad- emission allowances to the individuals and ‘‘(II) a loaded vehicle weight of more than emy under which the Academy, not later entities, or for the purposes, specified in sub- 3,750 pounds; and than 2 years after the date of enactment of section (b). ‘‘(ii) medium-duty passenger vehicles; and this title and every 3 years thereafter, shall ‘‘(2) REQUIREMENTS.—Regulations promul- ‘‘(C) 405 carbon dioxide equivalent grams submit to Congress and the Administrator a gated under paragraph (1) may, as the Ad- per mile for vehicles— report that describes or analyzes— ministrator determines to be necessary, pro- ‘‘(i) with a gross vehicle weight of between ‘‘(A) the status of current global warming vide for the appointment of 1 or more trust- 8,501 pounds and 10,000 pounds; and pollution emission reduction technologies, ees— ‘‘(ii) that are not medium-duty passenger including— ‘‘(A) to receive emission allowances for the vehicles. ‘‘(i) technologies for capture and disposal benefit of households, communities, and ‘‘(3) HEIGHTENED STANDARDS.—After model of global warming pollutants; other entities described in paragraph (1); year 2016, the Administrator may promul- ‘‘(ii) efficiency improvement technologies; ‘‘(B) to sell the emission allowances at fair gate regulations that increase the stringency ‘‘(iii) zero-global-warming-pollution-emit- market value; and of emission standards described in paragraph ting energy technologies; and ‘‘(C) to distribute the proceeds of any sale (2) as necessary to meet the emission reduc- ‘‘(iv) above- and below-ground biological of emission allowances to the appropriate tion goal described in section 704(e)(3). sequestration technologies; beneficiaries. ‘‘(B) whether any of the requirements ‘‘(b) ALLOCATION FOR TRANSITION ASSIST- ‘‘(b) HIGHWAY VEHICLES OVER 10,000 under this title (including regulations pro- ANCE.—The Administrator may allocate POUNDS.— mulgated under this title) mandate a level of emission allowances, in accordance with reg- ‘‘(1) IN GENERAL.—Not later than January emission control or reduction that, based on ulations promulgated under subsection (a), 1, 2010, the Administrator shall promulgate available or expected technology, will be to— regulations requiring each fleet of highway technologically infeasible at the time at ‘‘(1) communities, individuals, and compa- vehicles over 10,000 pounds sold by a manu- which the requirements become effective; nies that have experienced disproportionate facturer in the United States beginning in ‘‘(C) the projected date on which any tech- adverse impacts as a result of— model year 2020 to meet the standards for nology determined to be technologically in- ‘‘(A) the transition to a lower carbon-emit- global warming pollution emissions de- feasible will become technologically feasible; ting economy; or scribed in paragraph (2). ‘‘(D) whether any technology determined ‘‘(B) global warming; ‘‘(2) EMISSION STANDARDS.—The average to be technologically infeasible cannot rea- ‘‘(2) owners and operators of highly energy- global warming pollution emissions of a ve- sonably be expected to become techno- efficient buildings, including— hicle fleet described in paragraph (1) shall logically feasible prior to calendar year 2050; ‘‘(A) residential users; not exceed— and ‘‘(B) producers of highly energy-efficient ‘‘(A) 850 carbon dioxide equivalent grams ‘‘(E) the costs of available alternative products; and per mile for highway vehicles with a gross global warming pollution emission reduction ‘‘(C) entities that carry out energy-effi- vehicle weight rating between 10,001 pounds strategies that could be used or pursued in ciency improvement projects pursuant to and 26,000 pounds; and lieu of any technologies that are determined section 712 that result in consumer-side re- ‘‘(B) 1,050 carbon dioxide equivalent grams to be technologically infeasible. ductions in electricity use; per mile for highway vehicles with a gross ‘‘(3) REPORT EVALUATING 2050 MILESTONE.— ‘‘(3) entities that will use the allowances vehicle weight rating of more than 26,000 Not later than December 31, 2037, the Admin- for the purpose of carrying out geological se- pounds.

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‘‘(3) HEIGHTENED STANDARDS.—After model ‘‘(2) COVERED GENERATOR.—The term ‘cov- carbon generation to comply with subsection year 2020, the Administrator may promul- ered generator’ means an electric generating (b) to achieve that compliance by purchasing gate regulations that increase the stringency unit that— sufficient low-carbon generation credits. of emission standards described in paragraph ‘‘(A) has a rated capacity of 25 megawatts ‘‘(2) REQUIREMENTS.—As part of the pro- (2) as necessary to meet the emission reduc- or more; and gram, the Administrator shall— tion goal described in section 704(a)(1). ‘‘(B) has an annual fuel input at least 50 ‘‘(A) issue to producers of low-carbon gen- ‘‘(c) ADJUSTMENT OF REQUIREMENTS.—Tak- percent of which is provided by coal, petro- eration, on a quarterly basis, a single low- ing into account appropriate lead times for leum coke, lignite, or any combination of carbon generation credit for each kilowatt vehicle manufacturers, if the Academy de- those fuels. hour of low-carbon generation sold during termines, pursuant to an NAS report, that a ‘‘(3) LOW-CARBON GENERATION.—The term the preceding quarter; and vehicle emission standard under this section ‘low-carbon generation’ means electric en- ‘‘(B) ensure that a kilowatt hour, including is or will be technologically infeasible as of ergy generated from an electric generating the associated low-carbon generation credit, the effective date of the standard, the Ad- unit at least 50 percent of the annual fuel shall be used only once for purposes of com- ministrator may, by regulation, modify the input of which, in any year— pliance with subsection (b). requirement to take into account the deter- ‘‘(A) is provided by coal, petroleum coke, ‘‘(e) ENFORCEMENT.—An owner or operator mination of the Academy. lignite, biomass, or any combination of those of a covered generator that fails to comply ‘‘(d) STUDY.— fuels; and with subsection (b) shall be subject to a civil ‘‘(1) IN GENERAL.—Not later than January ‘‘(B) results in an emission rate into the penalty in an amount equal to the product 1, 2008, the Administrator shall enter into a atmosphere of not more than 250 pounds of obtained by multiplying— contract with the Academy under which the carbon dioxide per megawatt-hour (after ad- ‘‘(1) the number of kilowatt-hours of elec- Academy shall conduct a study of, and sub- justment for carbon dioxide from the electric tric energy sold to electric consumers in vio- mit to the Administrator a report on, the po- generating unit that is geologically seques- lation of subsection (b); and tential contribution of the non-highway por- tered in a geological repository approved by ‘‘(2) the greater of— tion of the transportation sector toward the Administrator pursuant to subsection ‘‘(A) 2.5 cents (as adjusted under subsection meeting the emission reduction goal de- (e)). (g)); or scribed in section 704(a)(1). ‘‘(4) PROGRAM.—The term ‘program’ means ‘‘(B) 200 percent of the average market ‘‘(2) REQUIREMENTS.—The study shall ana- the low-carbon generation credit trading value of those low-carbon generation credits lyze— program established under subsection (d)(1). during the year in which the violation oc- ‘‘(A) the technological feasibility and cost- ‘‘(b) REQUIREMENT.— curred. effectiveness of global warming pollution re- ‘‘(1) CALENDAR YEARS 2015 THROUGH 2020.—Of ‘‘(f) EXEMPTION.—This section shall not ductions from the non-highway sector; and the base quantity of electricity produced for apply for any calendar year to an owner or ‘‘(B) the overall potential contribution of sale by a covered generator for a calendar operator of a covered generator that sold less that sector in terms of emissions, in meeting year, the covered generator shall provide a than 40,000 megawatt-hours of electric en- the emission reduction goal described in sec- minimum percentage of that base quantity ergy produced from covered generators dur- tion 704(a)(1). of electricity for the calendar year from low- ing the preceding calendar year. ‘‘SEC. 708. EMISSION STANDARDS FOR ELECTRIC carbon generation, as specified in the fol- ‘‘(g) INFLATION ADJUSTMENT.—Not later GENERATION UNITS. lowing table: than December 31, 2008, and annually there- ‘‘(a) INITIAL STANDARD.— after, the Administrator shall adjust the ‘‘(1) IN GENERAL.—Not later than 2 years amount of the civil penalty for each kilo- ‘‘ Minimum annual after the date of enactment of this title, the Calendar year: percentage: watt-hour calculated under subsection (e)(2) Administrator shall, by regulation, require to reflect changes for the 12-month period each unit that is designed and intended to 2015 ...... 0.5 ending on the preceding November 30 in the provide electricity at a unit capacity factor 2016 ...... 1.0 Consumer Price Index for All Urban Con- of at least 60 percent and that begins oper- 2017 ...... 2.0 sumers published by the Bureau of Labor ation after December 31, 2011, to meet the 2018 ...... 3.0 Statistics of the Department of Labor. standard described in paragraph (2). 2019 ...... 4.0 ‘‘(h) TECHNOLOGICAL INFEASIBILITY.—If the ‘‘(2) STANDARD.—Beginning on December 2020 ...... 5.0 Academy determines, pursuant to section 31, 2015, a unit described in paragraph (1) 705, that the schedule for compliance de- shall meet a global warming pollution emis- ‘‘(2) CALENDAR YEARS 2021 THROUGH 2025.— scribed in subsection (b) is or will be techno- sion standard that is not higher than the For each of calendar years 2021 through 2025, logically infeasible for covered generators to emission rate of a new combined cycle nat- the Administrator may increase the min- meet, the Administrator may, by regulation, ural gas generating unit. imum percentage of the base quantity of adjust the schedule as the Administrator de- ‘‘(3) MORE STRINGENT REQUIREMENTS.—For electricity from low-carbon generation de- termines to be necessary to take into ac- the period beginning on January 1 of the cal- scribed in paragraph (1) by up to 2 percent- count the consideration of the determination endar year following the effective date of the age points from the previous year, as the Ad- of the Academy. regulation described in paragraph (1) and ministrator determines to be necessary to ‘‘(i) TERMINATION OF AUTHORITY.—This sec- ending on December 31, 2029, the Adminis- achieve the emission reduction goal de- tion and the authority provided by this sec- trator may increase the stringency of the scribed in section 704(a)(1). tion terminate on December 31, 2030. global warming pollution emission standard ‘‘(3) CALENDAR YEARS 2026 THROUGH 2030.— ‘‘SEC. 710. GEOLOGICAL DISPOSAL OF GLOBAL described in paragraph (1) with respect to For each of calendar years 2026 through 2030, WARMING POLLUTANTS. electric generation units described in that the Administrator may increase the min- ‘‘(a) GEOLOGICAL CARBON DIOXIDE DISPOSAL paragraph. imum percentage of the base quantity of DEPLOYMENT PROJECTS.— ‘‘(b) FINAL STANDARD.—Not later than De- electricity from low-carbon generation de- ‘‘(1) IN GENERAL.—The Administrator shall cember 31, 2030, the Administrator shall re- scribed in paragraph (1) by up to 3 percent- establish a competitive grant program to quire each electric generation unit, regard- age points from the previous year, as the Ad- provide grants to 5 entities for the deploy- less of when the unit began to operate, to ministrator determines to be necessary to ment of projects to geologically dispose of meet the applicable emission standard under achieve the emission reduction goal de- carbon dioxide (referred to in this subsection subsection (a). scribed in section 704(a)(1). as ‘geological disposal deployment projects’). ‘‘(c) ADJUSTMENT OF REQUIREMENTS.—If the ‘‘(c) MEANS OF COMPLIANCE.—An owner or ‘‘(2) LOCATION.—Each geological disposal Academy determines, pursuant to section operator of a covered generator shall comply deployment project shall be conducted in a 705, that a requirement of this section is or with subsection (b) by— geologically distinct location in order to will be technologically infeasible at the time ‘‘(1) generating electric energy using low- demonstrate the suitability of a variety of at which the requirement becomes effective, carbon generation; geological structures for carbon dioxide dis- the Administrator, may, by regulation, ad- ‘‘(2) purchasing electric energy generated posal. just or delay the effective date of the re- by low-carbon generation; ‘‘(3) COMPONENTS.—Each geological dis- quirement as is necessary to take into con- ‘‘(3) purchasing low-carbon generation posal deployment project shall include an sideration the determination of the Acad- credits issued under the program; or analysis of— emy. ‘‘(4) undertaking a combination of the ac- ‘‘(A) mechanisms for trapping the carbon ‘‘SEC. 709. LOW-CARBON GENERATION REQUIRE- tions described in paragraphs (1) through (3). dioxide to be geologically disposed; MENT. ‘‘(d) LOW-CARBON GENERATION CREDIT ‘‘(B) techniques for monitoring the geo- ‘‘(a) DEFINITIONS.—In this section: TRADING PROGRAM.— logically disposed carbon dioxide; ‘‘(1) BASE QUANTITY OF ELECTRICITY.—The ‘‘(1) IN GENERAL.—Not later than January ‘‘(C) public response to the geological dis- term ‘base quantity of electricity’ means the 1, 2008, the Administrator shall establish, by posal deployment project; and total quantity of electricity produced for regulation after notice and opportunity for ‘‘(D) the permanency of carbon dioxide sale by a covered generator during the cal- comment, a low-carbon generation trading storage in geological reservoirs. endar year immediately preceding a compli- program to permit an owner or operator of a ‘‘(4) REQUIREMENTS.— ance year from coal, petroleum coke, lignite, covered generator that does not generate or ‘‘(A) IN GENERAL.—The Administrator shall or any combination of those fuels. purchase enough electric energy from low- establish—

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‘‘(i) appropriate conditions for environ- ‘‘(C) SELECTION.—After the date by which ‘‘(3) ABRUPT CLIMATE CHANGE RESEARCH.— mental protection with respect to geological applications for grants are required to be ‘‘(A) DEFINITION OF ABRUPT CLIMATE disposal deployment projects to protect pub- submitted under subparagraph (B), the Ad- CHANGE.—In this paragraph, the term ‘abrupt lic health and the environment; and ministrator, in a timely manner, shall se- climate change’ means a change in climate ‘‘(ii) requirements relating to applications lect, after peer review and based on the cri- that occurs so rapidly or unexpectedly that for grants under this subsection. teria under paragraph (6), those geological humans or natural systems may have dif- ‘‘(B) RULEMAKING.—The establishment of disposal deployment projects to be provided ficulty adapting to the change. requirements under subparagraph (A) shall a grant under this subsection. ‘‘(B) RESEARCH.—The Administrator shall not require a rulemaking. ‘‘(b) INTERIM STANDARDS.—Not later than 3 carry out a program of scientific research on ‘‘(C) MINIMUM REQUIREMENTS.—At a min- years after the date of enactment of this potential abrupt climate change that is de- imum, each application for a grant under title, the Administrator, in consultation signed— this subsection shall include— with the Secretary of Energy, shall, by regu- ‘‘(i) to develop a global array of terrestrial ‘‘(i) a description of the geological disposal lation, establish interim geological carbon and oceanographic indicators of deployment project proposed in the applica- dioxide disposal standards that address— paleoclimate in order to identify and de- tion; ‘‘(1) site selection; scribe past instances of abrupt climate ‘‘(ii) an estimate of the quantity of carbon ‘‘(2) permitting processes; change; dioxide to be geologically disposed over the ‘‘(3) monitoring requirements; ‘‘(ii) to improve understanding of thresh- life of the geological disposal deployment ‘‘(4) public participation; and olds and nonlinearities in geophysical sys- project; and ‘‘(5) such other issues as the Administrator tems relating to the mechanisms of abrupt ‘‘(iii) a plan to collect and disseminate and the Secretary of Energy determine to be climate change; data relating to each geological disposal de- appropriate. ‘‘(iii) to incorporate those mechanisms ployment project to be funded by the grant. ‘‘(c) FINAL STANDARDS.—Not later than 6 into advanced geophysical models of climate ‘‘(5) PARTNERS.—An applicant for a grant years after the date of enactment of this change; and under this subsection may carry out a geo- title, taking into account the results of geo- ‘‘(iv) to test the output of those models logical disposal deployment project under a logical disposal deployment projects carried against an improved global array of records pilot program in partnership with 1 or more out under subsection (a), the Administrator of past abrupt climate changes. public or private entities. shall, by regulation, establish final geologi- ‘‘(c) SENSE OF THE SENATE.—It is the sense ‘‘(6) SELECTION CRITERIA.—In evaluating ap- cal carbon dioxide disposal standards. plications under this subsection, the Admin- ‘‘(d) CONSIDERATIONS.—In developing stand- of the Senate that Federal funds for clean, istrator shall— ards under subsections (b) and (c), the Ad- low-carbon energy research, development, ‘‘(A) consider the previous experience of ministrator shall consider the experience in and deployment should be increased by at each applicant with similar projects; and the United States in regulating— least 100 percent for each year during the 10- ‘‘(B) give priority consideration to applica- ‘‘(1) underground injection of waste; year period beginning on the date of enact- tions for geological disposal deployment ‘‘(2) enhanced oil recovery; ment of this title. projects that— ‘‘(3) short-term storage of natural gas; and ‘‘SEC. 712. ENERGY EFFICIENCY PERFORMANCE ‘‘(i) offer the greatest geological diversity ‘‘(4) long-term waste storage. STANDARD. from other projects that have previously ‘‘(e) TERMINATION OF AUTHORITY.—This sec- ‘‘(a) DEFINITIONS.—In this section: been approved; tion and the authority provided by this sec- ‘‘(1) ELECTRICITY SAVINGS.— ‘‘(ii) are located in closest proximity to a tion terminate on December 31, 2030. ‘‘(A) IN GENERAL.—The term ‘electricity source of carbon dioxide; ‘‘SEC. 711. RESEARCH AND DEVELOPMENT. savings’ means reductions in end-use elec- ‘‘(iii) make use of the most affordable ‘‘(a) IN GENERAL.—The Administrator shall tricity consumption relative to consumption source of carbon dioxide; carry out a program to perform and support by the same customer or at the same new or ‘‘(iv) are expected to geologically dispose research on global climate change standards existing facility in a given year, as defined of the largest quantity of carbon dioxide; and processes, with the goals of— in regulations promulgated by the Adminis- ‘‘(v) are combined with demonstrations of ‘‘(1) providing scientific and technical trator under subsection (e). advanced coal electricity generation tech- knowledge applicable to the reduction of ‘‘(B) INCLUSIONS.—The term ‘savings’ in- nologies; global warming pollutants; and cludes savings achieved as a result of— ‘‘(vi) demonstrate the greatest commit- ‘‘(2) facilitating implementation of section ‘‘(i) installation of energy-saving tech- ment on the part of the applicant to ensure 704. nologies and devices; and funding for the proposed demonstration ‘‘(b) RESEARCH PROGRAM.— ‘‘(ii) the use of combined heat and power project and the greatest likelihood that the ‘‘(1) IN GENERAL.—The Administrator shall systems, fuel cells, or any other technology demonstration project will be maintained or carry out, directly or through the use of con- identified by the Administrator that recap- expanded after Federal assistance under this tracts or grants, a global climate change tures or generates energy solely for onsite subsection is completed; and standards and processes research program. customer use. ‘‘(vii) minimize any adverse environmental ‘‘(2) RESEARCH.— ‘‘(C) EXCLUSION.—The term ‘savings’ does effects from the project. ‘‘(A) CONTENTS AND PRIORITIES.—The spe- not include savings from measures that ‘‘(7) PERIOD OF GRANTS.— cific contents and priorities of the research would likely be adopted in the absence of en- ‘‘(A) IN GENERAL.—A geological disposal de- program shall be determined in consultation ergy-efficiency programs, as determined by ployment project funded by a grant under with appropriate Federal agencies, includ- the Administrator. this subsection shall begin construction not ing— ‘‘(2) RETAIL ELECTRICITY SALES.—The term later than 3 years after the date on which ‘‘(i) the National Oceanic and Atmospheric ‘retail electricity sales’ means the total the grant is provided. Administration; quantity of electric energy sold by a retail ‘‘(B) TERM.—The Administrator shall not ‘‘(ii) the National Aeronautics and Space electricity supplier to retail customers dur- provide grant funds to any applicant under Administration; and ing the most recent calendar year for which this subsection for a period of more than 5 ‘‘(iii) the Department of Energy. that information is available. years. ‘‘(B) TYPES OF RESEARCH.—The research ‘‘(3) RETAIL ELECTRICITY SUPPLIER.—The ‘‘(8) TRANSFER OF INFORMATION AND KNOWL- program shall include the conduct of basic term ‘retail electricity supplier’ means a dis- EDGE.—The Administrator shall establish and applied research— tribution or integrated utility, or an inde- mechanisms to ensure that the information ‘‘(i) to develop and provide the enhanced pendent company or entity, that sells elec- and knowledge gained by participants in the measurements, calibrations, data, models, tric energy to consumers. program under this subsection are published and reference material standards necessary and disseminated, including to other appli- to enable the monitoring of global warming ‘‘(b) ENERGY EFFICIENCY PERFORMANCE cants that submitted applications for a grant pollution; STANDARD.—Each retail electricity supplier under this subsection. ‘‘(ii) to assist in establishing a baseline ref- shall implement programs and measures to ‘‘(9) SCHEDULE.— erence point for future trading in global achieve improvements in energy efficiency ‘‘(A) PUBLICATION.—Not later than 180 days warming pollutants (including the measure- and peak load reduction, as verified by the after the date of enactment of this title, the ment of progress in emission reductions); Administrator. Administrator shall publish in the Federal ‘‘(iii) for international exchange as sci- ‘‘(c) TARGETS.—For calendar year 2008 and Register, and elsewhere as appropriate, a re- entific or technical information for the stat- each calendar year thereafter, the Adminis- quest for applications to carry out geological ed purpose of developing mutually-recog- trator shall ensure that retail electric sup- disposal deployment projects. nized measurements, standards, and proce- pliers annually achieve electricity savings ‘‘(B) DATE FOR APPLICATIONS.—An applica- dures for reducing global warming pollution; and reduce peak power demand and elec- tion for a grant under this subsection shall and tricity use by retail customers by a percent- be submitted not later than 180 days after ‘‘(iv) to assist in developing improved in- age that is not less than the applicable tar- the date of publication of the request under dustrial processes designed to reduce or get percentage specified in the following subparagraph (A). eliminate global warming pollution. table:

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‘‘Calendar Year Reduction in peak demand Reduction in electricity use

2008 ...... 25 percent ...... 25 percent 2009 ...... 75 percent ...... 75 percent 2010 ...... 1.75 percent ...... 1.5 percent 2011 ...... 2.75 percent ...... 2.25 percent 2012 ...... 3.75 percent ...... 3.0 percent 2013 ...... 4.75 percent ...... 3.75 percent 2014 ...... 5.75 percent ...... 4.5 percent 2015 ...... 6.75 percent ...... 5.25 percent 2016 ...... 7.75 percent ...... 6.0 percent 2017 ...... 8.75 percent ...... 6.75 percent 2018 ...... 9.75 percent ...... 7.5 percent 2019 ...... 10.75 percent ...... 8.25 percent 2020 and each calendar year thereafter ...... 11.75 percent ...... 9.0 percent

‘‘(d) BEGINNING DATE.—For the purpose of Policy Act of 2005 (42 U.S.C. 15852(b))) other of the Administrator, shall establish stand- meeting the targets established under sub- than energy generated from— ards for accrediting certified reductions in section (c), electricity savings shall be cal- ‘‘(A) municipal solid waste; the emission of carbon dioxide through culated based on the sum of— ‘‘(B) wood contaminated with plastics or above-ground and below-ground biological ‘‘(1) savings realized as a result of actions metals; or sequestration activities. taken by the retail electric supplier during ‘‘(C) tires. ‘‘(b) REQUIREMENTS.—The standards shall the specified calendar year; and ‘‘(b) RENEWABLE ENERGY REQUIREMENT.—Of include— ‘‘(2) cumulative savings realized as a result the base quantity of electricity sold by each ‘‘(1) a national biological carbon storage of electricity savings achieved in all pre- retail electric supplier to electric consumers baseline or inventory; and vious calendar years (beginning with cal- during a calendar year, the quantity gen- ‘‘(2) measurement, monitoring, and endar year 2006). erated by renewable energy sources shall be verification guidelines based on— ‘‘(e) IMPLEMENTING REGULATIONS.— not less than the following percentages: ‘‘(A) measurement of increases in carbon ‘‘(1) IN GENERAL.—Not later than 1 year storage in excess of the carbon storage that after the date of enactment of this title, the ‘‘Calendar year: Minimum annual would have occurred in the absence of a new Administrator shall promulgate regulations percentage: management practice designed to achieve bi- to implement the targets established under ological sequestration of carbon; subsection (c). 2008 through 2009 ...... 5 ‘‘(B) comprehensive carbon accounting ‘‘(2) REQUIREMENTS.—The regulations shall 2010 through 2014 ...... 10 that— establish— 2015 through 2019 ...... 15 ‘‘(i) reflects sustained net increases in car- ‘‘(A) a national credit system permitting 2020 and subsequent bon reservoirs; and credits to be awarded, bought, sold, or traded years ...... 20 ‘‘(ii) takes into account any carbon emis- by and among retail electricity suppliers; ‘‘(c) RENEWABLE ENERGY CREDIT PRO- sions resulting from disturbance of carbon ‘‘(B) a fee equivalent to not less than 4 GRAM.—Not later than 1 year after the date reservoirs in existence as of the date of com- cents per kilowatt hour for retail energy of enactment of this title, the Administrator mencement of any new management practice suppliers that do not meet the targets estab- shall establish— designed to achieve biological sequestration lished under subsection (c); and ‘‘(1) a program to issue, establish the value of carbon; ‘‘(C) standards for monitoring and of, monitor the sale or exchange of, and ‘‘(C) adjustments to account for— verification of electricity use and demand track renewable energy credits; and ‘‘(i) emissions of carbon that may result at savings reported by the retail electricity ‘‘(2) penalties for any retail electric sup- other locations as a result of the impact of suppliers. plier that does not comply with this section. the new biological sequestration manage- ‘‘(3) CONSIDERATION OF TRANSMISSION AND ‘‘(d) PROHIBITION ON DOUBLE COUNTING.—A ment practice on timber supplies; or DISTRIBUTION EFFICIENCY.—In developing reg- renewable energy credit issued under sub- ‘‘(ii) potential displacement of carbon ulations under this subsection, the Adminis- section (c)— emissions to other land owned by the entity trator shall consider whether savings, in ‘‘(1) may be counted toward meeting the that carries out the new biological seques- whole or part, achieved by retail electricity requirements of subsection (b) only once; and tration management practice; and suppliers by improving the efficiency of elec- ‘‘(2) shall vest with the owner of the sys- ‘‘(D) adjustments to reflect the expected tric distribution and use should be eligible tem or facility that generates the renewable carbon storage over various time periods, for credits established under this section. energy that is covered by the renewable en- taking into account the likely duration of ‘‘(f) COMPLIANCE WITH STATE LAW.—Noth- ergy credit, unless the owner explicitly the storage of carbon in a biological res- ing in this section shall supersede or other- transfers the renewable energy credit. ervoir. wise affect any State or local law requiring ‘‘(e) SALE UNDER PURPA CONTRACT.—If the ‘‘(c) UPDATING OF STANDARDS.—Not later or otherwise relating to reductions in total Administrator, after consultation with the than 3 years after the date of establishment annual electricity consumption, or peak Secretary of Energy, determines that a re- of the standards under subsection (a), and power consumption, by electric consumers to newable energy generator is selling elec- every 3 years thereafter, the Secretary of the extent that the State or local law re- tricity to comply with this section to a re- Agriculture shall update the standards to quires more stringent reductions than those tail electric supplier under a contract sub- take into account the most recent scientific required under this section. ject to section 210 of the Public Utilities information. ‘‘(g) VOLUNTARY PARTICIPATION.—The Ad- Regulatory Policies Act of 1978 (16 U.S.C. ministrator may— ‘‘SEC. 715. GLOBAL WARMING POLLUTION RE- 824a–3), the retail electric supplier shall be PORTING. ‘‘(1) pursuant to the regulations promul- treated as the generator of the electric en- gated under subsection (e)(1), issue a credit ergy for the purposes of this title for the du- ‘‘(a) IN GENERAL.—Not later than 2 years to any entity that is not a retail electric ration of the contract. after the date of enactment of this title, and annually thereafter, any entity considered to supplier if the entity implements electricity ‘‘(f) STATE PROGRAMS.—Nothing in this sec- savings; and tion precludes any State from requiring ad- be a major stationary source (as defined in ‘‘(2) in a case in which an entity described ditional renewable energy generation under section 169A(g)) shall submit to the Adminis- in paragraph (1) is a nonprofit or educational any State renewable energy program. trator a report describing the emissions of organization, provide to the entity 1 or more ‘‘(g) VOLUNTARY PARTICIPATION.—The Ad- global warming pollutants from the entity grants in lieu of a credit. ministrator may issue a renewable energy for the preceding calendar year. ‘‘SEC. 713. RENEWABLE PORTFOLIO STANDARD. credit pursuant to subsection (c) to any enti- ‘‘(b) VOLUNTARY REPORTING.—An entity ‘‘(a) RENEWABLE ENERGY.— ty that is not subject to this section only if that is not described in subsection (a) may ‘‘(1) IN GENERAL.—The Administrator, in the entity applying for the renewable energy voluntarily report the emissions of global consultation with the Secretary of Energy, credit meets the terms and conditions of this warming pollutants from the entity to the shall promulgate regulations defining the section to the same extent as retail electric Administrator. types and sources of renewable energy gen- suppliers subject to this section. ‘‘(c) REQUIREMENTS FOR REPORTS.— eration that may be carried out in accord- ‘‘SEC. 714. STANDARDS TO ACCOUNT FOR BIO- ‘‘(1) EXPRESSION OF MEASUREMENTS.—Each ance with this section. LOGICAL SEQUESTRATION OF CAR- global warming pollution report submitted ‘‘(2) INCLUSIONS.—In promulgating regula- BON. under this section shall express global warm- tions under paragraph (1), the Administrator ‘‘(a) IN GENERAL.—Not later than 2 years ing pollution emissions in— shall include of all types of renewable energy after the date of enactment of title, the Sec- ‘‘(A) metric tons of each global warming (as defined in section 203(b) of the Energy retary of Agriculture, with the concurrence pollutant; and

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‘‘(B) metric tons of the carbon dioxide ‘‘(c) DUTIES.— ‘‘(A) modifies or otherwise affects any re- equivalent of each global warming pollutant. ‘‘(1) INITIAL STRATEGY.— quirement of this Act in effect on the day be- ‘‘(2) ELECTRONIC FORMAT.—The information ‘‘(A) IN GENERAL.—Not later than 1 year fore the date of enactment of this title; or contained in a report submitted under this after the date of enactment of this title, the ‘‘(B) relieves any person of the responsi- section shall be reported electronically to Task Force shall develop and submit to the bility to comply with this Act.’’. the Administrator in such form and to such President an initial strategy— SEC. 3. RENEWABLE CONTENT OF GASOLINE. extent as may be required by the Adminis- ‘‘(i) to support the development and imple- Section 211(o) of the Clean Air Act (as trator. mentation of programs and policies in devel- amended by section 1501 of the Energy Policy ‘‘(3) DE MINIMIS EXEMPTION.—The Adminis- oping countries to promote the adoption of Act of 2005 (Public Law 109–58; 119 Stat. 1067)) trator may specify the level of global warm- clean, low-carbon energy technologies and is amended— ing pollution emissions from a source within energy-efficiency technologies and strate- (1) in paragraph (1)— a facility that shall be considered to be a de gies, with an emphasis on those developing (A) by redesignating subparagraph (B) as minimis exemption from the requirement to countries that are expected to experience the subparagraph (E); and comply with this section. most significant growth in global warming (B) by inserting after subparagraph (A) the ‘‘(d) PUBLIC AVAILABILITY OF INFORMA- pollution emissions over the 20-year period following: TION.—Not later than March 1 of the year beginning on the date of enactment of this ‘‘(B) LOW-CARBON RENEWABLE FUEL.—The after which the Administrator receives a re- title; and term ‘low-carbon renewable fuel’ means re- port under this subsection from an entity, ‘‘(ii)(I) open and expand clean, low-carbon newable fuel the use of which, on a full fuel and annually thereafter, the Administrator energy technology markets; and cycle, per-mile basis, and as compared with shall make the information reported under ‘‘(II) facilitate the export of that tech- the use of gasoline, achieves a reduction in this section available to the public through nology to developing countries. the Internet. global warming pollution emissions of 75 per- ‘‘(B) SUBMISSION TO CONGRESS.—On receipt ‘‘(e) PROTOCOLS AND METHODS.—The Ad- cent or more.’’; and of the initial strategy from the Task Force ministrator shall, by regulation, establish (2) in paragraph (2)— under subparagraph (A), the President shall protocols and methods to ensure complete- (A) in subparagraph (A)(i), by inserting submit the initial strategy to Congress. ness, consistency, transparency, and accu- ‘‘and low-carbon renewable fuel’’ after ‘‘re- ‘‘(2) FINAL STRATEGY.—Not later than 2 racy of data on global warming pollution newable fuel’’; and years after the date of submission of the ini- emissions submitted under this section. (B) in subparagraph (B)— tial strategy under paragraph (1), and every ‘‘(f) ENFORCEMENT.—Regulations promul- (i) in clause (iv), by striking ‘‘(iv) MINIMUM 2 years thereafter— gated under this section may be enforced APPLICABLE VOLUME.—For the purpose of sub- ‘‘(A) the Task Force shall— pursuant to section 113 with respect to any paragraph (A), the applicable volume’’ and ‘‘(i) review and update the initial strategy; person that— inserting the following: and ‘‘(1) fails to submit a report under this sec- ‘‘(iv) MINIMUM APPLICABLE VOLUME OF RE- ‘‘(ii) report the results of the review and tion; or NEWABLE FUEL.—For the purpose of subpara- update to the President; and ‘‘(2) otherwise fails to comply with those graph (A), the minimum applicable volume ‘‘(B) the President shall submit to Con- regulations. of renewable fuel’’; and gress a final strategy. ‘‘SEC. 716. CLEAN ENERGY TECHNOLOGY DE- (ii) by adding at the end the following: PLOYMENT IN DEVELOPING COUN- ‘‘(3) PERFORMANCE CRITERIA.—The Task ‘‘(v) MINIMUM APPLICABLE VOLUME OF LOW- TRIES. Force shall develop and submit to the Ad- CARBON RENEWABLE FUEL.—For the purpose of ‘‘(a) DEFINITIONS.—In this section: ministrator performance criteria for use in subparagraph (A), the minimum applicable ‘‘(1) CLEAN ENERGY TECHNOLOGY.—The term the provision of assistance under this sec- volume of low-carbon renewable fuel for cal- ‘clean energy technology’ means an energy tion. endar year 2015 and each calendar year there- supply or end-use technology that, over the ‘‘(d) PROVISION OF ASSISTANCE.—The Ad- after shall be 5,000,000,000 gallons.’’. lifecycle of the technology and compared to ministrator may— a similar technology already in commercial ‘‘(1) provide assistance to developing coun- SEC. 4. ENFORCEMENT AND JUDICIAL REVIEW. use in any developing country— tries for use in carrying out activities that (a) FEDERAL ENFORCEMENT.—Section 113 of ‘‘(A) is reliable; and are consistent with the priorities established the Clean Air Act (42 U.S.C. 7413) is amend- ‘‘(B) results in reduced emissions of global in the final strategy; and ed— warming pollutants. ‘‘(2) establish a pilot program that provides (1) in subsection (a)(3), by striking ‘‘or title ‘‘(2) DEVELOPING COUNTRY.— financial assistance for qualifying projects VI,’’ and inserting ‘‘title VI, or title VII,’’; ‘‘(A) IN GENERAL.—The term ‘developing (as determined by the Administrator) in ac- (2) in subsection (b)(2), by striking ‘‘or title country’ means any country not listed in cordance with— VI,’’ and inserting ‘‘title VI, or title VII,’’; Annex I of the United Nations Framework ‘‘(A) the final strategy submitted under (3) in subsection (c)— Convention on Climate Change, done at New subsection (c)(2)(B); and (A) in the first sentence of paragraph (1), York on May 9, 1992. ‘‘(B) any performance criteria developed by by striking ‘‘or title VI (relating to strato- ‘‘(B) INCLUSION.—The term ‘developing the Task Force under subsection (c)(3). spheric ozone control),’’ and inserting ‘‘title country’ may include a country with an ‘‘SEC. 717. PARAMOUNT INTEREST WAIVER. VI (relating to stratospheric ozone control), economy in transition, as determined by the ‘‘(a) IN GENERAL.—If the President deter- or title VII (relating to global warming pol- Secretary. mines that a national security emergency lution emission reductions),’’; and ‘‘(3) TASK FORCE.—The term ‘Task Force’ exists and, in light of information that was (B) in the first sentence of paragraph (3), means the Task Force on International not available as of the date of enactment of by striking ‘‘or VI’’ and inserting ‘‘VI, or Clean, Low-Carbon Energy Cooperation es- this title, that it is in the paramount inter- VII’’; tablished under subsection (b)(1). (4) in subsection (d)(1)(B), by striking ‘‘or ‘‘(b) TASK FORCE.— est of the United States to modify any re- VI’’ and inserting ‘‘VI, or VII’’; and ‘‘(1) ESTABLISHMENT.—Not later than 90 quirement under this title to minimize the (5) in the first sentence of subsection (f), by days after the date of enactment of this effects of the emergency, the President may, striking ‘‘or VI’’ and inserting ‘‘VI, or VII’’. title, the President shall establish a task after opportunity for public notice and com- force to be known as the ‘Task Force on ment, temporarily adjust, suspend, or waive (b) ESTABLISHMENT OF STANDARDS.—Sec- International Clean, Low Carbon Energy Co- any regulations promulgated pursuant to tion 202 of the Clean Air Act (42 U.S.C. 7521) operation’. this title to achieve that minimization. is amended— ‘‘(2) COMPOSITION.—The Task Force shall be ‘‘(b) CONSULTATION.—In making an emer- (1) by redesignating the second subsection composed of— gency determination under subsection (a), (f) (as added by section 207(b) of Public Law ‘‘(A) the Administrator and the Secretary the President shall, to the maximum extent 101–549 (104 Stat. 2482)) as subsection (n); and of State, who shall serve jointly as Co-Chair- practicable, consult with and take into ac- (2) by inserting after subsection (n) (as re- persons; and count any advice received from— designated by paragraph (1)) the following: ‘‘(B) representatives, appointed by the ‘‘(1) the Academy; ‘‘(o) GLOBAL WARMING POLLUTION EMISSION head of the respective Federal agency, of— ‘‘(2) the Secretary of Energy; and REDUCTIONS.— ‘‘(i) the Department of Commerce; ‘‘(3) the Administrator. ‘‘(1) IN GENERAL.—Not later than January ‘‘(ii) the Department of the Treasury; ‘‘(c) JUDICIAL REVIEW.—An emergency de- 1, 2010, the Administrator shall promulgate ‘‘(iii) the United States Agency for Inter- termination under subsection (a) shall be regulations in accordance with subsection (a) national Development; subject to judicial review under section 307. and section 707 to require manufacturers of ‘‘(iv) the Export-Import Bank; ‘‘SEC. 718. EFFECT ON OTHER LAW. motor vehicles to meet the vehicle emission ‘‘(v) the Overseas Private Investment Cor- ‘‘Nothing in this title— standards established under subsections (a) poration; ‘‘(1) affects the ability of a State to take and (b) of section 707. ‘‘(vi) the Office of United States Trade State actions to further limit climate ‘‘(2) EFFECTIVE DATE.—The regulations pro- Representative; and change (except that section 209 shall apply to mulgated under paragraph (1) shall take ef- ‘‘(vii) such other Federal agencies as are standards for vehicles); and fect with respect to motor vehicles sold by a determined to be appropriate by the Presi- ‘‘(2) except as expressly provided in this manufacturer beginning in model year dent. title— 2016.’’.

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This is a final attempt to recognize CIAL REVIEW.—Section 307 of the Clean Air retary of Agriculture, the Secretary of En- the public service of Christopher Act (42 U.S.C. 7607) is amended— ergy, and the Administrator of the Environ- Kangas, a junior firefighter of the (1) in subsection (b)(1)— mental Protection Agency (referred to in Brookhaven, PA, fire department, who, (A) in the first sentence— this section as the ‘‘Secretary’’), shall pre- (i) by striking ‘‘section 111,,’’ and inserting pare and submit to Congress a report on the on May 4, 2002, was struck by a car and ‘‘section 111,’’; and trade, economic, and technology innovation killed while riding his bicycle to the (ii) by inserting ‘‘any emission standard or effects of the failure of the United States to site of a fire emergency. requirement issued pursuant to title VII,’’ adopt measures that require or result in a re- I characterize the bill I introduce after ‘‘under section 120,’’; and duction in total global warming pollution today as a ‘‘final attempt’’ to recognize (B) in the second sentence, by striking emissions in the United States, in accord- the public service of Christopher ‘‘section 112,,’’ and inserting ‘‘section 112,’’; ance with the goals for the United States Kangas as a fallen firefighter because and under the United Nations Framework Con- previous legislative corrections have (2) in subsection (d)(1)— vention on Climate Change, done at New been blocked while the Kangas family (A) in subparagraph (T), by striking ‘‘, York on May 9, 1992. languishes in the lengthy appeals proc- and’’ at the end; SEC. 8. CLIMATE CHANGE IN ENVIRONMENTAL (B) in subparagraph (U), by striking the pe- IMPACT STATEMENTS. ess to overturn the U.S. Department of riod at the end and inserting ‘‘; and’’; and In any case in which a Federal agency pre- Justice’s, DOJ, denial of public safety (C) by adding at the end the following: pares an environmental impact statement or officer benefits. During both the 108th ‘‘(V) the promulgation or revision of any similar analysis required under the National and 109th Congresses, I introduced the regulation under title VII (relating to global Environmental Policy Act of 1969 (42 U.S.C. Christopher Kangas Fallen Firefighter warming pollution).’’. 4321 et seq.), the Federal agency shall con- Apprentice Act, S. 2695 and S. 491, re- SEC. 5. FEDERAL FLEET FUEL ECONOMY. sider and evaluate— spectively, designed to correct a flaw Section 32917 of title 49, United States (1) the impact that the Federal action or project necessitating the statement or anal- in the current definition of ‘‘fire- Code, is amended by adding at the end the fighter’’ under the Public Safety Offi- following: ysis would have in terms of net changes in ‘‘(3) NEW VEHICLES.— global warming pollution emissions; and cer Benefits Act. That legislation ‘‘(A) IN GENERAL.—Except as provided in (2) the ways in which climate changes may would clarify that all firefighters will subparagraph (B), each passenger vehicle affect the action or project in the short term be recognized as such ‘‘regardless of purchased, or leased for a period of at least and the long term. age, status as an apprentice or trainee, 60 consecutive days, by an Executive agency SEC. 9. CORPORATE ENVIRONMENTAL DISCLO- or duty restrictions imposed because of after the date of enactment of this paragraph SURE OF CLIMATE CHANGE RISKS. age or status as an apprentice or train- shall be as fuel-efficient as practicable. (a) REGULATIONS.—Not later than 2 years after the date of enactment of this Act, the ee’’ and applies retroactively to the ‘‘(B) WAIVER.—In an emergency situation, date of Christopher Kangas’ death in an Executive agency may submit to Congress Securities and Exchange Commission (re- a written request for a waiver of the require- ferred to in this section as the ‘‘Commis- 2002. However, this legislation has been ment under paragraph (1).’’. sion’’) shall promulgate regulations in ac- prevented from moving forward due to cordance with section 13 of the Securities SEC. 6. INTERNATIONAL NEGOTIATIONS AND objections that expansion of benefits TRADE RESTRICTIONS. Exchange Act of 1934 (15 U.S.C. 78m) direct- under the program would result in a se- It is the sense of the Senate that the ing each issuer of securities under that Act rious drain on the Treasury when, in to inform securities investors of the risks re- United States should act to reduce the fact, the Congressional Budget Office health, environmental, economic, and na- lating to— (1) the financial exposure of the issuer be- has estimated that this bill would cost tional security risks posed by global climate approximately $2 million in the first change, and foster sustained economic cause of the net global warming pollution growth through a new generation of tech- emissions of the issuer; and year of enactment and an average of nologies, by— (2) the potential economic impacts of glob- less than $500,000 in each year there- (1) participating in negotiations under the al warming on the interests of the issuer. after. (b) UNIFORM FORMAT FOR DISCLOSURE.—In United Nations Framework Convention on In addition to a legislative remedy, carrying out subsection (a), the Commission Climate Change, done at New York May 9, Christopher Kangas’ family has been shall enter into an agreement with the Fi- 1992, and leading efforts in other inter- nancial Accounting Standards Board, or an- pursuing the Federal benefit through national forums, with the objective of secur- other appropriate organization that estab- the U.S. Federal Claims Court. On ing participation of the United States in lishes voluntary standards, to develop a uni- March 27, 2006, the court ruled in favor agreements that— form format for disclosing to securities in- of the Kangas family ordering DOJ to (A) advance and protect the economic and vestors information on the risks described in national security interests of the United pay $250,000. However, on May 26, 2006, subsection (a). States; DOJ filed a notice of appeal to this de- (c) INTERIM INTERPRETIVE RELEASE.— (B) establish mitigation commitments by cision, further delaying recognition of (1) IN GENERAL.—As soon as practicable all countries that are major emitters of glob- after the date of enactment of this Act, the Christopher Kangas’ public service and al warming pollution, in accordance with the Commission shall issue an interpretive re- status as a fallen firefighter. principle of ‘‘common but differentiated re- lease clarifying that under items 101 and 303 Under Pennsylvania law, 14- and 15- sponsibilities’’; of Regulation S-K of the Commission under year-olds such as Christopher are per- (C) establish flexible international mecha- part 229 of title 17, Code of Federal Regula- mitted to serve as volunteer junior nisms to minimize the cost of efforts by par- tions (as in effect on the date of enactment firefighters. While they are not allowed ticipating countries; and of this Act)— to operate heavy machinery or enter (D) achieve a significant long-term reduc- (A) the commitments of the United States tion in global warming pollution emissions; burning buildings, the law permits to reduce emissions of global warming pollu- them to fill a number of important sup- and tion under the United Nations Framework (2) establishing a bipartisan Senate obser- Convention on Climate Change, done at New port roles, such as providing first aid. vation group, the members of which should York on May 9, 1992, are considered to be a In addition, the junior firefighter pro- be designated by the Chairman and Ranking material effect; and gram is an important recruitment tool Member of the Committee on Foreign Rela- (B) global warming constitutes a known for fire stations throughout the Com- tions of the Senate, and which should in- trend. monwealth. In fact, prior to his death clude the Chairman and Ranking Member of (2) PERIOD OF EFFECTIVENESS.—The inter- Christopher had received 58 hours of the Committee on Environment and Public pretive release issued under paragraph (1) Works of the Senate— training that would have served him shall remain in effect until the effective date well when he graduated from the junior (A) to monitor any international negotia- of the final regulations promulgated under tions on climate change; and subsection (a). program. (B) to ensure that the advice and consent It is clear to me that Christopher function of the Senate is exercised in a man- By Mr. SPECTER: Kangas was a firefighter killed in the ner to facilitate timely consideration of any S. 3699. A bill to provide private re- line of duty. Were it not for his status applicable treaty submitted to the Senate. lief; to the Committee on the Judici- as a junior firefighter and his prompt SEC. 7. REPORT ON TRADE AND INNOVATION EF- response to a fire alarm, Christopher FECTS. ary. Not later than 2 years after the date of en- Mr. SPECTER. Mr. President, I seek would still be alive today. Indeed, the actment of this Act, and annually thereafter, recognition today to introduce a bill to Brookhaven Fire Department, the Secretary of Commerce, in consultation provide private relief to the survivors Brookhaven Borough, and the Com- with the United States Trade Representa- of Christopher Kangas of Brookhaven, monwealth of Pennsylvania have all

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.100 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8060 CONGRESSIONAL RECORD — SENATE July 20, 2006 recognized Christopher’s public service tion first as Americans and not as par- will be located in Oregon. Certainly, it as a fallen public safety officer and tisans. can be if it chooses. provided the appropriate death benefits Today as part of our agenda for the Two of the pilots will target the un- to his family. 109th Congress, we introduce what was insured. States will be given the tools Yet while those closest to the trag- item No. 1 on our bipartisan agenda. they need to offer hybrid health insur- edy have recognized Christopher as a We have entitled it the Catastrophic ance plans that combine a primary and fallen firefighter, the Federal Govern- Health Coverage Promotion Act. It ad- preventive health care benefit with ment has not. The Department of Jus- dresses one of the most difficult chal- high-deductible catastrophic coverage. tice determined that Christopher lenges facing Congress, that of rising Private insurance providers will mar- Kangas was not eligible for benefits health care costs. Getting to a solution ket these plans to uninsured individ- based on a twofold interpretation of on this is daunting. It is not easy to uals and small businesses. the law. First, because he was deemed solve. Health care is the ultimate turf Creating affordable basic coverage as not acting within a narrow range of battle. But for decades health care options for the uninsured is a much duties at the time of his death that are costs have increased consistently and needed step to reduce the impact of un- the measured criteria to be considered little has been done to slow them. compensated care on our health sys- a ‘‘firefighter,’’ and therefore, was not While there are a number of factors tem. By doing this, we should be able a ‘‘public safety officer’’ for purposes of driving this growth, the uninsured play to stabilize, if not reduce, overall the Public Safety Officer Benefits Act. a major role in driving those costs up. health care costs. To help make this Second, that his death was deemed as Last year 46 million Americans re- coverage more affordable for low-in- not sustained in the ‘‘line of duty’’ be- ported lacking health insurance cov- come workers and families, the bill cause as a junior firefighter he was pro- erage. In our State of Oregon, 600,000 provides a graduated subsidy to reduce hibited from operating a hose on a lad- individuals, 17 percent of the popu- the costs of premiums. Individuals with der or entering a burning building. As lation, are uninsured. What some fail incomes at or below 200 percent of the a result of this determination, Chris- to realize is that the individuals with- Federal poverty level would be eligible topher’s family cannot receive a Fed- out health insurance coverage never- for extra help with coverage costs. eral line-of-duty benefit. In addition, theless get health coverage. They do so Many have asked why Senator Christopher is barred from taking his through emergency rooms, even when WYDEN and I would decide to focus on rightful place on the National Fallen they haven’t the money to pay. The re- catastrophic health coverage, consid- Firefighters Memorial in Emmitsburg, sult is billions of dollars of uncompen- ering that similar policy options al- MD. For a young man who dreamed of sated care incurred by State govern- ready exist and are made widely avail- being a firefighter and gave his life ments, community providers, physi- able. While that may be true, the Fed- rushing to a fire, keeping him off of the cians, and hospitals. eral Government is often in a unique memorial is a grave injustice. In 2006 alone, Oregon’s hospitals pro- position to help to grow existing mar- Any firefighter will tell you that vided a total of $500 million in uncom- kets. I believe the targeted funding in- there are many important roles to play pensated care, a 262-percent increase cluded in our bill will help make cata- in fighting a fire beyond operating the since 1995. Americans absorb the im- strophic coverage more affordable and hoses and ladders. Firefighting is a pact of uncompensated care by having more attractive to both individuals and team effort, and everyone in the to pay higher prices for health services small businesses. The solution in this Brookhaven Fire Department viewed overall. They are simply passed on in case does not necessarily have to be as young Christopher as a full member of the cost of our insurance policies. big as the problem. Small businesses have been hit hard by their team. As such, I support amend- While our proposal may not seem to rising health care costs as well. Most ing the Public Safety Officer Benefits be the ‘‘silver bullet,’’ the kind of re- report they would love to be able to Act to ensure that the Federal Govern- form our system so desperately needs, offer health care, but most small busi- ment will recognize Christopher it is nevertheless a step in the right di- nesses are trying to save their eco- Kangas and others like him as fire- rection. As is the case with many dif- nomic lives, not cover the health care fighters. However, considering the sig- ficult problems, change is made incre- of their employees. But they would like nificant opposition to that solution, I mentally. We are hopeful that the four to. am offering this private bill in honor of pilot projects created in this bill will If we do our work right, Senator Christopher Kangas to provide his fam- provide policymakers with much need- WYDEN and I may have come up with a ily with the $250,000 as ordered by the ed insight on how to better manage product that may help them to provide Federal Claims Court and to allow his catastrophic health costs. some coverage. If a small business had name to be included on the National At the end of the day, individuals Fallen Firefighter’s Memorial. extra protection in the form of a cata- strophic policy for their employees, it should not lose their homes just be- I urge my colleagues to support this cause they lose their health. Anyone— important legislation. might be able to extend the most basic kind of care, the kind that says: If you whether they are uninsured or have By Mr. SMITH (for himself and lose your health, you don’t lose your generous comprehensive coverage—can fall victim to a serious health care Mr. WYDEN): home; you don’t penalize everyone else S. 3701. A bill to determine successful in the business. problem. methods to provide protection from I know something of this, Mr. Presi- I am pleased that my colleague and I catastrophic health expenses for indi- dent, because having provided health were able to work together in a bipar- viduals who have exceeded health in- care for hundreds of employees, it was tisan fashion to develop a modest yet surance coverage for uninsured individ- the inexpensive comprehensive pack- workable solution to this longstanding uals, and for other purposes; to the age that overlaid those that ultimately and nagging problem. I urge my col- Committee on Finance. was tapped by one or two employees leagues to support the legislation, and Mr. SMITH. Mr. President, every every year that helped us, in a way, to I encourage the Senate’s leadership to Congress and a number I have served in keep health care costs more manage- move it quickly through the process. since 1997, nearly 10 years ago, Senator able. With that, I yield the floor to my col- WYDEN and I, my colleague from Or- The legislation Senator WYDEN and I league from Oregon, Senator RON egon, have put forward a bipartisan have developed will address the issue of WYDEN. agenda of things we could do as a Re- catastrophic health costs on all fronts. Mr. WYDEN. Mr. President, how publican and Democrat to advance the The Catastrophic Health Coverage Pro- much time remains under the Smith interests of our Nation and specifically motion Act creates at least four State- unanimous consent request for a half the interests of our State. It has been based pilot projects that will provide hour? a genuine pleasure to work with him in basic coverage to uninsured, as well as The PRESIDING OFFICER. Twenty- achieving much good for Oregon and additional protection for individuals two and a half minutes. trying to set a better example of how with significant out-of-pocket health Mr. WYDEN. Thank you, Mr. Presi- Republicans and Democrats can func- costs. One of these projects, we hope, dent.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.093 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8061 Mr. WYDEN. Mr. President, I have six people working there, and one of the 81st Congress, in 1945, and Harry come to the floor today to join my col- them gets sick, that essentially blows Truman. I have said let’s also work on league at this time to discuss the Cata- up the whole health premium structure that second track that involves getting strophic Health Coverage Promotion for all six of the employees. all Americans under the tent for essen- Act that Senator SMITH and I are intro- What we ought to look at is some- tial and affordable health care cov- ducing today. thing called reinsurance. Under rein- erage. Mr. President, first, I want to say surance, that employee who gets sick That obviously isn’t going to get how much I appreciate Senator GORDON could get a bit of help for their high done in the next 15 minutes. But if the SMITH. At a time when our citizens all bills through a modest role for govern- Senate, on a bipartisan basis, as Sen- across the land and in our home State ment, and if government steps in, in ator SMITH and I have sought to do on of Oregon believe there needs to be that kind of instance, you have an op- the catastrophic issue, and as Senator more bipartisanship, Senator SMITH portunity to hold down all of the costs HATCH and I have sought to do on a doesn’t just talk about it, he is consist- for the entire six-person firm. So we broader approach to look at health ently willing to meet me more than should have been looking at reinsur- care that works for all Americans—if halfway on critical issues, and he does ance years ago, but because Senator we team up and look at health care on that with other colleagues in the Sen- SMITH, who chairs the Senate Aging those two tracks, I think we can make ate. Committee, has been examining these a great contribution for our country. As we begin our time discussing this questions and has worked with me, now There are no costs going up in the legislation, I want to let him know how we are going to have a chance to tackle United States like medical bills. We much I appreciate the chance to co- it in a way that I think is going to give spent $1.7 trillion last year on health operate with him once again. As he us the opportunity to get the job done. care. There are 290 million Americans— stated, we did put the issue of cata- We are also very concerned about I guess we are approaching 300 million. strophic health coverage at the top of people who have no coverage at all. So When you divide $1.7 trillion by 290 our bipartisan agenda for the Senate what happens if you have no coverage million Americans, it comes to some- session. at all is folks walk into a hospital in thing like $25,000 that could be sent to What it comes down to, Mr. Presi- Oregon or in South Carolina, usually every family of four in America with dent, is that Senator SMITH and I be- they show up in the emergency room, the amount of money now being spent lieve it is a moral blot on our Nation and the hospital has to absorb those on health care. So while we are spending enough for a country as good and rich as ours costs. What we would do is give that money, my sense is that we are not to send millions of its citizens to bed at person who now has no coverage at all spending it in the right places. Once night fearing they will be wiped out if the possibility of actually buying some again, Senator SMITH has given us an a serious medical illness hits them. private coverage in the marketplace opportunity to think creatively about That is the reality. It is the reality for with a bit of a subsidy in order to be better ways to approach the use of the families who have no coverage at all, able to have coverage that would pick health care dollars. I was pleased when and it is the reality for families who up at least a portion of those bills that Senator SMITH suggested in our legisla- have some measure of coverage, say, the hospital is now absorbing. tion that we also make it possible to At the end of the day, those are the through an employer, but it doesn’t include a focus on health care preven- two principal kinds of instances we are stretch far enough. tion. We are not doing enough with Senator SMITH and I want, in a bipar- facing—folks who have some coverage health care prevention in this country. tisan way, to tackle both of those through a private employer, but it The Medicare Program shows that kinds of concerns. That is why we have doesn’t stretch far enough, and folks pretty well. Medicare Part A, for exam- put forward the legislation we intro- who don’t have any coverage at all. ple, will pay huge checks for senior duced today. I think now is an ideal Under that approach, we would like to citizens’ hospital bills, but Medicare time for bipartisanship on the cata- make it possible for them to get into Part B pays virtually nothing for pre- strophic health coverage issue. the private insurance market, protect vention to keep people well. That If you look back over the last few them from catastrophic illness. We makes no sense. We need a sharper years, Senator KERRY, in the 2004 Pres- think we can do it with a modest sub- focus on health care prevention, and idential campaign, had an excellent sidy coming from government. one of the things that I think is attrac- proposal with respect to catastrophic My sense is that we are now looking tive about Senator SMITH’s leadership at health care on two tracks in our coverage, and I said so in the course of on this issue is that he has said even in that campaign. But I also said at the country. The first track is a track that the context of looking at catastrophic time that I thought our distinguished suggests we can take steps right now in health care, let’s put a sharper focus on majority leader, Senator FRIST, also areas like catastrophic coverage to prevention. We are going to make it had a good catastrophic coverage pro- protect our citizens. There are other possible in this legislation to do that. posal. You could debate the various ideas I have advanced during this Con- I note we have other colleagues on merits of the Kerry proposal and the gress. For example, Senator SNOWE and the floor. I have secured time to focus Frist proposal—which approach in- I have now gotten a majority of Sen- on the Voting Rights Act legislation volved a little more government, which ators to agree with our proposal to lift later in the afternoon, but I am very approach involved the private sector— the restriction so Medicare can bargain pleased to have the opportunity to talk but at the end of the day, for the pur- and hold down the costs. That, like the for a few minutes about the Cata- poses of government work, they were question of catastrophic coverage, is a strophic Health Coverage Promotion pretty darn similar. step you can take right now. Let’s pro- Act Senator SMITH and I are intro- So when Senator SMITH and I sat tect our citizens from the catastrophic ducing today. We have focused on a down after the 2004 election, we said illness and let’s hold down the costs of number of issues in a bipartisan fash- let’s finally get this done. Democrats medicine. Those are practical, bipar- ion over our years in the Senate, but and Republicans have been talking for tisan approaches that can be taken this has the potential to be the biggest years about how to make sure that all today. We ought to pursue them and as it relates to the needs of our citizens our citizens have a safety net under get them done. at home. them so that they will not get wiped I also think there is another track to We want to make sure when folks go out from medical illness. We settled on health care. I noticed that Senator to bed at night, they don’t have to fear this approach, which we thought would HATCH was on the Senate floor. He and they are going to be wiped out finan- give us the opportunity to try some I were the authors of the legislation cially by a serious medical illness. This fresh, creative ideas for protecting our creating the Citizens’ Health Care legislation moves us one step closer to- citizens. Working Group that is going to look at ward the goal. We hope many col- Let me give an example of what hap- opportunities to make sure that all leagues on both sides of the aisle will pens in, for example, South Carolina, Americans have decent, affordable cov- want to support the legislation. Oregon, or anywhere else in this coun- erage. We have only been on that issue Mr. WYDEN. Mr. President, Senator try. If you have a small business with for more than 60 years—going back to SNOWE and I today are introducing the

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.024 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8062 CONGRESSIONAL RECORD — SENATE July 20, 2006 Medicare Prescription Drug Lifeline person riding in a vehicle used to SECTION 1. SHORT TITLE. Act. This legislation provides a solu- transport these workers. This Act may be cited as the ‘‘Farm and tion for those seniors falling into the Today, many migrant workers travel Forestry Worker Transportation Safety Act’’. coverage gap, also known as the dough- to their jobs in dangerous and unsafe SEC. 2. SEATS AND SEAT BELTS FOR MIGRANT nut hole of the Medicare prescription conditions. It is not uncommon for AND SEASONAL AGRICULTURAL drug benefit. The doughnut hole occurs these workers to ride in overcrowded WORKERS. when the spending for a senior’s drug vans and trucks while sitting on bench- (a) SEATS.—Except as provided in sub- expenses reaches $2,250: at the point, es and buckets with no access to seat- section (d), in promulgating vehicle safety the senior is on their own until their belts. standards under the Migrant and Seasonal spending for prescription drugs reaches According to the Bureau of Labor Agricultural Worker Protection Act (29 a total of $5,100, where the benefit U.S.C. 1801 et seq.) for the transportation of Statistics, 78 agricultural workers lost migrant and seasonal agricultural workers picks up again. The Kaiser Family their lives and 440 were injured in by farm labor contractors, agricultural em- Foundation estimated that nearly 7 transportation accidents in 2004. ployers or agricultural associations, the Sec- million seniors will fall into the cov- I would like to take a moment to retary of Labor shall ensure that each occu- erage gap this year. share with you just a few of the acci- pant or rider in, or on, any vehicle subject to Seniors who enter this ‘‘no man’s dents that have resulted from the lack such standards is provided with a seat that is land’’ of spending face the same prob- of adequate safety regulations for these a designated seating position (as such term lems seniors faced before the drug ben- workers: is defined for purposes of the Federal motor vehicle safety standards issued under chap- efit even began: they skip doses, they In December of 2005, two Guatemalan don’t take all their medicine to make ter 301 of title 49, United States Code). forest workers were killed when their (b) SEAT BELTS.—Each seating position re- it stretch, and they are forced to vehicle crashed driving off icy roads in quired under subsection (a) shall be equipped choose between their food and fuel Washington. Five Guatemalan forest with an operational seat belt, except that costs and their prescription drug costs. workers were killed in the same man- this subsection shall not apply with respect This legislation would take three ner the previous year. to seating positions in buses that would oth- steps to deal with this problem: First, In June of 2004, 2 migrant workers erwise not be required to have seat belts the Secretary of HHS would be re- under the Federal motor vehicle safety were killed in Port St. Lucie, FL, when standards. quired to let seniors know they are ap- their overcrowded van carrying 11 peo- proaching the coverage gap. Second, it (c) PERFORMANCE REQUIREMENTS.— ple rolled over on Interstate 95. Two (1) IN GENERAL.—Not later than 6 months would allow seniors, when they are no- months later, 9 citrus workers were after the date of enactment of this Act, the tified that they are reaching the cov- killed in Fort Pierce when their 15-pas- Secretary of Transportation, in consultation erage gap, to switch plans to avoid the senger van rolled over and ejected all with the Secretary of Labor, shall issue min- gap. Finally, the legislation requires 19 passengers. imum performance requirements for the the Government Accountability Office In September 2002, 14 forestry work- strength of seats and the attachment of to examine ways in which the benefit seats and seat belts in vehicles that are con- ers were killed when their van trans- verted, after being sold for purposes other could be redesigned to eliminate the porting them to work toppled off a gap without increasing Federal spend- than resale, for the purpose of transporting bridge in Maine. migrant or seasonal agricultural workers. ing. Together, these provisions will In August 1999, 13 tomato field work- The requirements shall provide a level of give seniors a lifeline to coverage. ers were killed when their van safety that is as close as practicable to the Senator SNOWE and I both voted for slammed into a tractor-trailer in Fres- level of safety provided for in a vehicle that the legislation that created the Medi- no County, CA. Most of the victims is manufactured or altered for the purpose of care prescription drug benefit. When transporting such workers before being sold were riding on three benches in the for purposes other than resale. we did so, we pledged that we would back of the van. continue to work to improve the ben- (2) EXPIRATION.—Effective on the date that As you can see, this issue does not is 7 years after the date of enactment of this efit. Senator SNOWE and I have teamed just affect my home State of Cali- Act, any vehicle that is or has been con- up together on many occasions to try fornia. It is a problem that requires na- verted for the purpose of transporting mi- to reduce the cost of the prescription tional attention. Congress needs to grant or seasonal agricultural workers shall drug program by giving the Secretary take action to ensure these workers provide the same level of safety as a vehicle the same power other Government offi- that is manufactured or altered for such pur- safe travel to and from their jobs. My cials have to bargain for better prices. pose prior to being sold for purposes other bill would seek to provide these work- Our legislation has won a majority of than resale. ers with a designated seat and oper- votes in the Senate, and we intend to (d) RULE OF CONSTRUCTION.—Nothing in ating seatbelt. continue to press for that power. this section shall be construed to alter or This legislation would also address modify the regulations contained in section The latest effort is aimed at another the issue of converted vehicles. The bill 500.103, or the provision pertaining to trans- shortcoming in the law: finding a way would direct the Department of Trans- portation that is primarily on private roads to help seniors avoid falling into the portation to develop interim seat and in section 500.104(l), of title 29, Code of Fed- coverage gap. Senator SNOWE and I be- eral Regulations, as in effect on the date of seatbelt safety standards for vehicles lieve that our legislation will help sen- enactment of this Act. that have been converted for the pur- iors a straightforward way to avoid the (e) DEFINITIONS.—The definitions contained pose of transporting migrant workers. gap. in section 3 of the Migrant and Seasonal Ag- Owners and operators of these vehicles Congress needs to address both these ricultural Worker Protection Act (29 U.S.C. would have 7 years to make the nec- 1802) shall apply to this section. issues and we will continue our strong essary improvements so that their ve- (f) COMPLIANCE DATE.—Not later than 1 commitment to seniors by working to hicles would meet the same safety year after such date of enactment, and ex- improve the drug benefit. standards as new vehicles. cept as provided in subsection (c)(2), all vehi- cles subject to this Act shall be in compli- By Mrs. FEINSTEIN (for herself I hope my colleagues will join me in ance with the requirements of this Act. and Ms. SNOWE): standing up for the safety of our Na- S. 3702. A bill to provide for the safe- tion’s migrant workforce. By Ms. SNOWE (for herself and ty of migrant seasonal agricultural Mr. President, I request that the text Mr. WYDEN): workers; to the Committee on Health, of this legislation appear immediately S. 3703. A bill to provide for a tem- Education, Labor, and Pensions. following this statement in the CON- porary process for individuals entering Mrs. FEINSTEIN. Mr. President, I GRESSIONAL RECORD. the Medicare coverage gap to switch to rise today to introduce legislation with There being no objection, the text of a plan that provides coverage in the Senator SNOWE that will provide our the bill was ordered to be printed in gap; to the Committee on Finance. Nation’s migrant agricultural and for- the RECORD, as follows: Ms. SNOWE. Mr. President, I am est workers with a safe ride to work. S. 3702 pleased to be here today with my col- The Farm and Forestry Worker Trans- Be it enacted by the Senate and House of Rep- league and friend, Senator WYDEN, with portation Safety Act would require a resentatives of the United States of America in whom I have worked for many years to designated seat and seatbelt for each Congress assembled, achieve affordable prescription drug

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.092 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8063 coverage for our seniors. We have cer- That solution is a simple one—to allow LAUTENBERG to introduce Danielle’s tainly come a long way from back those facing a coverage gap to change Act, an important piece of legislation where we were nearly 10 years ago. to a plan which would offer continuous that I know will save countless lives. I Yet much remains to be done. As we coverage. That solution has simply not also recognize Representative RUSH have seen, the implementation of the been employed and that compels us to HOLT, who has championed the bill in Medicare Part D benefit has been dif- act today, to protect our seniors. the House and has been a tireless advo- ficult, and there is no doubt we are The bill I rise to introduce today— cate for individuals with disabilities. still on the road to a sustainable ben- the Medicare Prescription Drug Life- This bill is named in memory of a efit which our seniors can easily navi- line Act—truly gives a second chance young woman from New Jersey, gate. The complexity of the benefit is to those who most need this coverage. Danielle Gruskowski, whose life was certainly posing a hazard to many of Under this legislation we require that cut tragically short by a failure to call our seniors. CMS notify those who are approaching 9–1–1. The great State of New Jersey Today we face a crisis as millions of the coverage gap and give them an op- has already passed Danielle’s Law, and seniors are entering a gap in their pre- tion of making a one-time plan change it is time for Congress to act as well. scription drug coverage—the so-called in order to obtain essential drug cov- In order to understand the impor- doughnut hole. In fact, when a senior’s erage. Under our legislation, bene- tance of this legislation, I would like drug costs exceed $2,250 this year, they ficiaries could change to any plan to share Danielle’s story. She was born will no longer receive benefits until which would provide continuous cov- December 6, 1969, to Diane and Doug their spending reaches $5,100. That erage. That includes drug plans which Gruskowski and raised in Carteret, NJ. leaves seniors with a full $2,850 of drug provide generic or brand-name drugs as Danielle was developmentally disabled costs to absorb before they receive a well as Medicare Advantage plans of- and diagnosed with Rett Syndrome, a single cent of coverage. And they must fering comprehensive drug coverage. neurological disorder that causes a continue to pay premiums. The Kaiser In a few States, there is simply not delay or regression in development, in- Foundation has reported that an esti- an option which allows a beneficiary to cluding speech, hand skills, and coordi- mated 7 million seniors will be affected obtain continuous brand-name drug nation. While Danielle needed help by this coverage gap. How will they coverage. I note that in my State of with daily activities, she managed to continue to receive essential medica- Maine, as well as in New Hampshire lead a full and active life. As a young tions? and Alaska, such coverage simply can- adult, Danielle moved to a group home Earlier this year, I offered legislation not be obtained. So this legislation di- to experience the positive benefits of which would have addressed this issue rects the Secretary to provide an op- independent living. Tragically, on No- by allowing every beneficiary to tion for beneficiary enrollment in a vember 5, 2002, Danielle passed away at change their plan once this year so plan with brand-name drug coverage the age of 32 because no one in the that those beneficiaries who realized outside their region. That is simply group home called 9–1–1 when she was that they require a more comprehen- fair, and it is essential to ensure that clearly in need of emergency medical sive plan could choose to change to an we don’t see the doughnut hole threat- attention. appropriate plan. We know that select- en the health of our seniors. So that no other mother would lose ing drug coverage was a challenging We know that this coverage gap is an her child in such a tragic cir- process for seniors, all the more so as issue we simply must address. Seniors cumstance, Danielle’s mother and her the deadline loomed and they struggled need to be able to plan and budget and aunt, Robin Turner, developed a strong to get assistance. count on a predictable monthly cost coalition of supporters and worked Many may have made a good deci- for their essentials of life. When the with their State representatives to de- sion, but their circumstances may have Congress adopted Part D 3 years ago, velop and pass what we know as since changed significantly. How many we said we never wanted to make sen- Danielle’s Law. Like the New Jersey of us know of a senior who has had a iors again choose between buying food law, my bill will require staff working major illness or hospitalization just and buying essential medicines. Yet with individuals who have a develop- since January? Most seniors in that without addressing the doughnut hole mental disability or traumatic brain situation will have changes in their now, we will put seniors in that exact injury to call emergency services in medications as a result and often will position again. the event of a life-threatening situa- use more prescription drugs and likely So this legislation also asks the GAO tion. The legislation would raise the more expensive ones as well. to undertake a study of options for standard of care by improving staff Finally, with coverage available, eliminating the doughnut hole—look- training and ensuring that individuals there is little doubt that physicians ing at ways to level the benefit struc- with developmental disabilities get were encouraged to prescribe medica- ture—including how we might do so emergency care when they need it. tions that at last their patients could without increasing federal expendi- All Americans deserve an advocate, afford—drugs which could prevent seri- tures. I note that one might be able to and today I am speaking for those who ous illness, such as heart disease. Yet accomplish this, without changing the often cannot speak for themselves. I now, just as seniors see the possibility beneficiary’s copayment rates appre- am proud to be an advocate for individ- of a future with better health, the cost ciably. Obviously, if we saw some im- uals with disabilities, and I am proud of that critical treatment may be provement in the pricing of drugs, that to be an advocate for the families in unsustainable. So millions are facing certainly would help get us there. New Jersey who are counting on safe, the dilemma we have seen before—cut- Today our most critical need is to secure, and healthy independent living ting doses or even discontinuing medi- avoid the harm this coverage gap environments for their loved ones with cations. This must not occur again. poses, and I call on my colleagues to disabilities. I also would like to recog- As many medical experts will tell join us in this effort—to preserve drug nize the hard-working caregivers and you, to stop taking essential medica- access for our seniors so both they, ad staff who help provide for the needs of tions or to begin rationing their use our Medicare system, realize the bene- those with disabilities. They show will pose serious safety risks to many fits of modern medicine. their compassion every day when they of our beneficiaries. That undermines show up for work, performing one of the benefits we should see from Part By Mr. MENENDEZ (for himself the most difficult but rewarding jobs in D—improved health and decreased and Mr. LAUTENBERG): our society—caring for someone’s health expenditures. S. 3704. A bill to amend title XIX of mother, father, son, or daughter. These So Senator WYDEN and I are here to the Social Security Act to require staff caregivers play such a critical role in offer a solution—one which, I might working with developmentally disabled our society and their contributions are add, both HHS Secretary Michael individuals to call emergency services to be commended. By raising awareness Leavitt and Dr. Mark McClellan, the in the event of a life-threatening situa- and education about Danielle’s Law, Administrator of the Centers for Medi- tion; to the Committee on Finance. my hope is that more caregivers will care and Medicaid Services, have pre- Mr. MENENDEZ. Mr. President, I realize how important it is to call 9–1– viously suggested they would pursue. rise today with my good friend Senator 1 for all life-threatening situations and

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.102 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8064 CONGRESSIONAL RECORD — SENATE July 20, 2006 that better training and support will be schools in meeting the needs of these SEC. 2. REQUIREMENTS UNDER THE MEDICAID PROGRAM FOR ITEMS AND SERV- provided to staff across the country. children. ICES FURNISHED IN OR THROUGH I am introducing this legislation to This year, however, the Bush admin- AN EDUCATIONAL PROGRAM OR remember Danielle and to make sure istration has declared its intent to end SETTING TO CHILDREN, INCLUDING no other family or community experi- Medicaid reimbursements to schools CHILDREN WITH DEVELOPMENTAL, PHYSICAL, OR MENTAL HEALTH ences the pain and suffering of losing a for the support services they need in NEEDS. loved one to an avoidable death. I hope order to provide medical and health-re- (a) REQUIREMENTS FOR PAYMENTS.—Section my colleagues will join me in sup- lated services to disabled children. The 1903 of the Social Security Act (42 U.S.C. porting this important bill. administration is saying ‘‘NO’’ to any 1396b) is amended— Mr. President, I ask unanimous con- further financial help to Medicaid-cov- (1) in subsection (i)— sent that the bill be printed in the ered disabled children who need spe- (A) in paragraph (22), by striking the pe- riod at the end and inserting ‘‘; or’’; and RECORD. cialized transportation to obtain their (B) by inserting after paragraph (22), the There being no objection, the text of health services at school. It is saying following new paragraphs: the bill was ordered to be printed in ‘‘NO’’ to any legitimate reimbursement ‘‘(23) with respect to any amount expended the RECORD, as follows: to the school for costs incurred for ad- by, or on behalf of, the State (including by a S. 3704 ministrative duties related to Medicaid local educational agency in the State or the Be it enacted by the Senate and House of Rep- services. lead agency in the State with responsibility resentatives of the United States of America in It’s bad enough that Congress and the for administering part C of the Individuals with Disabilities Education Act) for an item Congress assembled, administration have not kept the com- SECTION 1. SHORT TITLE. or service provided under the State plan in mitment to ‘‘glide-path’’ funding of or through an educational program or set- This Act may be cited as the ‘‘Danielle’s IDEA needs in 2004. Now the adminis- Act’’. ting, or for any administrative cost incurred tration proposes to deny funding to to carry out the State plan in or through SEC. 2. REQUIREMENT OF STAFF WORKING WITH such a program or setting, or for a transpor- DEVELOPMENTALLY DISABLED INDI- schools under the federal program that VIDUALS TO CALL EMERGENCY supports the health needs of disabled tation service for an individual who has not SERVICES IN THE EVENT OF A LIFE- children. It makes no sense to make it attained age 21, unless the requirements of THREATENING SITUATION. so difficult for disabled children to subsection (y) are met; or ‘‘(24) with respect to any amount expended (a) REQUIREMENT.—Section 1902(a) of the achieve in school—both under IDEA Social Security Act (42 U.S.C. 1396a(a)) is for an item or service provided under the amended— and the No Child Left Behind. State plan in or through an educational pro- (1) in paragraph (69), by striking ‘‘and’’ at At stake is an estimated $3.6 billion gram or setting, or for any administrative the end; in Medicaid funds over the next 5 cost incurred to carry out the plan in or (2) in paragraph (70), by striking the period years. Such funding is essential to help through such a program or setting by, or on at the end and inserting ‘‘; and’’; and identify disabled children and connect behalf of, the State through an agency that (3) by inserting after paragraph (70) the fol- them to services that can meet their is not the State agency with responsibility lowing new paragraph: for administering the State plan (including a special health and learning needs dur- local educational agency in the State or the ‘‘(71) provide, in accordance with regula- ing the school day. tions of the Secretary, that direct care staff lead agency in the State with responsibility providing health-related services to a indi- This decision by the administration for administering part C of the Individuals vidual with a developmental disability or follows years of resisting Medicaid re- with Disabilities Education Act) and that en- traumatic brain injury are required to call imbursements to schools that provide ters into a contract or other arrangement the 911 emergency telephone service or these services, without clear guidance with a person or entity for or in connection equivalent emergency management service on how schools should appropriately with the collection or submission of claims for assistance in the event of a life-threat- seek reimbursement. for such an expenditure or cost, unless the ening emergency to such individual and to agency— The ‘‘Protecting Children’s Health in ‘‘(A) if not a public agency operating a con- report such call to the appropriate State Schools Act’’ recognizes the impor- agency or department.’’. sortium with other public agencies, uses a (b) EFFECTIVE DATE.—The amendments tance of schools as a site of delivery of competitive bidding process or otherwise to made by subsection (a) take effect on Janu- health care. It ensures that children contract with such person or entity at a rea- ary 1, 2007. with disabilities can continue to obtain sonable rate commensurate with the services health services during the school day. performed by the person or entity; and By Mr. KENNEDY (for himself, The bill also provides for clear and con- ‘‘(B) requires that any fees (including any Mr. HARKIN Mr. JEFFORDS, Mr. sistent guidelines to be established, so administrative fees) to be paid to the person or entity for the collection or submission of BINGAMAN, Mrs. CLINTON, Mrs. that schools can be held accountable such claims are identified as a non-contin- MURRAY, Mr. REED, Mr. DODD, and seek appropriate reimbursement. gent, specified dollar amount in the con- Ms. MIKULSKI, Mr. DAYTON, Ms. The legislation has the support of tract.’’; and STABENOW, and Mr. SCHUMER): over 60 groups, including parents, (2) by adding at the end the following new S. 3705. A bill to amend title XIX of teachers, principals, school boards, and subsection: the Social Security Act to improve re- health care providers—people who ‘‘(y) REQUIREMENTS FOR FEDERAL FINAN- quirements under the Medicaid pro- work with children with disabilities CIAL PARTICIPATION FOR FURNISHING MEDICAL ASSISTANCE (INCLUDING MEDICALLY NEEDED gram for items and services furnished every day and know what is needed to TRANSPORTATION) IN OR THROUGH AN EDU- in or through an educational program facilitate their growth, development, CATIONAL PROGRAM OR SETTING.—For pur- or setting to children, including chil- and long-term success. poses of subsection (i)(23), the requirements dren with developmental, physical, or I urge all of our colleagues to join us of this subsection are the following: mental health needs, and for other pur- in supporting these children across the ‘‘(1) APPROVED METHODOLOGY FOR EXPENDI- poses; to the Committee on Finance. Nation, by providing the realistic sup- TURES FOR BUNDLED ITEMS, SERVICES, AND AD- Mr. KENNEDY. Mr. President, it is a port their schools need in order to MINISTRATIVE COSTS.— privilege to join my Senate and House meet these basic health care require- ‘‘(A) IN GENERAL.—In the case of any colleagues in introducing the Pro- amount expended by, or on behalf of, the ments of their students. State for a bundle of individual items, serv- tecting Children’s Health in Schools Mr. KENNEDY. I ask unanimous con- ices, and administrative costs under the Act of 2006. This bill will ensure that sent that the attached bill be printed State plan that are furnished in or through the Nation’s 7 million school children into the RECORD. an educational program or setting, the ex- with disabilities will have continued There being no objection, the mate- penditure must be made in accordance with access to health care in school. rial was ordered to be printed in the a methodology approved by the Secretary In 1975, the Nation made a commit- RECORD, as follows: which— ment to guarantee children with dis- ‘‘(i) provides for an itemization to the Sec- S. 3705 retary in a manner that ensures account- abilities equal access to education. For Be it enacted by the Senate and House of Rep- these children to learn and thrive in ability of the cost of the bundled items, serv- resentatives of the United States of America in ices, and administrative costs and includes schools, the integration of education Congress assembled, payment rates and the methodologies under- with health care is of paramount im- SECTION 1. SHORT TITLE. lying the establishment of such rates; portance. Coordination with Medicaid This Act may be cited as the ‘‘Protecting ‘‘(ii) has a sound basis for determining makes an immense difference to Children’s Health in Schools Act of 2006’’. such payment rates and methodologies; and

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‘‘(iii) matches payments for the bundled (b) REQUIREMENTS FOR THE PROVISION OF cy, or the lead agency in the State with re- items, services, and administrative costs ITEMS AND SERVICES THROUGH MEDICAID MAN- sponsibility for administering part C of the with corresponding items and services pro- AGED CARE ORGANIZATIONS.— Individuals with Disabilities Education Act; vided and administrative costs incurred (1) CONTRACTUAL REQUIREMENTS.—Section and under the State plan. 1903(m)(2) of the Social Security Act (42 ‘‘(II) prevent duplication of services and ‘‘(B) RULE OF CONSTRUCTION.—Nothing in U.S.C. 1396b(m)(2)) is amended— payments under this title with respect to subparagraph (A) shall be construed as— (A) in subparagraph (A), by inserting after items and services covered under the State ‘‘(i) requiring a State to establish and clause (i) the following new clause: plan that are furnished in or through an edu- apply such a methodology through a State ‘‘(ii) the contract with the entity satisfies cational program or setting to such individ- plan amendment; the requirements of subparagraph (C) (relat- uals enrolled under the contract.’’. ‘‘(ii) requiring a State with such an ap- ing to payment for, and coverage of, such (2) PROHIBITION ON DUPLICATIVE PAY- proved methodology to obtain the approval services under an individual’s education pro- MENTS.— of the Secretary for any increase in rates of gram, an individualized family service plan, (A) IN GENERAL.—Section 1903(i) of the So- reimbursement that are established con- or when furnished in or through an edu- cial Security Act (42 U.S.C. 1396b(i)), as sistent with such methodology; or cational program or setting);’’; and amended by subsection (a), is amended— ‘‘(iii) prohibiting the Secretary from re- (B) by inserting after subparagraph (B), the (i) in paragraph (24)(B), by striking the pe- viewing a State’s costs for the individual following new subparagraph: riod and inserting ‘‘; or’’; and ‘‘(C) For purposes of clause (ii) of subpara- items, services, and administrative costs (ii) by inserting after paragraph (24) the graph (A), the requirements of this subpara- following new paragraph: that make up a proposed bundle of items, graph are the following: services, and costs as a condition of approval ‘‘(25) with respect to any amount expended ‘‘(i) The contract with the entity specifies under the State plan for an item, service, or of the methodology that the State will es- the coverage and payment responsibilities of tablish to determine the rate of reimburse- administrative cost for which payment is or the entity in relation to medical assistance may be made directly to a person or entity ment for such bundle of items, services, and for items and services that are covered under costs. (including a State, local educational agency, the State plan and included in the contract, or the lead agency in the State with respon- ‘‘(2) APPLICATION OF MARKET RATE FOR INDI- when such items and services are furnished sibility for administering part C of the Indi- VIDUAL ITEMS, SERVICES, ADMINISTRATIVE in or through an educational program or set- viduals with Disabilities Education Act) COSTS.—In the case of an amount expended ting. under the State plan if payment for such by, or on behalf of, the State for an indi- ‘‘(ii) In any case in which the entity is ob- item, service, or administrative cost was in- vidual item, service, or administrative cost ligated under the contract to pay for items cluded in the determination of a prepaid under the State plan that is furnished in or and services covered under the State plan, capitation or other risk-based rate of pay- through an educational program or setting, the contract with the entity requires the en- ment to an entity under a contract pursuant the State must establish that the amount tity to— to section 1903(m).’’. expended— ‘‘(I) enter into a provider network service (B) CONFORMING AMENDMENT.—The third ‘‘(A) does not exceed the amount that agreement with the qualified provider or pro- would have been paid for the item, service, viders furnishing such items or services in or sentence of section 1903(i) of such Act (42 or administrative cost if the item or service through an educational program or setting; U.S.C. 1396b(i)), as amended by subsection was provided or the cost was incurred by an ‘‘(II) promptly pay such providers at a rate (a)(1)(C), is amended by striking ‘‘and (24)’’ entity in or through a program or setting that is at least equal to the rate that would and inserting ‘‘(24), and (25)’’. other than an educational program or set- be paid to a provider furnishing the same (c) ALLOWABLE SHARE OF FFP WITH RE- ting; or service in a non-educational program or set- SPECT TO PAYMENT FOR SERVICES FURNISHED ‘‘(B) if the amount expended for the item, ting; and IN OR THROUGH AN EDUCATIONAL PROGRAM OR service, or administrative cost is higher than ‘‘(III) treat as final and binding determina- SETTING.—Section 1903(w)(6) of the Social Se- the amount described in subparagraph (A), tions by State licensed providers or pro- curity Act (42 U.S.C. 1396b(w)(6)) is amend- was necessary. viders eligible for reimbursement under the ed— ‘‘(3) TRANSPORTATION SERVICES.— State plan working in an educational pro- (1) in subparagraph (A), by inserting ‘‘sub- ‘‘(A) IN GENERAL.—In the case of an gram or setting regarding the medical neces- ject to subparagraph (C),’’ after ‘‘sub- amount expended by, or on behalf of, the sity of an item or service. section,’’; and State for furnishing in or through an edu- ‘‘(iii) The contract with the entity speci- (2) by adding at the end the following new cational program or setting a transportation fies the obligation of the entity to ensure subparagraph: service for an individual who has not at- that providers of items or services that are ‘‘(C) In the case of any Federal financial tained age 21 and who is eligible for medical furnished in or through an educational pro- participation paid under subsection (a) with assistance under the State plan, the State gram or setting refer children furnished such respect to an expenditure for an item or mush establish that— items or services to the entity and its pro- service provided under the plan, or for any ‘‘(i) a medical need for transportation is vider network for additional services that administrative cost incurred to carry out the specifically listed in the individualized edu- are not available in or through such program plan, that is furnished in or through an edu- cation program for the individual estab- or setting but that are covered under the cational program or setting, the State shall lished pursuant to part B of the Individuals State plan and included in the entity’s con- provide that— with Disabilities Education Act or, in the tract with the State. ‘‘(i) if 0 percent of the expenditure was case of an infant or a toddler with a dis- ‘‘(iv) The contract with the entity re- made or the cost was incurred directly by ability, in the individualized family service quires, with respect to payment for, and cov- the State, the State shall pay the local edu- plan established for such infant or toddler erage of, services for which the entity is re- cational agency in the State or the lead pursuant to part C of such Act, or is fur- sponsible for, that the entity must dem- agency in the State with responsibility for nished to the individual pursuant to section onstrate that the entity has established pro- administering part C of the Individuals with 504 of the Rehabilitation Act of 1973; cedures to— Disabilities Education Act that made the ex- ‘‘(ii) the vehicle used to furnish such trans- ‘‘(I) ensure coordination between the penditure or incurred the cost (and, if appli- portation service is specially equipped or State, a local educational agency and the cable, any consortium of public agencies staffed to accommodate individuals who lead agency in the State with responsibility that incurred costs in connection with the have not attained age 21 with developmental, for administering part C of the Individuals collection or submission of claims for such physical, or mental health needs; and with Disabilities Education Act with respect expenditures or costs), 100 percent (divided, ‘‘(iii) payment for such service is made to those services for an individual who has as appropriate, between such agencies and only for costs directly attributable to costs not attained age 21 and who is eligible for such a consortium, if applicable) of the associated with transporting individuals who medical assistance under the State plan (in- amount of the Federal financial participa- have not attained age 21 and whose develop- cluding an individual who has an individual- tion; and mental, physical, or mental health needs re- ized education program established pursuant ‘‘(ii) if 100 or any lesser percent of the ex- quire transport in such a vehicle in order to to part B of the Individuals with Disabilities penditure was made or the cost was directly receive the services for which medical assist- Education Act or otherwise or an infant or incurred by the State, the State shall retain ance is provided under the State plan. toddler with a disability who has an individ- only such percentage of the Federal financial ‘‘(B) RULE OF CONSTRUCTION.—Nothing in ualized family service plan established pur- participation paid for the expenditure or cost subparagraph (A) shall be construed as modi- suant to part C of such Act) which are re- as does not exceed the percentage of such ex- fying the obligation of a State to ensure that quired for the individual under the individ- penditure or cost that was funded by State an individual who has not attained age 21 ual’s education program or the individual- revenues that are dedicated solely for the and who is eligible for medical assistance ized family service plan, or are furnished to provision of such medical assistance (and under the State plan receives necessary the individual pursuant to section 504 of the shall pay out of any remaining percentage of transportation services to and from a pro- Rehabilitation Act of 1973 and which are not such Federal financial participation, the per- vider of medical assistance in or through a specifically included in the services required centage due to the local educational agency program or setting other than an edu- under the contract, but are the responsi- in the State or the lead agency in the State cational program or setting.’’. bility of the State, a local educational agen- with responsibility for administering part C

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of the Individuals with Disabilities Edu- ‘‘(A) the State utilizes an all-inclusive pay- (g) UNIFORM METHODOLOGY FOR EDU- cation Act that made or incurred the re- ment arrangement in making payments for CATIONAL PROGRAM OR SETTING-BASED maining percentage of such expenditure or medical assistance described in subsections CLAIMS.— cost (and, if applicable, any consortium of (a) or (r) of section 1905; or (1) IN GENERAL.—Not later than 90 days public agencies that incurred costs in con- ‘‘(B) the State utilizes a cost allocation after the date of enactment of this Act, the nection with the collection or submission of system that meets Federal requirements Secretary of Health and Human Services and claims for such expenditures or costs)).’’. when paying for the cost of services de- the Secretary of Education, acting jointly (d) ASSURANCE OF REIMBURSEMENT FOR AD- scribed in section 1902(a)(43) or other admin- and in consultation with State medicaid di- MINISTRATIVE, ENROLLMENT, AND OUTREACH istrative services directly related to the ad- rectors, State educational agencies, local ACTIVITIES CONDUCTED BY LOCAL EDU- ministration of the State plan. educational agencies, and State agencies CATIONAL AGENCIES.— ‘‘(4)(A) For purposes of this title, the term with responsibility for administering part C (1) MEDICAID.—Section 1902 of the Social ‘educational program or setting’ means any of the Individuals with Disabilities Edu- Security Act (42 U.S.C. 1396a) is amended by location in which the items or services in- cation Act, shall develop and implement a inserting after subsection (j) the following cluded in a child’s individualized education uniform methodology for claims for payment new subsection: plan established pursuant to part B of the In- of medical assistance and related adminis- ‘‘(k) Nothing in this title shall be con- dividuals with Disabilities Education Act or trative costs furnished under title XIX of the strued as authorizing the Secretary to pro- otherwise, or in an infant’s or toddler’s indi- Social Security Act in an educational pro- hibit the State agency with responsibility vidualized family service plan established gram or setting. for the administration or supervision of the pursuant to part C of such Act, are delivered, (2) REQUIREMENTS.—The methodology de- administration of the State plan from enter- including the home, child care setting, or veloped under paragraph (1)— ing into interagency agreements with local school of the child, infant, or toddler. (A) shall not prohibit or restrict payment educational agencies under which such local ‘‘(B) Such term includes— educational agencies shall be reimbursed for ‘‘(i) any location in which an evaluation or for medical assistance and administrative the Federal share of amounts expended for assessment is conducted, in accordance with activities that are provided or conducted in administrative, enrollment, and outreach ac- the requirements of section 1902(a)(43) and accordance with section 1903(c) of the Social tivities for which payment is made to the subsections (a)(4)(B) and (r) of section 1905, Security Act (42 U.S.C. 1396b(c)); and State under section 1903(a)(7), including with to determine if a child is a child with a dis- (B) with respect to administrative costs, respect to such activities as are conducted ability under section 614 of the Individuals shall be based on— for purposes of satisfying the requirements with Disabilities Education Act (20 U.S.C. (i) standards related to time studies and of subsection (a)(43).’’. 1414) who requires an individualized edu- population estimates; and (2) SCHIP.—Section 2107(e)(1) of the Social cation program (IEP) under section 614(d) of (ii) a national standard for determining Security Act (42 U.S.C. 1397gg(e)(1)) is such Act (20 U.S.C. 1414(d)) or if an infant or payment for such costs. (h) EFFECTIVE DATE.—The amendments amended— toddler is an infant or toddler with a dis- made by this section shall take effect on the (A) by redesignating subparagraphs (B) ability under section 635(a)(3) of such Act (20 date of enactment of this Act and shall apply through (D) as subparagraphs (C) through U.S.C. 1435(a)(3)) who requires an individual- to items and services provided and expendi- (E), respectively; and ized family service plan under section 636 of tures made on or after such date, without re- (B) by inserting after subparagraph (A) the such Act (20 U.S.C. 1436) and any location in gard to whether implementing regulations following new subparagraph: which a reevaluation or reassessment of such are in effect. ‘‘(B) Section 1902(k) (relating to inter- a determination is conducted; and agency agreements with local educational ‘‘(ii) for purposes of subsection (m)(2)(C), agencies for reimbursement for expenditures any location in which items or services de- By Mr. MARTINEZ (for himself, for administrative, enrollment, and outreach scribed in section 1905(a)(4)(B) (relating to Mrs. FEINSTEIN, Mr. NELSON of activities).’’. early and periodic screening, diagnostic, and Florida, Mrs. HUTCHISON, Mr. (e) CLARIFICATION OF COVERAGE OF EPSDT treatment services defined in section 1905(r)) SESSIONS, Mr. BINGAMAN, and AND ITEMS AND SERVICES FURNISHED TO A DIS- are delivered and costs are incurred for pro- Mr. CORNYN): ABLED CHILD PURSUANT TO SECTION 504 OF THE viding such items or services in accordance REHABILITATION ACT OF 1973; DEFINITION OF S. 3706. A bill to amend the Internal with the requirements of section ‘‘EDUCATIONAL PROGRAM OR SETTING’’.—Sec- Revenue Code of 1986 to treat space- tion 1903(c) of the Social Security Act (42 1902(a)(43).’’. ports like airports under the exempt (f) ASSURANCE OF COMPLIANCE WITH FED- U.S.C. 1396b(c)) is amended— ERAL AND STATE REQUIREMENTS.—Section facility bond rules; to the Committee (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; 1902(a) of the Social Security Act (42 U.S.C. on Finance. (2) by striking ‘‘Education Act or’’ and in- 1396a(a)) is amended— Mr. MARTINEZ. Mr. President, serting ‘‘Education Act,’’; (1) in paragraph (69), by striking ‘‘and’’ at (3) by inserting ‘‘, or furnished to a child today I rise with my colleagues, Sen- the end; with a disability pursuant to section 504 of ators FEINSTEIN, NELSON of Florida, (2) in paragraph (70)(B)(iv), by striking the the Rehabilitation Act of 1973’’ before the pe- HUTCHISON, and BINGAMAN, on the 37th period at the end and inserting ‘‘; and’’; and riod; and anniversary of the lunar landing when (3) by inserting after paragraph (70), the (4) by adding at the end the following new following new paragraph: American astronauts Neil Armstrong paragraphs: ‘‘(71) provide that— and Edwin Aldrin set foot on the Moon, ‘‘(2) Nothing in this title shall be construed to introduce the Spaceport Equity Act as prohibiting or restricting, or authorizing ‘‘(A) the State will establish procedures to the Secretary to prohibit or restrict, pay- ensure that— of 2006—a bill to help bring additional ment under subsection (a) for the following ‘‘(i) any provider of an item or service cov- investment to the space transportation items or services furnished in or through an ered under the plan that is furnished in or industry. educational program or setting, or costs in- through an educational program or setting On June 18th, the Washington Post curred with respect to the furnishing of such complies with all Federal and State require- reported on the launching of items or services: ments applicable to providers of such items or services under the plan; and Kazakhstan’s first satellite and their ‘‘(A) Medical assistance for items or serv- catapult into the space transportation ices described in section 1905(a)(4)(B) (relat- ‘‘(ii) any educational entity that is en- ing to early and periodic screening, diag- gaged in the provision of an activity de- industry. Home to the world’s largest nostic, and treatment services defined in sec- scribed in paragraph (43) or any other activ- space center, the Baikonur tion 1905(r)) and costs incurred for providing ity that is directly related to the adminis- Consmodrome, this ex-Soviet state is such items or services in accordance with tration of the plan complies with all Federal joining the list of rivals to the U.S. the requirements of section 1902(a)(43). and State requirements applicable for pay- space industry. America’s competitive ‘‘(B) Costs incurred for providing services ment for such activity; and edge is declining and will continue to related to the administration of the State ‘‘(B) the State will not furnish medical as- sistance for an item or service covered under do so unless we act now. My colleagues plan, including providing information re- and I recognize this, and that is why we garding the availability of, and eligibility the plan in or through an educational pro- for, medical assistance under the plan, and gram or setting, or undertake any activity are introducing this most important assistance with determinations of eligibility described in paragraph (43) or any other ac- legislation. and enrollment and redeterminations of eli- tivity that is directly related to the adminis- U.S. satellite manufacturers face in- gibility under the plan. tration of the plan in or through such a pro- creasing pressure to consider the use of ‘‘(3) Nothing in this title shall be construed gram or setting, unless the entity respon- foreign launch vehicles and launch as prohibiting or restricting, or authorizing sible for providing the item or service, or un- sites, due to the lack of a sufficient do- the Secretary to prohibit or restrict, pay- dertaking such an activity, in or through the ment under subsection (a) for medical assist- educational program or setting will be paid mestic launch capability. The United ance furnished in or through an educational under the State plan for the costs related to States once dominated the commercial program or setting or costs described in the furnishing of such item or service or the satellite-manufacturing field with an paragraph (2)(B) solely because— undertaking of such activity.’’. average market share of 83 percent;

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.116 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8067 however, that market share has since presently operate in Florida, Cali- lic space travel, its potential impact on declined to 50 percent. An even smaller fornia, Virginia, and Alaska, but ef- our economy and international com- share of U.S.-manufactured satellites is forts are underway to establish 13 addi- petitiveness is something to be appre- actually launched from U.S. space- tional commercial spaceports in Ala- ciated. Space tourism industry players ports. This comes at an estimated loss bama, California, Montana, Nevada, expect there to be a market demand of of $1.5 to $3.0 billion to the U.S. econ- Oklahoma, South Dakota, Texas, Utah, at least 15,000 Americans per year to omy. Washington, and Wisconsin. travel into suborbit and orbital flights. The space economy is made up infra- The commercial space transportation This would require an estimated 665 structure of manufacturers, service industry includes not only spaceports launches per year by 2010. If the United providers, and technologists in both themselves but also companies that de- States continues as is, we will only be the Government and private sector velop the needed infrastructure for able to capture 10 percent market that deploy and operate launch vehi- testing and servicing launch vehicles. share, at best, of this emerging indus- cles, satellites, and space platforms. When including these industry partners try. If needed infrastructure is added, Many everyday goods and services rely with spaceports, at least 23 States are however, the United States is expected on space infrastructure, including directly impacted by the commercial to pick up 60 to 70 percent of space broadcast, cable, and satellite tele- space transportation industry. Both flight demand by 2010. Every launch vision, global internet services, sat- spaceports and industry partners face that we do not provide for in the ellite radio, cellular and international increasing pressure from government- United States means a loss to our econ- phone calls, etc. sponsored or subsidized competitors in omy and a gain for our international Satellites are also used for global po- Europe, China, Japan, India, Australia, competitors. The Federal Aviation Ad- sitioning systems, known as GPS, Russia, and now Kazakhstan. ministration’s Commercial Space which enable us to have hands-on di- Commercial space transportation is a Transportation Division expects a $3 rections in our cars and vehicles. GPS growing part of the U.S. economy. In billion dollar loss to our economy if we is also influential in the trucking, 2004, this industry alone generated a do not meet the rising demand for aviation, and maritime industries for total of nearly $98.1 billion dollars in space tourism. day-to-day operations and for our Na- economic activity, over $25 billion in Currently, U.S. launch facilities are tion’s military operations. Thousands earnings, and over 550,000 jobs; and few and most are owned and operated of gas stations use inexpensive small $56.5 billion, more than half of this eco- by the Federal Government, putting satellite dishes to connect to credit nomic activity, was from satellite serv- commercial users in direct competition card networks so customers can pay in- ices. A 2004 Gallup poll shows over- with the U.S. military, NASA, and stantly at the pump. Satellites also whelming public support for space ex- other Government entities, which get generate 90 percent of the weather fore- ploration. Roughly 80 percent of Amer- priority over commercial projects. If casting data in the United States and icans agree that ‘‘America’s space pro- the United States is to remain com- are used to track hurricanes, tsunamis, gram helps give America the scientific and other weather phenomenon. and technological edge it needs to com- petitive in the commercial space indus- These satellites are launched pete in the international market- try, added and improved infrastructure vertically atop of rockets, propelling place.’’ And 76 percent agree that our will be needed to support this growing them into orbit in space. Because most space program ‘‘benefits the nation’s industry. On a more local note, my own State U.S. space-launch facilities are oper- economy’’ and inspires ‘‘students to of Florida could stand to gain much by ated by NASA, priority for launches at pursue careers in technical fields.’’ these facilities is given to Government The space industry has also led to a way of economic development from in- projects. This means our commercial number of ‘‘spin-off’’ technologies— creased investment in spaceport infra- satellite needs take a back seat to Gov- those influenced by space technology structure. According to recent studies ernment operations. This often leaves research and development. Home roof by the Florida Space Authority, in- U.S. commercial satellite ventures insulation and air filtration, antilock crease spaceport infrastructure and ac- without reliable launch availability. brakes, athletic shoes, vehicle protec- tivity in Florida could mean as much This in turn has forced many compa- tive airbags, cellular phones, and lasik as $29.7 million in additional economic nies seeking manufacturing and launch surgery all owe thanks to NASA and activity by the year 2015—this does not services toward our international com- space-based research. The list of space include the economic activity gen- petitors. ‘‘spin-off’ technologies is estimated to erated from impacted tourism, sec- Spaceports are subdivisions of State exceed 40,000. These related tech- ondary contracts, and spinoff tech- governments that provide additional nologies have helped employ tens of nologies. launch infrastructure than that avail- millions of Americans. Encouraging Other modes of transportation—high- able at Federal facilities. They attract commercial investment in the space in- ways, airports, and seaports—currently and promote the U.S. commercial dustry and increasing U.S. enjoy a tax incentive for meeting their space transportation industry. Space- marketshare in this industry will cer- infrastructure needs, so why not space- port authorities function much like tainly lead to additional innovation ports? airport and port authorities by pro- and technology that will impact other This Spaceport Equity Act of 2006 viding economic and transportation in- fields. would provide spaceports with the centives to the industry, which in turn As you can see, this once govern- same treatment provided for airports, benefits the surrounding communities. ment-dominated industry is now be- seaports, rail, and other transit Many States are forming space au- coming a diverse mix of government projects under the exempt facility bond thorities to pursue ways of developing and commercial entities—also leading rules. With international competition space transportation infrastructure. way into future avenues of commercial on the rise, our Nation’s spaceports are The Florida Space Authority was the space transportation, such as space a vital component of the infrastructure first such entity, which was created as tourism. needed to expand and enhance the U.S. a subdivision of the Florida State gov- The increase in recent commercial role in the international space arena. ernment by Florida’s Governor and launches includes the debut of the first The Spaceport Equity Act is an impor- State legislature in 1989. Florida Space commercial crewed suborbital launches tant step to increasing our competi- Authority is focused on leading the of SpaceShipOne—leading the way to tiveness in this field because it will State’s space industry in new direc- public space travel. ‘‘Space tourism,’’ stimulate investment in expanding and tions through partnering with the com- as public space travel is now referred, modernizing our space launch facilities mercial space industry to improve has the potential to become a major and lower the costs of financing space- space transportation and provide inno- growth industry. Recent market stud- port projects. vative, forward-thinking solutions to ies have shown space tourism has the Since 1968, tax-exempt bonds have the challenges facing this evolving in- potential to become a billion-dollar in- played a crucial role in meeting airport dustry. dustry within 20 years. investment needs, with 50 percent or The last few years have begun a new Even though the average American more of major airport projects being fi- phase in space exploration. Spaceports may not be able to participate in pub- nanced through municipal tax-exempt

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By extending this favorable tax ‘‘(B) any other functionally related and can also overcome the harmful effects treatment to spaceports, this bill will subordinate facility at or adjacent to the of poverty and other disadvantages on help meet spaceport needs and increase launch site or reentry site at which launch student learning. our Nation’s ability to compete with services or reentry services are provided, in- cluding a launch control center, repair shop, In 2002, with the No Child Left Be- expanded international interests in maintenance or overhaul facility, and rocket hind Act, we made a commitment to space exploration and technology. assembly facility. put a first-rate teacher in every class- Similar legislation has been considered ‘‘(2) ADDITIONAL TERMS.—For purposes of room to help all students succeed in since the 1980s, and we cannot afford to paragraph (1)— school and in life. But to reach that ‘‘(A) SPACE CARGO.—The term ‘space cargo’ wait any longer to address the needs of goal, we need to recruit, train, retain, this important sector. includes satellites, scientific experiments, and support our teachers. Today, about This proposal does not provide direct other property transported into space, and half of all teachers who enter the pro- Federal spending for our commercial any other type of payload, whether or not such property returns from space. fession leave the classroom within five space transportation industry but, ‘‘(B) SPACECRAFT.—The term ‘spacecraft’ years. That’s an unacceptable loss—the rather, creates the conditions nec- means a launch vehicle or a reentry vehicle. essary to stimulate private capital in- 5-year mark is just the time when ‘‘(C) OTHER TERMS.—The terms ‘launch’, teachers have mastered their work and vestment in industry infrastructure. ‘launch site’, ‘launch services’, ‘launch vehi- are consistently able to improve the By issuing tax-free bonds to finance cle’, ‘payload’, ‘reenter’, ‘reentry services’, spaceport infrastructure, space au- ‘reentry site’, and ‘reentry vehicle’ shall education of their students. thorities could provide site-specific and have the respective meanings given to such Too often, teachers lack the training vehicle-specific tailoring to promote terms by section 70102 of title 49, United and support needed to do well in the States Code (as in effect on the date of en- classroom. Eliminating this deficit can the competition and innovation nec- actment of this subsection).’’. essary to maintain the U.S. competi- (d) EXCEPTION FROM FEDERALLY GUARAN- make all the difference in their deci- tive edge in the space transportation TEED BOND PROHIBITION.—Paragraph (3) of sion to remain in the profession. industry. section 149(b) of the Internal Revenue Code Teacher centers can help see that This is an efficient means for achiev- of 1986 (relating to exceptions) is amended by teachers have the professional develop- ing our space transportation needs, and adding at the end the following new subpara- ment, mentoring, and support they I urge my colleagues in the Senate to graph: need in order to succeed. Developing join us in this most important effort by ‘‘(E) EXCEPTION FOR SPACEPORTS.—Para- graph (1) shall not apply to any exempt facil- and expanding these centers is an im- cosponsoring this bill. ity bond issued as part of an issue described portant step toward enriching teach- Mr. President, I ask unanimous con- in paragraph (1) of section 142(a) to provide a ers’ lives, enhancing their knowledge sent that the text of this bill be printed spaceport in situations where— and skills, and encouraging them to in the RECORD. ‘‘(i) the guarantee of the United States (or stay in the profession and succeed in There being no objection, the mate- an agency or instrumentality thereof) is the the classroom. rial was ordered to be printed in the result of payment of rent, user fees, or other RECORD, as follows: charges by the United States (or any agency The teacher centers model grew out S. 3706 or instrumentality thereof), and of an innovative approach to sup- ‘‘(ii) the payment of the rent, user fees, or porting the professional development Be it enacted by the Senate and House of Rep- other charges is for, and conditioned upon, resentatives of the United States of America in of teachers in England. That model en- the use of the spaceport by the United States Congress assembled, ables teachers to become leaders and (or any agency or instrumentality thereof).’’. decision-makers in their own profes- SECTION 1. SHORT TITLE. (e) CONFORMING AMENDMENT.—The heading This Act may be cited as the ‘‘Spaceport for section 142(c) of the Internal Revenue sional growth and in the environments Equality Act of 2006’’. Code of 1986 is amended by inserting ‘‘SPACE- in which they work. It enables them to SEC. 2. SPACEPORTS TREATED LIKE AIRPORTS PORTS,’’ after ‘‘AIRPORTS,’’. collaboratively plan and implement UNDER EXEMPT FACILITY BOND (f) EFFECTIVE DATE.—The amendments staff development and reform that can RULES. made by this section shall apply to obliga- (a) IN GENERAL.—Paragraph (1) of section be shared with their colleagues, as a tions issued after the date of the enactment means for reflection and improvement 142(a) of the Internal Revenue Code of 1986 of this Act. (relating to exempt facility bonds) is amend- in their teaching practice. ed to read as follows: By Mr. KENNEDY: Since the initial creation of teacher ‘‘(1) airports and spaceports,’’. S. 3710. A bill to amend the Elemen- centers in the United States in the late (b) TREATMENT OF GROUND LEASES.—Para- tary and Secondary Education Act of graph (1) of section 142(b) of the Internal 1970s, we have seen how effective they Revenue Code of 1986 (relating to certain fa- 1965 to improve retention of public ele- can be in supporting teachers, so that cilities must be governmentally owned) is mentary and secondary school teach- they can respond more effectively to amended by adding at the end the following ers, and for other purposes; to the Com- student needs and help them reach the new subparagraph: mittee on Health, Education, Labor, high standards now required by the No ‘‘(C) SPECIAL RULE FOR SPACEPORT GROUND and Pensions. Child Left Behind Act. LEASES.—For purposes of subparagraph (A), Mr. KENNEDY. Mr. President, today spaceport property which is located on land I am introducing the Teacher Center Teacher centers offer valuable pro- owned by the United States and which is Act of 2006, to help establish and fund grams for educators when aligned with used by a governmental unit pursuant to a teacher centers across the Nation. Its State standards and school district lease (as defined in section 168(h)(7)) from curriculums. The centers support new the United States shall be treated as owned goal is to provide more effective and relevant professional development for teachers during their first years in the by such unit if— profession, and their peer-to-peer net- ‘‘(i) the lease term (within the meaning of teachers, and create a network of sup- section 168(i)(3)) is at least 15 years, and port for them to share best practices, works facilitate communication and ‘‘(ii) such unit would be treated as owning improve classroom training, and im- collaboration among teachers to im- such property if such lease term were equal prove working conditions in their prove instruction. The centers also to the useful life of such property.’’. schools. It’s a privilege to join my dis- help teachers incorporate new research (c) DEFINITION OF SPACEPORT.—Section 142 tinguished colleague, Congressman into their daily routines, and support of the Internal Revenue Code of 1986 is the use of technology and proven strat- amended by adding at the end the following GEORGE MILLER, who is introducing companion legislation for teacher cen- egies to keep students engaged and new subsection: help them do well in school. ‘‘(n) SPACEPORT.— ters in the House of Representatives. ‘‘(1) IN GENERAL.—For purposes of sub- As research makes clear, good teach- Most important, teacher centers are section (a)(1), the term ‘spaceport’ means— ers are the single most important fac- essential to the development of teacher ‘‘(A) any facility directly related and es- tor in achieving the success of stu- capability and leadership. The training sential to servicing spacecraft, enabling dents, both academically and develop- provided is aimed at building the capa- spacecraft to launch or reenter, or transfer- ring passengers or space cargo to or from mentally. Students who receive good bility of teachers to reach all of their spacecraft, but only if such facility is lo- instruction can reach new heights students through differentiated in- cated at, or in close proximity to, the launch through the hard work, vision, and en- struction—a goal central to the prom- site or reentry site, and ergy of their teachers. Good teaching ise of leaving no child behind. And by

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.104 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8069 taking advantage of the support pro- (10) Data on school reform shows that ‘‘(9) Assisting teachers to become highly vided by teacher centers, educators can teachers are attracted to and continue to qualified and paraprofessionals to become have a more active role in their own teach in academically challenged schools teachers. professional growth and eventually when appropriate supports are in place to ‘‘(10) Assisting paraprofessionals to meet the requirements of section 1119. hold leadership positions in their help them succeed. Appropriate supports in- clude high-quality induction programs, job- ‘‘(11) Developing curricula. schools and communities. embedded professional development, and ‘‘(12) Incorporating additional on-line pro- As we know, teachers are on the small classes which allow teachers to tailor fessional development resources for partici- front lines in the Nation’s schools and instruction to meet the needs of individual pants. in our efforts to improve public edu- students. ‘‘(13) Providing funding for individual- or cation. We cannot expect the quality of SEC. 3. IMPROVING RETENTION OF AND PROFES- group-initiated classroom projects. our classrooms to improve without in- SIONAL DEVELOPMENT FOR PUBLIC ‘‘(14) Developing partnerships with busi- vesting more in the quality of our ELEMENTARY AND SECONDARY nesses and community-based organizations. teachers. Teacher centers ensure that SCHOOL TEACHERS. ‘‘(15) Establishing a teacher center site. ‘‘(f) TEACHER CENTER POLICY BOARD.— the nation’s educators have the time, (a) IN GENERAL.—Title II of the Elemen- tary and Secondary Education Act of 1965 (20 ‘‘(1) IN GENERAL.—A teacher center receiv- resources, and support they need to U.S.C. 6601 et seq.) is amended by adding at ing assistance under this section shall be op- work and learn with one another. the end the following: erated under the supervision of a teacher I urge my colleagues to join in sup- center policy board. ‘‘PART E—TEACHER RETENTION porting this bill, and I ask unanimous ‘‘(2) MEMBERSHIP.— consent that the text of the bill be ‘‘SEC. 2501. IMPROVING PROFESSIONAL DEVEL- ‘‘(A) TEACHER REPRESENTATIVES.—The ma- OPMENT OPPORTUNITIES THROUGH printed in the RECORD. jority of the members of a teacher center TEACHER CENTERS. policy board shall be representatives of, and There being no objection, the text of ‘‘(a) GRANTS.—The Secretary may make the bill was ordered to be printed in selected by, the elementary and secondary grants to eligible entities for the establish- school teachers to be served by the teacher the RECORD, as follows: ment and operation of new teacher centers center. Such representatives shall be se- S. 3710 or the support of existing teacher centers. lected through the teacher organization, or Be it enacted by the Senate and House of Rep- ‘‘(b) SPECIAL CONSIDERATION.—In making if there is no teacher organization, by the resentatives of the United States of America in grants under this section, the Secretary teachers directly. Congress assembled, shall give special consideration to any appli- ‘‘(B) OTHER REPRESENTATIVES.—The mem- SECTION 1. SHORT TITLE. cation submitted by an eligible entity that bers of a teacher center policy board— This Act may be cited as the ‘‘Teacher is— ‘‘(i) shall include at least 2 members who Center Act of 2006’’. ‘‘(1) a high-need local educational agency; are representatives of, or designated by, the SEC. 2. FINDINGS. or school board of the local educational agency Congress finds as follows: ‘‘(2) a consortium that includes at least to be served by the teacher center; (1) There are not enough qualified teachers one high-need local educational agency. ‘‘(ii) shall include at least 1 member who is in the Nation’s classrooms, and an unprece- ‘‘(c) DURATION.—Each grant under this sec- a representative of, and is designated by, the dented number of teachers will retire over tion shall be for a period of 3 years. institutions of higher education (with de- the next 5 years. Over the next decade, the ‘‘(d) REQUIRED ACTIVITIES.—A teacher cen- partments or schools of education) located in Nation will need to bring 2,000,000 new teach- ter receiving assistance under this section the area; and ers into public schools. shall carry out each of the following activi- ‘‘(iii) may include paraprofessionals. (2) Too many teachers do not receive ade- ties: ‘‘(g) APPLICATION.— quate preparation for their jobs. ‘‘(1) Providing high-quality professional ‘‘(1) IN GENERAL.—To seek a grant under (3) More than one-third of children in development to teachers to assist the teach- this section, an eligible entity shall submit grades 7 through 12 are taught by a teacher ers in improving their knowledge, skills, and an application at such time, in such manner, who lacks both a college major and certifi- teaching practices in order to help students and accompanied by such information as the cation in the subject being taught. Rates of to improve the students’ achievement and Secretary may reasonably require. ‘‘out-of-field teaching’’ are especially high in meet State academic standards. ‘‘(2) ASSURANCE OF COMPLIANCE.—An appli- high-poverty schools. ‘‘(2) Providing teachers with information cation under paragraph (1) shall include an (4) Teacher turnover is a serious problem, on developments in curricula, assessments, assurance that the eligible entity will re- particularly in urban and rural areas. Over and educational research, including the man- quire any teacher center receiving assistance one-third of new teachers leave the profes- ner in which the research and data can be through the grant to comply with the re- sion within their first 3 years of teaching, used to improve teaching skills and practice. quirements of this section. and 14 percent of new teachers leave the field ‘‘(3) Providing training and support for new ‘‘(3) TEACHER CENTER POLICY BOARD.—An within the first year. After 5 years—the av- teachers. application under paragraph (1) shall include erage time it takes for teachers to maximize ‘‘(e) PERMISSIBLE ACTIVITIES.—A teacher the following: students’ learning—half of all new teachers center may use assistance under this section ‘‘(A) An assurance that— will have exited the profession. Rates of for any of the following: ‘‘(i) the eligible entity has established a teacher attrition are highest in high-poverty ‘‘(1) Assessing the professional develop- teacher center policy board; schools. Between 2000 and 2001, 1 out of 5 ment needs of the teachers and other in- ‘‘(ii) the board participated fully in the teachers in the Nation’s high-poverty structional school employees, such as librar- preparation of the application; and schools either left to teach in another school ians, counselors, and paraprofessionals, to be ‘‘(iii) the board approved the application as or dropped out of teaching altogether. served by the center. submitted. (5) African-American, Latino, and low-in- ‘‘(2) Providing intensive support to staff to ‘‘(B) A description of the membership of come students are much less likely than improve instruction in literacy, mathe- the board and the method of selection of the other students to have highly-qualified matics, science, and other curricular areas membership. teachers. necessary to provide a well-rounded edu- ‘‘(h) DEFINITIONS.—In this section: (6) Research shows that individual teachers cation to students. ‘‘(1) The term ‘eligible entity’ means a have a great impact on how well their stu- ‘‘(3) Providing support to mentors working local educational agency or a consortium of dents learn. The most effective teachers have with new teachers. 2 or more local educational agencies. been shown to be able to boost their pupils’ ‘‘(4) Providing training in effective instruc- ‘‘(2) The term ‘high-need’ means, with re- learning by a full grade level relative to stu- tional services and classroom management spect to an elementary school or a secondary dents taught by less effective teachers. strategies for mainstream teachers serving school, a school— (7) Only 16 States finance new teacher in- students with disabilities and students with ‘‘(A) that serves an eligible school attend- duction programs, and fewer still require in- limited English proficiency. ance area (as defined in section 1113) in ductees to be matched with mentors who ‘‘(5) Enabling teachers to engage in study which not less than 65 percent of the chil- teach the same subject. groups and other collaborative activities and dren are from low-income families, based on (8) Large-scale studies of effective profes- collegial interactions regarding instruction. the number of children eligible for free and sional development have documented that ‘‘(6) Paying for release time and substitute reduced priced lunches under the Richard B. student achievement and teacher learning teachers in order to enable teachers to par- Russell National School Lunch Act; or increases when professional development is ticipate in the activities of the teacher cen- ‘‘(B) in which not less than 65 percent of teacher-led, ongoing, and collaborative. ter. the children enrolled are from such families. (9) Research shows that the characteristics ‘‘(7) Creating libraries of professional ma- ‘‘(3) The term ‘high-need local educational of successful professional development in- terials and educational technology. agency’ means a local educational agency— clude a focus on concrete classroom applica- ‘‘(8) Providing high-quality professional ‘‘(A) that serves not fewer than 10,000 chil- tions and practice, and opportunities for development for other instructional staff, dren from families with incomes below the teacher observation, critique, reflection, such as paraprofessionals, librarians, and poverty line, or for which not less than 20 group support, and collaboration. counselors. percent of the children served by the agency

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.117 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8070 CONGRESSIONAL RECORD — SENATE July 20, 2006 are from families with incomes below the SENATE RESOLUTION 537—SUP- (2) commends the National Sexual Assault poverty line; and PORTING THE NATIONAL SEX- Hotline for counseling and supporting more ‘‘(B) that is having or expected to have dif- UAL ASSAULT HOTLINE AND than 1,000,000 callers. ficulty filling teacher vacancies or hiring Mr. BIDEN. Mr. President, I speak new teachers who are highly qualified. COMMENDING THE HOTLINE FOR COUNSELING AND SUPPORTING today to submit a resolution with my ‘‘(4) The term ‘teacher center policy board’ good friend and chairman of the Judici- means a teacher center policy board de- MORE THAN 1,000,000 CALLERS ary Committee, Senator SPECTER. Our scribed in subsection (f). ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— Mr. BIDEN (for himself and Mr. resolution recognizes and commends To carry out this section, there are author- SPECTER) submitted the following reso- the National Sexual Assault Hotline ized to be appropriated $100,000,000 for fiscal lution; which was referred to the Com- for counseling and helping more than 1 year 2007 and such sums as may be necessary mittee on the Judiciary: million callers. One of the most telling for each of the 5 succeeding fiscal years.’’. statistics since passage of the Violence (b) CONFORMING AMENDMENT.—The table of S. RES. 537 contents at section 2 of the Elementary and Against Women Act in 1994 is the num- Whereas it is estimated that a sexual as- ber of individuals reporting rape to the Secondary Education Act of 1965 (20 U.S.C. sault occurs every 2.5 minutes in the United 6301 et seq.) is amended by inserting after States and more than 200,000 people in the authorities. Almost half—42 percent of the item relating to section 2441 of such Act United States each year are victims of sex- rape victims are now stepping forward the following new items: ual assault; and reporting these heinous crimes to ‘‘PART E—TEACHER RETENTION Whereas 1 of every 6 women and 1 of every the authorities, while prior to 2002, ‘‘Sec. 2501. Improving professional develop- 33 men in the United States have been vic- only 31 percent reported their attacks. ment opportunities.’’. tims of rape or attempted rape, according to Each number represents a brave victim f the Department of Justice; who steps forward and says out loud Whereas the Uniform Crime Reports of the that she has been raped. For years, SUBMITTED RESOLUTIONS Federal Bureau of Investigation rank rape second only to murder in the hierarchy of rape was a crime of shame. Our society violent crimes; blamed the victim. Police, lawyers, and SENATE RESOLUTION 536—COM- Whereas research suggests that sexual as- judges focused on her conduct—what MENDING THE 25TH YEAR OF sault victims who receive counseling are did she wear? where was she walking? SERVICE IN THE FEDERAL JUDI- more likely to report the assault to the po- was she drinking alcohol? Slowly but CIARY BY WILLIAM W. WILKINS, lice and to participate in the prosecution of surely, we are working to change soci- CHIEF JUDGE OF THE UNITED the offender; etal attitudes about rape and improve STATES COURT OF APPEALS Whereas, in June 2006, the National Sexual our criminal justice system to encour- FOR THE FOURTH CIRCUIT Assault Hotline (referred to in this preamble as ‘‘Hotline’’) helped its 1,000,000th caller; age reporting and prosecution of rapes, Mr. GRAHAM (for himself and Mr. Whereas the Hotline operates 24 hours per whether committed by the neighbor DEMINT) submitted the following reso- day, 365 days per year, offering important, next door or a stranger in an alley. lution; which was referred to the Com- free, and confidential crisis intervention, A critical partner in our fight to end mittee on the Judiciary: support, information, and referrals for vic- sexual assault has been the National S. RES. 536 tims of sexual assault and their friends and Sexual Assault Hotline operated by families; RAINN, the Rape, Abuse and Incest Na- Whereas Chief Judge William W. Wilkins Whereas the Hotline was created by the entered public service in 1967 as an officer in tional Network. RAINN created this Rape, Abuse & Incest National Network (re- toll-free telephone hotline—1–800–656– the United States Army, eventually earning ferred to in this preamble as ‘‘RAINN’’), a the rank of Colonel in the United States non-profit corporation, the headquarters of HOPE—in 1994 and manages it with Army Reserves; which are located in Washington, D.C.; 1,100 local affiliates in 50 States, and Whereas Chief Judge Wilkins served as the Whereas the Hotline answered its first call the District of Columbia. Victims from elected Solicitor in South Carolina and on July 27, 1994, and operated solely with pri- across the country can telephone the earned the reputation as a fearless pros- vate funds for the first 10 years the Hotline ecuting attorney; Hotline and receive confidential, was in existence; trained expertise from experienced pro- Whereas, in 1981, newly-elected President Whereas RAINN continues to operate the Ronald Reagan appointed Chief Judge Wil- fessionals with the assistance of over Hotline today, in partnership with 1,100 local 10,000 volunteers. In June 2006, the Hot- kins as his first appointment as President to rape crisis centers in the 50 States and the the position of United States District Judge District of Columbia and with over 10,000 line received its millionth call since it for the District of South Carolina; trained volunteers and staff, and in collabo- answered its first call in 1994. In 2005 Whereas, in 1985, President Reagan ap- ration with coalitions against sexual assault alone, the Hotline helped 137,039 indi- pointed Chief Judge Wilkins to be the first in each of the 50 States; viduals, an average of 11,420 people a Chair of the United States Sentencing Com- Whereas the Hotline helps an average of mission; month. 11,000 people each month and in 2005 helped The National Sexual Assault Hotline Whereas, under the determined leadership 137,039 women, men, and children across the of Chief Judge Wilkins, the Sentencing Com- is truly a national treasure. It helps in- Nation; dividuals and families recover from a mission achieved major positive changes in Whereas the public education and outreach the Federal criminal justice system; undertaken by RAINN and local rape crisis horrendous violation. It provides a safe Whereas, in 1986, President Reagan ap- centers have increased public awareness of haven for victims to talk about the pointed Chief Judge Wilkins to the position sexual violence and contributed to a 58-per- crime, and offers referrals on local psy- of Circuit Judge for the United States Court cent decline in crimes of sexual violence chological and physical help. A call to of Appeals for the Fourth Circuit; since 1993; the National Sexual Assault Hotline is Whereas, in 2003, Chief Judge Wilkins was Whereas the Hotline has experienced a sig- often the first step towards justice for elevated to the position of Chief Judge of the nificant increase in call volume as public United States Court of Appeals for the a victim. Research shows that victims awareness of sexual violence has grown, with who receive counseling are signifi- Fourth Circuit; calls to the Hotline increasing by 43 percent Whereas Chief Judge Wilkins has served as since 2003; cantly more likely to report the as- the Chair of the Criminal Law Committee of Whereas millions of Americans have sault, and more likely to fully partici- the Judicial Conference of the United States learned of the services available through the pate in the prosecution. Every 2.5 min- and, as of the date of approval of this resolu- Hotline, thanks to the public service pro- utes, another American is sexually as- tion, serves as a member of this Conference; motion contributed by every national broad- saulted. We are fortunate to have the and cast television network, a dozen cable net- hotline there to answer victims’ calls Whereas Chief Judge Wilkins is a nation- works, and more than 1,000 radio stations, ally recognized jurist and is known for his for help and healing. The hotline’s vol- newspapers, and magazines; and unteers are doing God’s work, and de- scholarship, sharp wit, and unyielding alle- Whereas the Hotline serves as an out- giance to supporting and adhering to the standing example of a successful partnership serve our gratitude. I am proud to rise rule of law: Now, therefore, be it between the Federal Government, the pri- with my good friend from Pennsylvania Resolved, That the Senate commends the vate sector, and individuals: Now, therefore, to introduce a resolution marking the 25th year of service in the Federal judiciary be it and a lifetime of dedicated public service by hotline’s millionth call and commemo- William W. Wilkins, Chief Judge of the Resolved, That the Senate— rating the hotline’s tremendous work United States Court of Appeals for the (1) supports the National Sexual Assault to help America’s families and make Fourth Circuit. Hotline; and our streets safer.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.098 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8071 SENATE CONCURRENT RESOLU- dent Enkhbayar issued a joint statement de- SENATE CONCURRENT RESOLU- TION 111—EXPRESSING THE claring that the two countries are com- TION 112—RELATING TO COR- SENSE OF THE SENATE THAT mitted to defining guiding principles and ex- RECTING A CLERICAL ERROR IN THE UNITED STATES SHOULD panding the framework of the comprehensive THE ENROLLMENT OF S. 3693 partnership between the United States and EXPAND TRADE OPPORTUNITIES Mongolia; and Mr. REID submitted the following WITH MONGOLIA AND INITIATE Whereas the United States and Mongolia concurrent resolution; which was con- NEGOTIATIONS TO ENTER INTO would benefit from expanding and diversi- sidered and agreed to: A FREE TRADE AGREEMENT fying trade opportunities by reducing tariff S. CON. RES. 112 WITH MONGOLIA and nontariff barriers to trade: Now, there- Resolved by the Senate (the House of Rep- fore, be it Mr. HAGEL (for himself, Mr. LUGAR, resentatives concurring), That in the enroll- Mr. OBAMA, Ms. MURKOWSKI, and Mr. Resolved by the Senate (the House of Rep- ment of the bill, S. 3693, the Secretary GREGG) submitted the following con- resentatives concurring), That it is the sense of the Senate shall insert ‘‘or reentries’’ current resolution; which was referred of the Congress that the United States after ‘‘States, reentry’’ in section should continue to work with Mongolia to 212(a)(9)(C)(iii)(II) of the Immigration and to the Committee on Finance: Nationality Act, as added by section expand bilateral United States-Mongolia S. CON. RES. 111 6(b)(1)(C) of the bill. trade opportunities and initiate negotiations Whereas Mongolia declared an end to a f one-party Communist state in 1990 and em- to enter into a free trade agreement with barked on democratic and free-market re- Mongolia. AMENDMENTS SUBMITTED AMD forms; Mr. HAGEL. Mr. President, on behalf PROPOSED Whereas these reforms included adopting of my colleagues Senators LUGAR, SA 4685. Ms. SNOWE submitted an amend- democratic electoral processes, enacting fur- ment intended to be proposed by her to the ther political reform measures, privatizing OBAMA, MURKOWSKI and GREGG, I rise to submit a resolution that expresses bill S. 466, to deauthorize a certain portion of state enterprises, lifting price controls, and the project for navigation, Rockland Harbor, improving fiscal discipline; the sense of the Senate that the United Maine; which was referred to the Committee Whereas since 1990, Mongolia has made States should begin negotiations to es- on Environment and Public Works. progress to strengthen democratic governing tablish a free trade agreement with SA 4686. Mr. HATCH (for himself, Mr. institutions and protect individual rights; Mongolia. SPECTER, Mr. FRIST, Mr. BIDEN, Mr. NELSON, Whereas the Department of State found in of Florida, Mr. DORGAN, Mr. GRASSLEY, Mr. its 2005 Human Rights Report that Mongolia The United States and Mongolia KYL, Mr. SESSIONS, Mr. BURNS, Mr. generally respected the human rights of its enjoy healthy and deepening relations SANTORUM, Mr. DAYTON, Mr. ALLEN, Mr. citizens although concerns remain, including since the end of one-party Communist DEWINE, Mr. TALENT, Mr. GREGG, Ms. CANT- the treatment of prisoners, freedom of the WELL, Mr. MARTINEZ, Mr. ENSIGN, Mr. REID, press and information, due process, and traf- rule in Mongolia in 1990. Today, Mon- Mr. COLEMAN, Ms. SNOWE, Ms. MURKOWSKI, ficking in persons; golia is a strong and consistent partner Mr. THOMAS, and Mrs. HUTCHISON) proposed Whereas the Department of State found in of America, and has demonstrated its an amendment to the bill H.R. 4472, to pro- its 2005 Religious Freedom Report that Mon- commitment to peace, democracy and tect children from sexual exploitation and violent crime, to prevent child abuse and golia generally respects freedom of religion, international stability, notably by its although some concerns remain; child pornography, to promote Internet safe- Whereas Mongolia has been a member of involvement in Iraq and Afghanistan. ty, and to honor the memory of Adam Walsh the World Trade Organization since 1997, and America’s relationship with Mongolia and other child crime victims. a member of the International Monetary carries geostrategic importance. SA 4687. Mr. FRIST submitted an amend- Fund, the World Bank, and the Asian Devel- ment intended to be proposed by him to the opment Bank since 1991; Mongolia has made significant bill H.R. 4472, supra. SA 4688. Mr. LUGAR submitted an amend- Whereas in 1999 the United States provided progress to strengthen its democratic ment intended to be proposed by him to the permanent normal trade relations treatment governing institutions, to protect indi- bill S. 1950, to promote global energy secu- to the products of Mongolia; viduals rights and achieve free-market rity through increased cooperation between Whereas the United States and Mongolia reforms. Its governments have adopted the United States and India in diversifying signed a bilateral Trade and Investment sources of energy, stimulating development Framework Agreement in 2004; reforms that have enacted democratic electoral processes and the rule of law, of alternative fuels, developing and deploy- Whereas Mongolia has expressed steadfast ing technologies that promote the clean and commitment to greater economic reforms, privatized state enterprises, lifted efficient use of coal, and improving energy including a commitment to encourage and price controls and improved fiscal dis- efficiency; which was ordered to lie on the expand the role of the private sector, in- cipline. Mongolia has achieved remark- table. crease transparency, strengthen the rule of law, combat corruption, and comply with able progress and continues to express f international standards for labor and intel- its commitment to continued demo- TEXT OF AMENDMENTS lectual property rights protection; cratic and economic transition. SA 4685. Ms. SNOWE submitted an Whereas bilateral trade between the Mongolia has worked over the past United States and Mongolia in 2005 was val- amendment intended to be proposed by ued at more than $165,000,000; years to become re-integrated in the her to the bill S. 466, to deauthorize a Whereas Mongolia has provided strong and international economic framework. In certain portion of the project for navi- consistent support to the United States in 1991, Mongolia joined the International gation, Rockland Harbor, Maine; which the global war on terror, including support Monetary Fund, the World Bank and was referred to the Committee on Envi- for United States military forces and, since the Asian Development Bank. In 1997, ronment and Public Works; as follows: May 2003, contributed peace keepers to Oper- At the end, add the following: ation Iraqi Freedom, artillery trainers to Op- Mongolia joined the World Trade Orga- nization. In 1999, the United States pro- SEC. 2. REDESIGNATION OF PROJECT FOR NAVI- eration Enduring Freedom, and personnel to GATION, SACO RIVER, MAINE. the United Nations peace-keeping operations vided permanent normal trade rela- The portion of the project for navigation, in Kosovo and Sierra Leone; tions to Mongolia. And, in 2004, the Saco River, Maine, authorized under section Whereas on August 6, 2002, the President United States and Mongolia signed a 107 of the River and Harbor Act of 1960 (33 signed into law H.R. 3009 (Public Law 107– U.S.C. 577) and described as a 6-foot deep, 10- 210), the Trade Act of 2002, which provides for bilateral Trade and Investment Frame- work Agreement. In 2005, bilateral acre maneuvering basin located at the head an expedited procedure for congressional of navigation, is redesignated as an anchor- consideration of international trade agree- trade was valued at more than $165 mil- age area. ments; lion. Whereas on July 15, 2004, President Bush SA 4686. Mr. HATCH (for himself, Mr. This resolution recognizes the sig- and President Bagabandi issued a joint state- SPECTER, Mr. FRIST, Mr. BIDEN, Mr. nificance of the U.S.-Mongolia rela- ment that declared a new era of cooperation NELSON of Florida, Mr. DORGAN, Mr. and comprehensive partnership between the tionship and emphasizes that a deeper GRASSLEY, Mr. KYL, Mr. SESSIONS, Mr. two democratic countries based on shared and more lasting bilateral economic BURNS, Mr. SANTORUM, Mr. DAYTON, values and common strategic interests; and trading relationship is in the inter- Whereas in November 2005, President Mr. ALLEN, Mr. DEWINE, Mr. TALENT, George W. Bush became the first President of est of both countries. I urge my col- Mr. GREGG, Ms. CANTWELL, Mr. MAR- the United States to visit Mongolia, and on leagues to support the adoption of this TINEZ, Mr. ENSIGN, Mr. REID, Mr. COLE- November 21, 2005, President Bush and Presi- resolution. MAN, Ms. SNOWE, Ms. MURKOWSKI, Mr.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.124 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8072 CONGRESSIONAL RECORD — SENATE July 20, 2006 THOMAS, and Mrs. HUTCHISON) proposed Sec. 145. Expansion of training and tech- TITLE VI—GRANTS, STUDIES, AND PRO- an amendment to the bill H.R. 4472, to nology efforts. GRAMS FOR CHILDREN AND COMMU- protect children from sexual exploi- Sec. 146. Office of Sex Offender Sentencing, NITY SAFETY Monitoring, Apprehending, Subtitle A—Mentoring Matches for Youth tation and violent crime, to prevent Registering, and Tracking. child abuse and child pornography, to Act Subtitle C—Access to Information and Re- Sec. 601. Short title. promote Internet safety, and to honor sources Needed To Ensure That Children the memory of Adam Walsh and other Sec. 602. Findings. Are Not Attacked or Abused Sec. 603. Grant program for expanding Big child crime victims; as follows: Sec. 151 Access to national crime informa- Brothers Big Sisters mentoring Strike all after the enacting clause and in- tion databases. program. sert the following: Sec. 152. Requirement to complete back- Sec. 604. Biannual report. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ground checks before approval Sec. 605. Authorization of appropriations. (a) SHORT TITLE.—This Act may be cited as of any foster or adoptive place- Subtitle B—National Police Athletic League the ‘‘Adam Walsh Child Protection and Safe- ment and to check national Youth Enrichment Act ty Act of 2006’’. crime information databases Sec. 611. Short title. (b) TABLE OF CONTENTS.—The table of con- and State child abuse reg- Sec. 612. Findings. tents for this Act is as follows: istries; suspension and subse- Sec. 613. Purpose. Sec. 1. Short title; table of contents. quent elimination of Opt-Out. ´ Sec. 614. Grants authorized. Sec. 2. In recognition of John and REVE Sec. 153. Schools Safe Act. Sec. 615. Use of funds. Walsh on the occasion of the Sec. 154. Missing child reporting require- Sec. 616. Authorization of appropriations. 25th anniversary of Adam ments. Sec. 617. Name of League. Walsh’s abduction and murder. Sec. 155. DNA fingerprinting. Subtitle C—Grants, Studies, and Other TITLE II—FEDERAL CRIMINAL LAW EN- TITLE I—SEX OFFENDER REGISTRATION Provisions AND NOTIFICATION ACT HANCEMENTS NEEDED TO PROTECT Sec. 621. Pilot program for monitoring sex- Sec. 101. Short title. CHILDREN FROM SEXUAL ATTACKS AND OTHER VIOLENT CRIMES ual offenders. Sec. 102. Declaration of purpose. Sec. 622. Treatment and management of sex Sec. 103. Establishment of program. Sec. 201. Prohibition on Internet sales of offenders in the Bureau of Pris- Subtitle A—Sex Offender Registration and date rape drugs. ons. Sec. 202. Jetseta Gage assured punishment Notification Sec. 623. Sex offender apprehension grants; for violent crimes against chil- Sec. 111. Relevant definitions, including juvenile sex offender treatment dren. Amie Zyla expansion of sex of- grants. Sec. 203. Penalties for coercion and entice- fender definition and expanded Sec. 624. Assistance for prosecution of cases ment by sex offenders. inclusion of child predators. cleared through use of DNA Sec. 204. Penalties for conduct relating to Sec. 112. Registry requirements for jurisdic- backlog clearance funds. child prostitution. tions. Sec. 625. Grants to combat sexual abuse of Sec. 113. Registry requirements for sex of- Sec. 205. Penalties for sexual abuse. Sec. 206. Increased penalties for sexual of- children. fenders. Sec. 626. Crime prevention campaign grant. Sec. 114. Information required in registra- fenses against children. Sec. 207. Sexual abuse of wards. Sec. 627. Grants for fingerprinting programs tion. for children. Sec. 115. Duration of registration require- Sec. 208. Mandatory penalties for sex-traf- ficking of children. Sec. 628. Grants for Rape, Abuse & Incest ment. National Network. Sec. 116. Periodic in person verification. Sec. 209. Child abuse reporting. Sec. 210. Sex offender submission to search Sec. 629. Children’s safety online awareness Sec. 117. Duty to notify sex offenders of reg- campaigns. istration requirements and to as condition of release. Sec. 211. No limitation for prosecution of Sec. 630. Grants for online child safety pro- register. grams. Sec. 118. Public access to sex offender infor- felony sex offenses. Sec. 212. Victims’ rights associated with ha- Sec. 631. Jessica Lunsford Address mation through the Internet. Verification Grant Program. Sec. 119. National Sex Offender Registry. beas corpus proceedings. Sec. 632. Fugitive safe surrender. Sec. 120. Dru Sjodin National Sex Offender Sec. 213. Kidnapping jurisdiction. Sec. 633. National registry of substantiated Public Website. Sec. 214. Marital communication and ad- Sec. 121. Megan Nicole Kanka and Alexandra verse spousal privilege. cases of child abuse. Sec. 634. Comprehensive examination of sex Nicole Zapp Community Notifi- Sec. 215. Abuse and neglect of Indian chil- offender issues. cation Program. dren. Sec. 122. Actions to be taken when sex of- Sec. 216. Improvements to the Bail Reform Sec. 635. Annual report on enforcement of fender fails to comply. Act to address sex crimes and registration requirements. Sec. 123. Development and availability of other matters. Sec. 636. Government Accountability Office registry management and TITLE III—CIVIL COMMITMENT OF studies on feasibility of using website software. DANGEROUS SEX OFFENDERS driver’s license registration processes as additional reg- Sec. 124. Period for implementation by juris- Sec. 301. Jimmy Ryce State civil commit- istration requirements for sex dictions. ment programs for sexually Sec. 125. Failure of jurisdiction to comply. offenders. dangerous persons. Sec. 637. Sex offender risk classification Sec. 126. Sex Offender Management Assist- Sec. 302. Jimmy Ryce civil commitment study. ance (SOMA) Program. program. Sec. 127. Election by Indian tribes. Sec. 638. Study of the effectiveness of re- Sec. 128. Registration of sex offenders enter- TITLE IV—IMMIGRATION LAW REFORMS stricting the activities of sex ing the United States. TO PREVENT SEX OFFENDERS FROM offenders to reduce the occur- Sec. 129. Repeal of predecessor sex offender ABUSING CHILDREN rence of repeat offenses. program. Sec. 401. Failure to register a deportable of- Sec. 639. The justice for Crime Victims Fam- Sec. 130. Limitation on liability for the na- fense. ily Act. tional center for missing and Sec. 402. Barring convicted sex offenders TITLE VII—INTERNET SAFETY ACT exploited children. from having family-based peti- Sec. 701. Child exploitation enterprises. Sec. 131. Immunity for good faith conduct. tions approved. Sec. 702. Increased penalties for registered Subtitle B—Improving Federal Criminal Law TITLE V—CHILD PORNOGRAPHY sex offenders. Enforcement To Ensure Sex Offender Com- PREVENTION Sec. 703. Deception by embedded words or pliance With Registration and Notification Sec. 501. Findings. images. Requirements and Protection of Children Sec. 502. Other record keeping requirements. Sec. 704. Additional prosecutors for offenses From Violent Predators Sec. 503. Record keeping requirements for relating to the sexual exploi- Sec. 141. Amendments to title 18, United simulated sexual conduct. tation of children. States Code, relating to sex of- Sec. 504. Prevention of distribution of child Sec. 705. Additional computer-related re- fender registration. pornography used as evidence sources. Sec. 142. Federal assistance with respect to in prosecutions. Sec. 706. Additional ICAC Task Forces. violations of registration re- Sec. 505. Authorizing civil and criminal Sec. 707. Masha’s Law. quirements. asset forfeiture in child exploi- SEC. 2. IN RECOGNITION OF JOHN AND REVE´ Sec. 143. Project Safe Childhood. tation and obscenity cases. WALSH ON THE OCCASION OF THE Sec. 144. Federal assistance in identification Sec. 506. Prohibiting the production of ob- 25TH ANNIVERSARY OF ADAM and location of sex offenders re- scenity as well as transpor- WALSH’S ABDUCTION AND MURDER. located as a result of a major tation, distribution, and sale. (a) ADAM WALSH’S ABDUCTION AND MUR- disaster. Sec. 507. Guardians ad litem. DER.—On July 27, 1981, in Hollywood, Florida,

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.135 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8073

6-year-old Adam Walsh was abducted at a SEC. 103. ESTABLISHMENT OF PROGRAM. (B) FOREIGN CONVICTIONS.—A foreign con- mall. Two weeks later, some of Adam’s re- This Act establishes the Jacob Wetterling, viction is not a sex offense for the purposes mains were discovered in a canal more than Megan Nicole Kanka, and Pam Lychner Sex of this title if it was not obtained with suffi- 100 miles from his home. Offender Registration and Notification Pro- cient safeguards for fundamental fairness (b) JOHN AND REVE´ WALSH’S COMMITMENT gram. and due process for the accused under guide- TO THE SAFETY OF CHILDREN.—Since the ab- Subtitle A—Sex Offender Registration and lines or regulations established under sec- duction and murder of their son Adam, both tion 112. Notification John and Reve´ Walsh have dedicated them- (C) OFFENSES INVOLVING CONSENSUAL SEX- selves to protecting children from child pred- SEC. 111. RELEVANT DEFINITIONS, INCLUDING UAL CONDUCT.—An offense involving consen- ators, preventing attacks on our children, AMIE ZYLA EXPANSION OF SEX OF- sual sexual conduct is not a sex offense for FENDER DEFINITION AND EX- and bringing child predators to justice. Their PANDED INCLUSION OF CHILD the purposes of this title if the victim was an commitment has saved the lives of numerous PREDATORS. adult, unless the adult was under the custo- children. Congress, and the American people, In this title the following definitions dial authority of the offender at the time of ´ honor John and Reve Walsh for their dedica- apply: the offense, or if the victim was at least 13 tion to the well-being and safety of Amer- years old and the offender was not more than (1) SEX OFFENDER.—The term ‘‘sex of- ica’s children. fender’’ means an individual who was con- 4 years older than the victim. (6) CRIMINAL OFFENSE.—The term ‘‘criminal TITLE I—SEX OFFENDER REGISTRATION victed of a sex offense. offense’’ means a State, local, tribal, foreign, AND NOTIFICATION ACT (2) TIER I SEX OFFENDER.—The term ‘‘tier I or military offense (to the extent specified SEC. 101. SHORT TITLE. sex offender’’ means a sex offender other by the Secretary of Defense under section This title may be cited as the ‘‘Sex Of- than a tier II or tier III sex offender. 115(a)(8)(C)(i) of Public Law 105–119 (10 U.S.C. fender Registration and Notification Act’’. (3) TIER II SEX OFFENDER.—The term ‘‘tier 951 note)) or other criminal offense. SEC. 102. DECLARATION OF PURPOSE. II sex offender’’ means a sex offender other (7) EXPANSION OF DEFINITION OF ‘‘SPECIFIED In order to protect the public from sex of- than a tier III sex offender whose offense is OFFENSE AGAINST A MINOR’’ TO INCLUDE ALL fenders and offenders against children, and punishable by imprisonment for more than 1 OFFENSES BY CHILD PREDATORS.—The term year and— in response to the vicious attacks by violent ‘‘specified offense against a minor’’ means an predators against the victims listed below, (A) is comparable to or more severe than offense against a minor that involves any of Congress in this Act establishes a com- the following offenses, when committed the following: prehensive national system for the registra- against a minor, or an attempt or conspiracy (A) An offense (unless committed by a par- tion of those offenders: to commit such an offense against a minor: ent or guardian) involving kidnapping. (1) Jacob Wetterling, who was 11 years old, (i) sex trafficking (as described in section (B) An offense (unless committed by a par- was abducted in 1989 in Minnesota, and re- 1591 of title 18, United States Code); ent or guardian) involving false imprison- mains missing. (ii) coercion and enticement (as described ment. (2) Megan Nicole Kanka, who was 7 years in section 2422(b) of title 18, United States (C) Solicitation to engage in sexual con- old, was abducted, sexually assaulted, and Code); duct. murdered in 1994, in New Jersey. (iii) transportation with intent to engage (D) Use in a sexual performance. (3) Pam Lychner, who was 31 years old, was in criminal sexual activity (as described in (E) Solicitation to practice prostitution. attacked by a career offender in Houston, section 2423(a)) of title 18, United States (F) Video voyeurism as described in sec- Texas. Code; tion 1801 of title 18, United States Code. (4) Jetseta Gage, who was 10 years old, was (iv) abusive sexual contact (as described in (G) Possession, production, or distribution kidnapped, sexually assaulted, and murdered section 2244 of title 18, United States Code); of child pornography. in 2005, in Cedar Rapids, Iowa. (B) involves— (H) Criminal sexual conduct involving a (5) Dru Sjodin, who was 22 years old, was (i) use of a minor in a sexual performance; minor, or the use of the Internet to facilitate sexually assaulted and murdered in 2003, in (ii) solicitation of a minor to practice pros- or attempt such conduct. North Dakota. titution; or (I) Any conduct that by its nature is a sex (6) Jessica Lunsford, who was 9 years old, (iii) production or distribution of child por- offense against a minor. was abducted, sexually assaulted, buried nography; or (8) CONVICTED AS INCLUDING CERTAIN JUVE- alive, and murdered in 2005, in Homosassa, (C) occurs after the offender becomes a tier NILE ADJUDICATIONS.—The term ‘‘convicted’’ Florida. I sex offender. or a variant thereof, used with respect to a (7) Sarah Lunde, who was 13 years old, was (4) TIER III SEX OFFENDER.—The term ‘‘tier sex offense, includes adjudicated delinquent strangled and murdered in 2005, in Ruskin, III sex offender’’ means a sex offender whose as a juvenile for that offense, but only if the Florida. offense is punishable by imprisonment for offender is 14 years of age or older at the (8) Amie Zyla, who was 8 years old, was more than 1 year and— time of the offense and the offense adju- sexually assaulted in 1996 by a juvenile of- (A) is comparable to or more severe than dicated was comparable to or more severe fender in Waukesha, Wisconsin, and has be- the following offenses, or an attempt or con- than aggravated sexual abuse (as described come an advocate for child victims and pro- spiracy to commit such an offense: in section 2241 of title 18, United States tection of children from juvenile sex offend- (i) aggravated sexual abuse or sexual abuse Code), or was an attempt or conspiracy to ers. (as described in sections 2241 and 2242 of title commit such an offense. (9) Christy Ann Fornoff, who was 13 years 18, United States Code); or (9) SEX OFFENDER REGISTRY.—The term old, was abducted, sexually assaulted, and (ii) abusive sexual contact (as described in ‘‘sex offender registry’’ means a registry of murdered in 1984, in Tempe, Arizona. section 2244 of title 18, United States Code) sex offenders, and a notification program, (10) Alexandra Nicole Zapp, who was 30 against a minor who has not attained the age maintained by a jurisdiction. years old, was brutally attacked and mur- of 13 years; (10) JURISDICTION.—The term ‘‘jurisdic- dered in a public restroom by a repeat sex of- (B) involves kidnapping of a minor (unless tion’’ means any of the following: fender in 2002, in Bridgewater, Massachu- committed by a parent or guardian); or (A) A State. setts. (C) occurs after the offender becomes a tier (B) The District of Columbia. (11) Polly Klaas, who was 12 years old, was II sex offender. (C) The Commonwealth of Puerto Rico. abducted, sexually assaulted, and murdered (5) AMIE ZYLA EXPANSION OF SEX OFFENSE (D) Guam. in 1993 by a career offender in California. DEFINITION.— (E) American Samoa. (12) Jimmy Ryce, who was 9 years old, was (A) GENERALLY.—Except as limited by sub- (F) The Northern Mariana Islands. kidnapped and murdered in Florida on Sep- paragraph (B) or (C), the term ‘‘sex offense’’ (G) The United States Virgin Islands. tember 11, 1995. means— (H) To the extent provided and subject to (13) Carlie Brucia, who was 11 years old, (i) a criminal offense that has an element the requirements of section 127, a federally was abducted and murdered in Florida in involving a sexual act or sexual contact with recognized Indian tribe. February, 2004. another; (11) STUDENT.—The term ‘‘student’’ means (14) Amanda Brown, who was 7 years old, (ii) a criminal offense that is a specified of- an individual who enrolls in or attends an was abducted and murdered in Florida in fense against a minor; educational institution, including (whether 1998. (iii) a Federal offense (including an offense public or private) a secondary school, trade (15) Elizabeth Smart, who was 14 years old, prosecuted under section 1152 or 1153 of title or professional school, and institution of was abducted in Salt Lake City, Utah in 18, United States Code) under section 1591, or higher education. June 2002. chapter 109A, 110 (other than section 2257, (12) EMPLOYEE.—The term ‘‘employee’’ in- (16) Molly Bish, who was 16 years old, was 2257A, or 2258), or 117, of title 18, United cludes an individual who is self-employed or abducted in 2000 while working as a lifeguard States Code; works for any other entity, whether com- in Warren, Massachusetts, where her re- (iv) a military offense specified by the Sec- pensated or not. mains were found 3 years later. retary of Defense under section 115(a)(8)(C)(i) (13) RESIDES.—The term ‘‘resides’’ means, (17) Samantha Runnion, who was 5 years of Public Law 105–119 (10 U.S.C. 951 note); or with respect to an individual, the location of old, was abducted, sexually assaulted, and (v) an attempt or conspiracy to commit an the individual’s home or other place where murdered in California on July 15, 2002. offense described in clauses (i) through (iv). the individual habitually lives.

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(14) MINOR.—The term ‘‘minor’’ means an shall ensure that the following information SEC. 117. DUTY TO NOTIFY SEX OFFENDERS OF individual who has not attained the age of 18 is included in the registry for that sex of- REGISTRATION REQUIREMENTS AND TO REGISTER. years. fender: (a) IN GENERAL.—An appropriate official SEC. 112. REGISTRY REQUIREMENTS FOR JURIS- (1) A physical description of the sex of- shall, shortly before release of the sex of- DICTIONS. fender. fender from custody, or, if the sex offender is (a) JURISDICTION TO MAINTAIN A REG- (2) The text of the provision of law defining not in custody, immediately after the sen- ISTRY.—Each jurisdiction shall maintain a the criminal offense for which the sex of- tencing of the sex offender, for the offense jurisdiction-wide sex offender registry con- fender is registered. giving rise to the duty to register— forming to the requirements of this title. (3) The criminal history of the sex of- (1) inform the sex offender of the duties of (b) GUIDELINES AND REGULATIONS.—The At- fender, including the date of all arrests and a sex offender under this title and explain torney General shall issue guidelines and convictions; the status of parole, probation, those duties; regulations to interpret and implement this or supervised release; registration status; (2) require the sex offender to read and sign title. and the existence of any outstanding arrest a form stating that the duty to register has SEC. 113. REGISTRY REQUIREMENTS FOR SEX OF- warrants for the sex offender. been explained and that the sex offender un- FENDERS. (4) A current photograph of the sex of- derstands the registration requirement; and (a) IN GENERAL.—A sex offender shall reg- fender. (3) ensure that the sex offender is reg- ister, and keep the registration current, in (5) A set of fingerprints and palm prints of istered. each jurisdiction where the offender resides, the sex offender. (b) NOTIFICATION OF SEX OFFENDERS WHO where the offender is an employee, and where (6) A DNA sample of the sex offender. CANNOT COMPLY WITH SUBSECTION (a).—The the offender is a student. For initial reg- (7) A photocopy of a valid driver’s license Attorney General shall prescribe rules for istration purposes only, a sex offender shall or identification card issued to the sex of- the notification of sex offenders who cannot also register in the jurisdiction in which con- fender by a jurisdiction. be registered in accordance with subsection victed if such jurisdiction is different from (8) Any other information required by the (a). the jurisdiction of residence. Attorney General. (b) INITIAL REGISTRATION.—The sex of- SEC. 118. PUBLIC ACCESS TO SEX OFFENDER IN- fender shall initially register— SEC. 115. DURATION OF REGISTRATION REQUIRE- FORMATION THROUGH THE INTER- (1) before completing a sentence of impris- MENT. NET. onment with respect to the offense giving (a) IN GENERAL.—Except as provided in this (a) FULL REGISTRATION PERIOD.—A sex of- rise to the registration requirement; or section, each jurisdiction shall make avail- fender shall keep the registration current for (2) not later than 3 business days after able on the Internet, in a manner that is being sentenced for that offense, if the sex the full registration period (excluding any readily accessible to all jurisdictions and to offender is not sentenced to a term of impris- time the sex offender is in custody or civilly the public, all information about each sex of- onment. committed) unless the offender is allowed a fender in the registry. The jurisdiction shall (c) KEEPING THE REGISTRATION CURRENT.— reduction under subsection (b). The full reg- maintain the Internet site in a manner that A sex offender shall, not later than 3 busi- istration period is— will permit the public to obtain relevant in- ness days after each change of name, resi- (1) 15 years, if the offender is a tier I sex of- formation for each sex offender by a single dence, employment, or student status, ap- fender; query for any given zip code or geographic pear in person in at least 1 jurisdiction in- (2) 25 years, if the offender is a tier II sex radius set by the user. The jurisdiction shall volved pursuant to subsection (a) and inform offender; and also include in the design of its Internet site that jurisdiction of all changes in the infor- (3) the life of the offender, if the offender is all field search capabilities needed for full mation required for that offender in the sex a tier III sex offender. participation in the Dru Sjodin National Sex Offender Public Website and shall partici- offender registry. That jurisdiction shall im- (b) REDUCED PERIOD FOR CLEAN RECORD.— pate in that website as provided by the At- mediately provide that information to all (1) CLEAN RECORD.—The full registration torney General. other jurisdictions in which the offender is period shall be reduced as described in para- (b) MANDATORY EXEMPTIONS.—A jurisdic- required to register. graph (3) for a sex offender who maintains a (d) INITIAL REGISTRATION OF SEX OFFEND- tion shall exempt from disclosure— clean record for the period described in para- ERS UNABLE TO COMPLY WITH SUBSECTION (1) the identity of any victim of a sex of- graph (2) by— (b).—The Attorney General shall have the fense; (A) not being convicted of any offense for authority to specify the applicability of the (2) the Social Security number of the sex which imprisonment for more than 1 year requirements of this title to sex offenders offender; may be imposed; convicted before the enactment of this Act (3) any reference to arrests of the sex of- (B) not being convicted of any sex offense; or its implementation in a particular juris- fender that did not result in conviction; and (C) successfully completing any periods of diction, and to prescribe rules for the reg- (4) any other information exempted from supervised release, probation, and parole; istration of any such sex offenders and for disclosure by the Attorney General. and other categories of sex offenders who are un- (c) OPTIONAL EXEMPTIONS.—A jurisdiction (D) successfully completing of an appro- able to comply with subsection (b). may exempt from disclosure— priate sex offender treatment program cer- (e) STATE PENALTY FOR FAILURE TO COM- (1) any information about a tier I sex of- tified by a jurisdiction or by the Attorney PLY.—Each jurisdiction, other than a Feder- fender convicted of an offense other than a General. ally recognized Indian tribe, shall provide a specified offense against a minor; (2) PERIOD.—In the case of— criminal penalty that includes a maximum (2) the name of an employer of the sex of- (A) a tier I sex offender, the period during term of imprisonment that is greater than 1 fender; which the clean record shall be maintained is year for the failure of a sex offender to com- (3) the name of an educational institution 10 years; and ply with the requirements of this title. where the sex offender is a student; and (B) a tier III sex offender adjudicated delin- (4) any other information exempted from SEC. 114. INFORMATION REQUIRED IN REGISTRA- quent for the offense which required reg- TION. disclosure by the Attorney General. istration in a sex registry under this title, (a) PROVIDED BY THE OFFENDER.—The sex (d) LINKS.—The site shall include, to the offender shall provide the following informa- the period during which the clean record extent practicable, links to sex offender safe- tion to the appropriate official for inclusion shall be maintained is 25 years. ty and education resources. in the sex offender registry: (3) REDUCTION.—In the case of— (e) CORRECTION OF ERRORS.—The site shall (1) The name of the sex offender (including (A) a tier I sex offender, the reduction is 5 include instructions on how to seek correc- any alias used by the individual). years; tion of information that an individual con- (2) The Social Security number of the sex (B) a tier III sex offender adjudicated delin- tends is erroneous. offender. quent, the reduction is from life to that pe- (f) WARNING.—The site shall include a (3) The address of each residence at which riod for which the clean record under para- warning that information on the site should the sex offender resides or will reside. graph (2) is maintained. not be used to unlawfully injure, harass, or (4) The name and address of any place SEC. 116. PERIODIC IN PERSON VERIFICATION. commit a crime against any individual where the sex offender is an employee or will named in the registry or residing or working be an employee. A sex offender shall appear in person, allow at any reported address. The warning shall (5) The name and address of any place the jurisdiction to take a current photo- note that any such action could result in where the sex offender is a student or will be graph, and verify the information in each civil or criminal penalties. a student. registry in which that offender is required to SEC. 119. NATIONAL SEX OFFENDER REGISTRY. (6) The license plate number and a descrip- be registered not less frequently than— (a) INTERNET.—The Attorney General shall tion of any vehicle owned or operated by the (1) each year, if the offender is a tier I sex maintain a national database at the Federal sex offender. offender; Bureau of Investigation for each sex offender (7) Any other information required by the (2) every 6 months, if the offender is a tier and any other person required to register in Attorney General. II sex offender; and a jurisdiction’s sex offender registry. The (b) PROVIDED BY THE JURISDICTION.—The ju- (3) every 3 months, if the offender is a tier database shall be known as the National Sex risdiction in which the sex offender registers III sex offender. Offender Registry.

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(b) ELECTRONIC FORWARDING.—The Attor- SEC. 123. DEVELOPMENT AND AVAILABILITY OF jurisdiction shall be subject to a funding re- ney General shall ensure (through the Na- REGISTRY MANAGEMENT AND duction as specified in subsection (a). tional Sex Offender Registry or otherwise) WEBSITE SOFTWARE. (c) REALLOCATION.—Amounts not allocated that updated information about a sex of- (a) DUTY TO DEVELOP AND SUPPORT.—The under a program referred to in this section fender is immediately transmitted by elec- Attorney General shall, in consultation with to a jurisdiction for failure to substantially tronic forwarding to all relevant jurisdic- the jurisdictions, develop and support soft- implement this title shall be reallocated tions. ware to enable jurisdictions to establish and under that program to jurisdictions that SEC. 120. DRU SJODIN NATIONAL SEX OFFENDER operate uniform sex offender registries and have not failed to substantially implement PUBLIC WEBSITE. Internet sites. this title or may be reallocated to a jurisdic- (a) ESTABLISHMENT.—There is established (b) CRITERIA.—The software should facili- tion from which they were withheld to be the Dru Sjodin National Sex Offender Public tate— used solely for the purpose of implementing Website (hereinafter in this section referred (1) immediate exchange of information this title. among jurisdictions; to as the ‘‘Website’’), which the Attorney (d) RULE OF CONSTRUCTION.—The provisions General shall maintain. (2) public access over the Internet to ap- of this title that are cast as directions to ju- (b) INFORMATION TO BE PROVIDED.—The propriate information, including the number risdictions or their officials constitute, in re- Website shall include relevant information of registered sex offenders in each jurisdic- lation to States, only conditions required to for each sex offender and other person listed tion on a current basis; avoid the reduction of Federal funding under on a jurisdiction’s Internet site. The Website (3) full compliance with the requirements this section. shall allow the public to obtain relevant in- of this title; and (4) communication of information to com- SEC. 126. SEX OFFENDER MANAGEMENT ASSIST- formation for each sex offender by a single ANCE (SOMA) PROGRAM. munity notification program participants as query for any given zip code or geographical (a) IN GENERAL.—The Attorney General required under section 121. radius set by the user in a form and with shall establish and implement a Sex Offender such limitations as may be established by (c) DEADLINE.—The Attorney General shall make the first complete edition of this soft- Management Assistance program (in this the Attorney General and shall have such title referred to as the ‘‘SOMA program’’), other field search capabilities as the Attor- ware available to jurisdictions within 2 years of the date of the enactment of this Act. under which the Attorney General may ney General may provide. award a grant to a jurisdiction to offset the SEC. 124. PERIOD FOR IMPLEMENTATION BY JU- SEC. 121. MEGAN NICOLE KANKA AND ALEX- costs of implementing this title. ANDRA NICOLE ZAPP COMMUNITY RISDICTIONS. (b) APPLICATION.—The chief executive of a NOTIFICATION PROGRAM. (a) DEADLINE.—Each jurisdiction shall im- jurisdiction desiring a grant under this sec- (a) ESTABLISHMENT OF PROGRAM.—There is plement this title before the later of— tion shall, on an annual basis, submit to the established the Megan Nicole Kanka and Al- (1) 3 years after the date of the enactment Attorney General an application in such exandra Nicole Zapp Community Notifica- of this Act; and form and containing such information as the tion Program (hereinafter in this section re- (2) 1 year after the date on which the soft- Attorney General may require. ferred to as the ‘‘Program’’). ware described in section 123 is available. (c) BONUS PAYMENTS FOR PROMPT COMPLI- (b) PROGRAM NOTIFICATION.—Except as pro- (b) EXTENSIONS.—The Attorney General vided in subsection (c), immediately after a may authorize up to two 1-year extensions of ANCE.—A jurisdiction that, as determined by sex offender registers or updates a registra- the deadline. the Attorney General, has substantially im- tion, an appropriate official in the jurisdic- SEC. 125. FAILURE OF JURISDICTION TO COMPLY. plemented this title not later than 2 years tion shall provide the information in the reg- (a) IN GENERAL.—For any fiscal year after after the date of the enactment of this Act is istry (other than information exempted from the end of the period for implementation, a eligible for a bonus payment. The Attorney disclosure by the Attorney General) about jurisdiction that fails, as determined by the General may make such a payment under that offender to the following: Attorney General, to substantially imple- the SOMA program for the first fiscal year (1) The Attorney General, who shall in- ment this title shall not receive 10 percent of beginning after that determination. The clude that information in the National Sex the funds that would otherwise be allocated amount of the payment shall be— Offender Registry or other appropriate data- for that fiscal year to the jurisdiction under (1) 10 percent of the total received by the bases. subpart 1 of part E of title I of the Omnibus jurisdiction under the SOMA program for the (2) Appropriate law enforcement agencies Crime Control and Safe Streets Act of 1968 preceding fiscal year, if that implementation (including probation agencies, if appro- (42 U.S.C. 3750 et seq.). is not later than 1 year after the date of en- priate), and each school and public housing (b) STATE CONSTITUTIONALITY.— actment of this Act; and agency, in each area in which the individual (1) IN GENERAL.—When evaluating whether (2) 5 percent of such total, if not later than resides, is an employee or is a student. a jurisdiction has substantially implemented 2 years after that date. (3) Each jurisdiction where the sex offender this title, the Attorney General shall con- (d) AUTHORIZATION OF APPROPRIATIONS.—In resides, is an employee, or is a student, and sider whether the jurisdiction is unable to addition to any amounts otherwise author- each jurisdiction from or to which a change substantially implement this title because of ized to be appropriated, there are authorized of residence, employment, or student status a demonstrated inability to implement cer- to be appropriated such sums as may be nec- occurs. tain provisions that would place the jurisdic- essary to the Attorney General, to be avail- (4) Any agency responsible for conducting tion in violation of its constitution, as deter- able only for the SOMA program, for fiscal employment-related background checks mined by a ruling of the jurisdiction’s high- years 2007 through 2009. under section 3 of the National Child Protec- est court. SEC. 127. ELECTION BY INDIAN TRIBES. tion Act of 1993 (42 U.S.C. 5119a). (2) EFFORTS.—If the circumstances arise (a) ELECTION.— (5) Social service entities responsible for under paragraph (1), then the Attorney Gen- (1) IN GENERAL.—A federally recognized In- protecting minors in the child welfare sys- eral and the jurisdiction shall make good dian tribe may, by resolution or other enact- tem. faith efforts to accomplish substantial im- ment of the tribal council or comparable (6) Volunteer organizations in which con- plementation of this title and to reconcile governmental body— tact with minors or other vulnerable individ- any conflicts between this title and the ju- (A) elect to carry out this subtitle as a ju- uals might occur. risdiction’s constitution. In considering risdiction subject to its provisions; or (7) Any organization, company, or indi- whether compliance with the requirements (B) elect to delegate its functions under vidual who requests such notification pursu- of this title would likely violate the jurisdic- this subtitle to another jurisdiction or juris- ant to procedures established by the jurisdic- tion’s constitution or an interpretation dictions within which the territory of the tion. thereof by the jurisdiction’s highest court, tribe is located and to provide access to its (c) FREQUENCY.—Notwithstanding sub- the Attorney General shall consult with the territory and such other cooperation and as- section (b), an organization or individual de- chief executive and chief legal officer of the sistance as may be needed to enable such scribed in subsection (b)(6) or (b)(7) may opt jurisdiction concerning the jurisdiction’s in- other jurisdiction or jurisdictions to carry to receive the notification described in that terpretation of the jurisdiction’s constitu- out and enforce the requirements of this sub- subsection no less frequently than once tion and rulings thereon by the jurisdiction’s title. every five business days. highest court. (2) IMPUTED ELECTION IN CERTAIN CASES.—A SEC. 122. ACTIONS TO BE TAKEN WHEN SEX OF- (3) ALTERNATIVE PROCEDURES.—If the juris- tribe shall be treated as if it had made the FENDER FAILS TO COMPLY. diction is unable to substantially implement election described in paragraph (1)(B) if— An appropriate official shall notify the At- this title because of a limitation imposed by (A) it is a tribe subject to the law enforce- torney General and appropriate law enforce- the jurisdiction’s constitution, the Attorney ment jurisdiction of a State under section ment agencies of any failure by a sex of- General may determine that the jurisdiction 1162 of title 18, United States Code; fender to comply with the requirements of a is in compliance with this Act if the jurisdic- (B) the tribe does not make an election registry and revise the jurisdiction’s registry tion has made, or is in the process of imple- under paragraph (1) within 1 year of the en- to reflect the nature of that failure. The ap- menting reasonable alternative procedures actment of this Act or rescinds an election propriate official, the Attorney General, and or accommodations, which are consistent under paragraph (1)(A); or each such law enforcement agency shall take with the purposes of this Act. (C) the Attorney General determines that any appropriate action to ensure compli- (4) FUNDING REDUCTION.—If a jurisdiction the tribe has not substantially implemented ance. does not comply with paragraph (3), then the the requirements of this subtitle and is not

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AMENDMENTS TO TITLE 18, UNITED (5) Whether the person has been convicted functions under this subtitle which are fully STATES CODE, RELATING TO SEX OF- or adjudicated delinquent for any offense carried out by another jurisdiction or juris- FENDER REGISTRATION. other than the offense which gave rise to the dictions within which the territory of the (a) CRIMINAL PENALTIES FOR NONREGISTRA- requirement to register. tribe is located. TION.— (c) FALSE STATEMENT OFFENSE.—Section (2) COOPERATIVE AGREEMENTS.—A tribe (1) IN GENERAL.—Part I of title 18, United 1001(a) of title 18, United States Code, is may, through cooperative agreements with States Code, is amended by inserting after amended by adding at the end the following: such a jurisdiction or jurisdictions— chapter 109A the following: ‘‘If the matter relates to an offense under (A) arrange for the tribe to carry out any ‘‘CHAPTER 109B—SEX OFFENDER AND chapter 109A, 109B, 110, or 117, or section 1591, function of such a jurisdiction under this CRIMES AGAINST CHILDREN REGISTRY then the term of imprisonment imposed under this section shall be not more than 8 subtitle with respect to sex offenders subject ‘‘Sec years.’’. to the tribe’s jurisdiction; and ‘‘2250. Failure to register (B) arrange for such a jurisdiction to carry (d) PROBATION.—Paragraph (8) of section ‘‘§ 2250. Failure to register out any function of the tribe under this sub- 3563(a) of title 18, United States Code, is title with respect to sex offenders subject to ‘‘(a) IN GENERAL.—Whoever— amended to read as follows: the tribe’s jurisdiction. ‘‘(1) is required to register under the Sex ‘‘(8) for a person required to register under Offender Registration and Notification Act; the Sex Offender Registration and Notifica- SEC. 128. REGISTRATION OF SEX OFFENDERS EN- ‘‘(2)(A) is a sex offender as defined for the TERING THE UNITED STATES. tion Act, that the person comply with the re- purposes of the Sex Offender Registration quirements of that Act; and’’. The Attorney General, in consultation and Notification Act by reason of a convic- (e) SUPERVISED RELEASE.—Section 3583 of with the Secretary of State and the Sec- tion under Federal law (including the Uni- title 18, United States Code, is amended— retary of Homeland Security, shall establish form Code of Military Justice), the law of (1) in subsection (d), in the sentence begin- and maintain a system for informing the rel- the District of Columbia, Indian tribal law, ning with ‘‘The court shall order, as an ex- evant jurisdictions about persons entering or the law of any territory or possession of plicit condition of supervised release for a the United States who are required to reg- the United States; or person described in section 4042(c)(4)’’, by ister under this title. The Secretary of State ‘‘(B) travels in interstate or foreign com- striking ‘‘described in section 4042(c)(4)’’ and and the Secretary of Homeland Security merce, or enters or leaves, or resides in, In- all that follows through the end of the sen- shall provide such information and carry out dian country; and tence and inserting ‘‘required to register such functions as the Attorney General may ‘‘(3) knowingly fails to register or update a under the Sex Offender Registration and No- direct in the operation of the system. registration as required by the Sex Offender tification Act, that the person comply with SEC. 129. REPEAL OF PREDECESSOR SEX OF- Registration and Notification Act; the requirements of that Act.’’. FENDER PROGRAM. shall be fined under this title or imprisoned (2) in subsection (k)— (a) REPEAL.—Sections 170101 (42 U.S.C. not more than 10 years, or both. (A) by striking ‘‘2244(a)(1), 2244(a)(2)’’ and 14071) and 170102 (42 U.S.C. 14072) of the Vio- ‘‘(b) AFFIRMATIVE DEFENSE.—In a prosecu- inserting ‘‘2243, 2244, 2245, 2250’’; lent Crime Control and Law Enforcement tion for a violation under subsection (a), it is (B) by inserting ‘‘not less than 5,’’ after Act of 1994, and section 8 of the Pam Lychner an affirmative defense that— ‘‘any term of years’’; and Sexual Offender Tracking and Identification ‘‘(1) uncontrollable circumstances pre- (C) by adding at the end the following: ‘‘If Act of 1996 (42 U.S.C. 14073), are repealed. vented the individual from complying; a defendant required to register under the (b) EFFECTIVE DATE.—Notwithstanding any ‘‘(2) the individual did not contribute to Sex Offender Registration and Notification other provision of this Act, this section shall the creation of such circumstances in reck- Act commits any criminal offense under any take effect on the date of the deadline deter- less disregard of the requirement to comply; of chapters 109A, 110, or 117, or sections 1201 mined in accordance with section 124(a). and or 1591, for which imprisonment for a term SEC. 130. LIMITATION ON LIABILITY FOR THE NA- ‘‘(3) the individual complied as soon as longer than 1 year can be imposed, the court TIONAL CENTER FOR MISSING AND such circumstances ceased to exist. shall revoke the term of supervised release EXPLOITED CHILDREN. ‘‘(c) CRIME OF VIOLENCE.— and require the defendant to serve a term of Section 227 of the Victims of Child Abuse ‘‘(1) IN GENERAL.—An individual described imprisonment under subsection (e)(3) with- Act of 1990 (42 U.S.C. 13032) is amended by in subsection (a) who commits a crime of vi- out regard to the exception contained there- adding at the end the following: olence under Federal law (including the Uni- in. Such term shall be not less than 5 ‘‘(g) LIMITATION ON LIABILITY.— form Code of Military Justice), the law of years.’’. ‘‘(1) IN GENERAL.—Except as provided in the District of Columbia, Indian tribal law, (f) DUTIES OF THE BUREAU OF PRISONS.— paragraphs (2) and (3), the National Center or the law of any territory or possession of Paragraph (3) of section 4042(c) of title 18, for Missing and Exploited Children, includ- the United States shall be imprisoned for not United States Code, is amended to read as ing any of its directors, officers, employees, less than 5 years and not more than 30 years. follows: or agents, is not liable in any civil or crimi- ‘‘(2) ADDITIONAL PUNISHMENT.—The punish- ‘‘(3) The Director of the Bureau of Prisons nal action arising from the performance of ment provided in paragraph (1) shall be in shall inform a person who is released from its CyberTipline responsibilities and func- addition and consecutive to the punishment prison and required to register under the Sex tions, as defined by this section, or from its provided for the violation described in sub- Offender Registration and Notification Act efforts to identify child victims. section (a).’’. of the requirements of that Act as they ‘‘(2) INTENTIONAL, RECKLESS, OR OTHER MIS- (2) CLERICAL AMENDMENT.—The table of apply to that person and the same informa- CONDUCT.—Paragraph (1) does not apply in an chapters for part I of title 18, United States tion shall be provided to a person sentenced action in which a party proves that the Na- Code, is amended by inserting after the item to probation by the probation officer respon- tional Center for Missing and Exploited Chil- relating to chapter 109A the following: sible for supervision of that person.’’. (g) CONFORMING AMENDMENTS TO CROSS dren, or its officer, employee, or agent as the ‘‘109B. Sex offender and crimes REFERENCES.—Section 4042(c) of title 18, case may be, engaged in intentional mis- against children registry ...... 2250’’. United States Code, is amended— conduct or acted, or failed to act, with ac- (b) DIRECTIVE TO THE UNITED STATES SEN- (1) in paragraph (1), by striking ‘‘(4)’’ and tual malice, with reckless disregard to a sub- TENCING COMMISSION.—In promulgating inserting ‘‘(3), or any other person in a cat- stantial risk of causing injury without legal guidelines for use of a sentencing court in egory specified by the Attorney General,’’; justification, or for a purpose unrelated to determining the sentence to be imposed for and the performance of responsibilities or func- the offense specified in subsection (a), the (2) in paragraph (2)— tions under this section. United States Sentencing Commission shall (A) in the first sentence, by striking ‘‘shall ‘‘(3) ORDINARY BUSINESS ACTIVITIES.—Para- consider the following matters, in addition be subject to a registration requirement as a graph (1) does not apply to an act or omis- to the matters specified in section 994 of title sex offender’’ and inserting ‘‘shall register as sion related to an ordinary business activity, 28, United States Code: required by the Sex Offender Registration such as an activity involving general admin- (1) Whether the person committed another and Notification Act’’; and istration or operations, the use of motor ve- sex offense in connection with, or during, the (B) in the fourth sentence, by striking hicles, or personnel management.’’. period for which the person failed to register. ‘‘(4)’’ and inserting ‘‘(3)’’. SEC. 131. IMMUNITY FOR GOOD FAITH CONDUCT. (2) Whether the person committed an of- (h) CONFORMING REPEAL OF DEADWOOD.— The Federal Government, jurisdictions, po- fense against a minor in connection with, or Paragraph (4) of section 4042(c) of title 18, litical subdivisions of jurisdictions, and their during, the period for which the person failed United States Code, is repealed. agencies, officers, employees, and agents to register. (i) MILITARY OFFENSES.— shall be immune from liability for good faith (3) Whether the person voluntarily at- (1) Section 115(a)(8)(C)(i) of Public Law 105– conduct under this title. tempted to correct the failure to register. 119 (111 Stat. 2466) is amended by striking

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.135 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8077 ‘‘which encompass’’ and all that follows (3) Increased Federal involvement in child SEC. 145. EXPANSION OF TRAINING AND TECH- through ‘‘and (B))’’ and inserting ‘‘which are pornography and enticement cases by pro- NOLOGY EFFORTS. sex offenses as that term is defined in the viding additional investigative tools and in- (a) TRAINING.—The Attorney General Sex Offender Registration and Notification creased penalties under Federal law. shall— Act’’. (4) Training of Federal, State, and local (1) expand training efforts with Federal, (2) Section 115(a)(8)(C)(iii) of Public Law law enforcement through programs facili- State, and local law enforcement officers and 105–119 (111 Stat. 2466; 10 U.S.C. 951 note) is tated by— prosecutors to effectively respond to the amended by striking ‘‘the amendments made (A) the National Center for Missing and threat to children and the public posed by by subparagraphs (A) and (B)’’ and inserting Exploited Children; sex offenders who use the Internet and tech- ‘‘the Sex Offender Registration and Notifica- (B) the ICAC Task Force Program; and nology to solicit or otherwise exploit chil- tion Act’’. (C) any other ongoing program regarding dren; (j) CONFORMING AMENDMENT RELATING TO the investigation and prosecution of com- (2) facilitate meetings involving corpora- PAROLE.—Section 4209(a) of title 18, United puter-facilitated crimes against children, in- tions that sell computer hardware and soft- States Code, is amended in the second sen- cluding training and coordination regarding ware or provide services to the general pub- tence by striking ‘‘described’’ and all that leads from— lic related to use of the Internet, to identify follows through the end of the sentence and (i) Federal law enforcement operations; problems associated with the use of tech- inserting ‘‘required to register under the Sex and nology for the purpose of exploiting children; Offender Registration and Notification Act (ii) the CyberTipline and Child Victim- (3) host national conferences to train Fed- that the person comply with the require- Identification programs managed and main- eral, State, and local law enforcement offi- ments of that Act.’’. tained by the National Center for Missing cers, probation and parole officers, and pros- SEC. 142. FEDERAL ASSISTANCE WITH RESPECT and Exploited Children. ecutors regarding pro-active approaches to TO VIOLATIONS OF REGISTRATION (5) Community awareness and educational monitoring sex offender activity on the REQUIREMENTS. programs through partnerships to provide Internet; (a) IN GENERAL.—The Attorney General national public awareness and educational (4) develop and distribute, for personnel shall use the resources of Federal law en- programs through— listed in paragraph (3), information regard- forcement, including the United States Mar- (A) the National Center for Missing and ing multidisciplinary approaches to holding shals Service, to assist jurisdictions in locat- Exploited Children; offenders accountable to the terms of their ing and apprehending sex offenders who vio- (B) the ICAC Task Force Program; and probation, parole, and sex offender registra- late sex offender registration requirements. (C) any other ongoing programs that— tion laws; and For the purposes of section 566(e)(1)(B) of (i) raises national awareness about the (5) partner with other agencies to improve title 28, United States Code, a sex offender threat of online sexual predators; or the coordination of joint investigations who violates a sex offender registration re- (ii) provides information to parents and among agencies to effectively combat online quirement shall be deemed a fugitive. children seeking to report possible violations solicitation of children by sex offenders. (b) AUTHORIZATION OF APPROPRIATIONS.— of computer-facilitated crimes against chil- (b) TECHNOLOGY.—The Attorney General There are authorized to be appropriated such dren. shall— sums as may be necessary for fiscal years (c) EXPANSION OF PROJECT SAFE CHILD- (1) deploy, to all Internet Crimes Against 2007 through 2009 to implement this section. HOOD.—Notwithstanding subsection (b), funds Children Task Forces and their partner agen- cies, technology modeled after the Canadian SEC. 143. PROJECT SAFE CHILDHOOD. authorized under this section may be also be used for the following purposes: Child Exploitation Tracking System; and (a) ESTABLISHMENT OF PROGRAM.—Not later (1) The addition of not less than 8 Assist- (2) conduct training in the use of that tech- than 6 months after the date of enactment of ant United States Attorneys at the Depart- nology. this Act, the Attorney General shall create ment of Justice dedicated to the prosecution (c) REPORT.—Not later than July 1, 2007, and maintain a Project Safe Childhood pro- of cases in connection with the Project Safe the Attorney General, shall submit to Con- gram in accordance with this section. Childhood program set forth under sub- gress a report on the activities carried out (b) INITIAL IMPLEMENTATION.—Except as section (a). under this section. The report shall include authorized under subsection (c), funds au- (2) The creation, development, training, any recommendations that the Attorney thorized under this section may only be used and deployment of not less than 10 new General considers appropriate. for the following 5 purposes: Internet Crimes Against Children task forces (d) AUTHORIZATION OF APPROPRIATIONS.— (1) Integrated Federal, State, and local ef- within the ICAC Task Force Program con- There are authorized to be appropriated to forts to investigate and prosecute child ex- sisting of Federal, State, and local law en- the Attorney General, for fiscal year 2007— ploitation cases, including— forcement personnel dedicated to the Project (1) $1,000,000 to carry out subsection (a); (A) the partnership by each United States Safe Childhood program set forth under sub- and Attorney with each Internet Crimes Against section (a), and the enhancement of the fo- (2) $2,000,000 to carry out subsection (b). Children Task Force that is a part of the rensic capacities of existing Internet Crimes SEC. 146. OFFICE OF SEX OFFENDER SEN- Internet Crimes Against Children Task Against Children task forces. TENCING, MONITORING, APPRE- Force Program authorized and funded under (3) The development and enhancement by HENDING, REGISTERING, AND title IV of the Juvenile Justice and Delin- the Federal Bureau of Investigation of the TRACKING. quency Prevention Act of 1974 (42 U.S.C. 5771 Innocent Images task forces. (a) ESTABLISHMENT.—There is established et seq.) (referred to in this section as the (4) Such other additional and related pur- within the Department of Justice, under the ‘‘ICAC Task Force Program’’) that exists poses as the Attorney General determines general authority of the Attorney General, within the district of such attorney; appropriate. an Office of Sex Offender Sentencing, Moni- (B) the partnership by each United States (d) AUTHORIZATION OF APPROPRIATIONS.— toring, Apprehending, Registering, and Attorney with other Federal, State, and For the purpose of carrying out this section, Tracking (hereinafter in this section referred local law enforcement partners working in there are authorized to be appropriated— to as the ‘‘SMART Office’’). the district of such attorney to implement (1) for the activities described under sub- (b) DIRECTOR.—The SMART Office shall be the program described in subsection (a); section (b)— headed by a Director who shall be appointed (C) the development by each United States (A) $18,000,000 for fiscal year 2007; and by the President. The Director shall report Attorney of a district-specific strategic plan (B) such sums as may be necessary for each to the Attorney General through the Assist- to coordinate the investigation and prosecu- of the 5 succeeding fiscal years; and ant Attorney General for the Office of Jus- tion of child exploitation crimes; (2) for the activities described under sub- tice Programs and shall have final authority (D) efforts to identify and rescue victims of section (c)— for all grants, cooperative agreements, and child exploitation crimes; and (A) for fiscal year 2007— contracts awarded by the SMART Office. The (E) local training, educational, and aware- (i) $15,000,000 for the activities under para- Director shall not engage in any employ- ness programs of such crimes. graph (1); ment other than that of serving as the Direc- (2) Major case coordination by the Depart- (ii) $10,000,000 for activities under para- tor, nor shall the Director hold any office in, ment of Justice (or other Federal agencies as graph (2); and or act in any capacity for, any organization, appropriate), including specific integration (iii) $4,000,000 for activities under para- agency, or institution with which the Office or cooperation, as appropriate, of— graph (3); and makes any contract or other arrangement. (A) the Child Exploitation and Obscenity (B) such sums as may be necessary for each (c) DUTIES AND FUNCTIONS.—The SMART Section within the Department of Justice; of the 5 succeeding fiscal years. Office is authorized to— (B) the Innocent Images Unit of the Fed- (1) administer the standards for the sex of- SEC. 144. FEDERAL ASSISTANCE IN IDENTIFICA- eral Bureau of Investigation; TION AND LOCATION OF SEX OF- fender registration and notification program (C) any task forces established in connec- FENDERS RELOCATED AS A RESULT set forth in this Act; tion with the Project Safe Childhood pro- OF A MAJOR DISASTER. (2) administer grant programs relating to gram set forth under subsection (a); and The Attorney General shall provide assist- sex offender registration and notification au- (D) the High Tech Investigative Unit with- ance to jurisdictions in the identification thorized by this Act and other grant pro- in the Criminal Division of the Department and location of a sex offender relocated as a grams authorized by this Act as directed by of Justice. result of a major disaster. the Attorney General;

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.135 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8078 CONGRESSIONAL RECORD — SENATE July 20, 2006 (3) cooperate with and provide technical check any child abuse and neglect registry (1) a child welfare agency for the purpose assistance to States, units of local govern- maintained by such other State for such in- of— ment, tribal governments, and other public formation, before the prospective foster or (A) conducting a background check re- and private entities involved in activities re- adoptive parent may be finally approved for quired under section 471(a)(20) of the Social lated to sex offender registration or notifica- placement of a child, regardless of whether Security Act on individuals under consider- tion or to other measures for the protection foster care maintenance payments or adop- ation as prospective foster or adoptive par- of children or other members of the public tion assistance payments are to be made on ents; or from sexual abuse or exploitation; and behalf of the child under the State plan (B) an investigation relating to an incident (4) perform such other functions as the At- under this part; of abuse or neglect of a minor; or torney General may delegate. ‘‘(ii) comply with any request described in (2) a private or public elementary school, a Subtitle C—Access to Information and Re- clause (i) that is received from another private or public secondary school, a local sources Needed To Ensure That Children State; and educational agency, or State educational Are Not Attacked or Abused ‘‘(iii) have in place safeguards to prevent agency in that State, on individuals em- SEC. 151. ACCESS TO NATIONAL CRIME INFORMA- the unauthorized disclosure of information ployed by, under consideration for employ- TION DATABASES. in any child abuse and neglect registry main- ment by, or otherwise in a position in which (a) IN GENERAL.—Notwithstanding any tained by the State, and to prevent any such the individual would work with or around other provision of law, the Attorney General information obtained pursuant to this sub- children in the school or agency. shall ensure access to the national crime in- paragraph from being used for a purpose (c) FINGERPRINT-BASED CHECK.—Where pos- formation databases (as defined in section other than the conducting of background sible, the check shall include a fingerprint- 534 of title 28, United States Code) by— checks in foster or adoptive placement based check of State criminal history data- (1) the National Center for Missing and Ex- cases;’’. bases. ploited Children, to be used only within the (2) SUSPENSION OF OPT-OUT.—Section (d) FEES.—The Attorney General and the scope of the Center’s duties and responsibil- 471(a)(20)(B) of such Act (42 U.S.C. States may charge any applicable fees for ities under Federal law to assist or support 671(a)(20)(B)) is amended— the checks. law enforcement agencies in administration (A) by inserting ‘‘, on or before September (e) PROTECTION OF INFORMATION.—An indi- of criminal justice functions; and 30, 2005,’’ after ‘‘plan if’’; and vidual having information derived as a result (2) governmental social service agencies (B) by inserting ‘‘, on or before such date,’’ of a check under subsection (b) may release with child protection responsibilities, to be after ‘‘or if’’. that information only to appropriate officers used by such agencies only in investigating (b) ELIMINATION OF OPT-OUT.—Section of child welfare agencies, public or private or responding to reports of child abuse, ne- 471(a)(20) of such Act (42 U.S.C. 671(a)(20)), as elementary or secondary schools, or edu- glect, or exploitation. amended by subsection (a) of this section, is cational agencies or other persons author- (b) CONDITIONS OF ACCESS.—The access pro- amended— ized by law to receive that information. vided under this section, and associated rules (1) in subparagraph (A), in the matter pre- (f) CRIMINAL PENALTIES.—An individual of dissemination, shall be— ceding clause (i), by striking ‘‘unless an elec- who knowingly exceeds the authority in sub- (1) defined by the Attorney General; and tion provided for in subparagraph (B) is made section (b), or knowingly releases informa- (2) limited to personnel of the Center or with respect to the State,’’; and tion in violation of subsection (e), shall be such agencies that have met all require- (2) by striking subparagraph (B) and redes- imprisoned not more than 10 years or fined ments set by the Attorney General, includ- ignating subparagraph (C) as subparagraph under title 18, United States Code, or both. ing training, certification, and background (B). (g) CHILD WELFARE AGENCY DEFINED.—In screening. (c) EFFECTIVE DATE.— this section, the term ‘‘child welfare agency’’ SEC. 152. REQUIREMENT TO COMPLETE BACK- (1) GENERAL.—The amendments made by means— GROUND CHECKS BEFORE AP- subsection (a) shall take effect on October 1, (1) the State or local agency responsible PROVAL OF ANY FOSTER OR ADOP- 2006, and shall apply with respect to pay- for administering the plan under part B or TIVE PLACEMENT AND TO CHECK ments under part E of title IV of the Social part E of title IV of the Social Security Act; NATIONAL CRIME INFORMATION Security Act for calendar quarters beginning and DATABASES AND STATE CHILD on or after such date, without regard to (2) any other public agency, or any other ABUSE REGISTRIES; SUSPENSION AND SUBSEQUENT ELIMINATION OF whether regulations to implement the private agency under contract with the OPT-OUT. amendments are promulgated by such date. State or local agency responsible for admin- (a) REQUIREMENT TO COMPLETE BACK- (2) ELIMINATION OF OPT-OUT.—The amend- istering the plan under part B or part E of GROUND CHECKS BEFORE APPROVAL OF ANY ments made by subsection (b) shall take ef- title IV of the Social Security Act, that is FOSTER OR ADOPTIVE PLACEMENT AND TO fect on October 1, 2008, and shall apply with responsible for the licensing or approval of CHECK NATIONAL CRIME INFORMATION DATA- respect to payments under part E of title IV foster or adoptive parents. BASES AND STATE CHILD ABUSE REGISTRIES; of the Social Security Act for calendar quar- (h) DEFINITION OF EDUCATION TERMS.—In SUSPENSION OF OPT-OUT.— ters beginning on or after such date, without this section, the terms ‘‘elementary school’’, (1) REQUIREMENT TO CHECK NATIONAL CRIME regard to whether regulations to implement ‘‘local educational agency’’, ‘‘secondary INFORMATION DATABASES AND STATE CHILD the amendments are promulgated by such school’’, and ‘‘State educational agency’’ ABUSE REGISTRIES.—Section 471(a)(20) of the date. have the meanings given to those terms in Social Security Act (42 U.S.C. 671(a)(20)) is (3) DELAY PERMITTED IF STATE LEGISLATION section 9101 of the Elementary and Sec- amended— REQUIRED.—If the Secretary of Health and ondary Education Act of 1965 (20 U.S.C. 7801). (A) in subparagraph (A)— Human Services determines that State legis- (i) TECHNICAL CORRECTION.—Section 534 of (i) in the matter preceding clause (I)— lation (other than legislation appropriating title 28, United States Code, is amended by (I) by inserting ‘‘, including fingerprint- funds) is required in order for a State plan redesignating the second subsection (e) as based checks of national crime information under section 471 of the Social Security Act subsection (f). databases (as defined in section 534(e)(3)(A) to meet the additional requirements imposed SEC. 154. MISSING CHILD REPORTING REQUIRE- of title 28, United States Code),’’ after by the amendments made by a subsection of MENTS. ‘‘criminal records checks’’; and this section, the plan shall not be regarded (a) IN GENERAL.—Section 3702 of the Crime (II) by striking ‘‘on whose behalf foster as failing to meet any of the additional re- Control Act of 1990 (42 U.S.C. 5780) is amend- care maintenance payments or adoption as- quirements before the first day of the first ed— sistance payments are to be made’’ and in- calendar quarter beginning after the first (1) by redesignating paragraphs (2) and (3) serting ‘‘regardless of whether foster care regular session of the State legislature that as paragraphs (3) and (4), respectively; maintenance payments or adoption assist- begins after the otherwise applicable effec- (2) by inserting after paragraph (1) the fol- ance payments are to be made on behalf of tive date of the amendments. If the State lowing: the child’’; and has a 2-year legislative session, each year of ‘‘(2) ensure that no law enforcement agen- (ii) in each of clauses (i) and (ii), by insert- the session is deemed to be a separate reg- cy within the State establishes or maintains ing ‘‘involving a child on whose behalf such ular session of the State legislature. any policy that requires the removal of a payments are to be so made’’ after ‘‘in any SEC. 153. SCHOOLS SAFE ACT. missing person entry from its State law en- case’’; and (a) SHORT TITLE.—This section may be forcement system or the National Crime In- (B) by adding at the end the following: cited as the ‘‘Schools Safely Acquiring Fac- formation Center computer database based ‘‘(C) provides that the State shall— ulty Excellence Act of 2006’’. solely on the age of the person; and’’; and ‘‘(i) check any child abuse and neglect reg- (b) IN GENERAL.—The Attorney General of (3) in paragraph (3), as redesignated, by istry maintained by the State for informa- the United States shall, upon request of the striking ‘‘immediately’’ and inserting ‘‘with- tion on any prospective foster or adoptive chief executive officer of a State, conduct in 2 hours of receipt’’. parent and on any other adult living in the fingerprint-based checks of the national (b) DEFINITIONS.—Section 403(1) of the home of such a prospective parent, and re- crime information databases (as defined in Comprehensive Crime Control Act of 1984 (42 quest any other State in which any such pro- section 534(f)(3)(A) of title 28, United States U.S.C. 5772) is amended by striking ‘‘if’’ spective parent or other adult has resided in Code as redesignated under subsection (e)) through subparagraph (B) and inserting a the preceding 5 years, to enable the State to pursuant to a request submitted by— semicolon.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.136 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8079 SEC. 155. DNA FINGERPRINTING. SEC. 202. JETSETA GAGE ASSURED PUNISHMENT ‘‘§ 2245. Offenses resulting in death FOR VIOLENT CRIMES AGAINST The first sentence of section 3(a)(1)(A) of ‘‘(a) IN GENERAL.—A person who, in the CHILDREN. the DNA Analysis Backlog Elimination Act course of an offense under this chapter, or Section 3559 of title 18, United States Code, of 2000 (42 U.S.C. 14135a(a)(1)(A)) is amended sections 1591, 2251, 2251A, 2260, 2421, 2422, 2423, is amended— by striking ‘‘arrested’’ and inserting ‘‘ar- or 2425, murders an individual, shall be pun- (1) by redesignating subsection (f) as sub- rested, facing charges, or convicted’’. ished by death or imprisoned for any term of section (g); and years or for life.’’. TITLE II—FEDERAL CRIMINAL LAW EN- (2) by inserting after subsection (e) the fol- (4) DEATH PENALTY AGGRAVATING FACTOR.— lowing: HANCEMENTS NEEDED TO PROTECT Section 3592(c)(1) of title 18, United States ‘‘(f) MANDATORY MINIMUM TERMS OF IM- CHILDREN FROM SEXUAL ATTACKS AND Code, is amended by inserting ‘‘section 2245 PRISONMENT FOR VIOLENT CRIMES AGAINST OTHER VIOLENT CRIMES (offenses resulting in death),’’ after ‘‘(wreck- CHILDREN.—A person who is convicted of a ing trains),’’. SEC. 201. PROHIBITION ON INTERNET SALES OF Federal offense that is a crime of violence DATE RAPE DRUGS. (b) SEXUAL EXPLOITATION AND OTHER ABUSE against the person of an individual who has OF CHILDREN.— Section 401 of the Controlled Substances not attained the age of 18 years shall, unless (1) SEXUAL EXPLOITATION OF CHILDREN.— Act (21 U.S.C. 841) is amended by adding at a greater mandatory minimum sentence of the end the following: Section 2251(e) of title 18, United States imprisonment is otherwise provided by law Code, is amended— ‘‘(g) INTERNET SALES OF DATE RAPE and regardless of any maximum term of im- (A) by inserting ‘‘section 1591,’’ after ‘‘this DRUGS.— prisonment otherwise provided for the of- chapter,’’ the first place it appears; ‘‘(1) Whoever knowingly uses the Internet fense— (B) by striking ‘‘the sexual exploitation of to distribute a date rape drug to any person, ‘‘(1) if the crime of violence is murder, be children’’ the first place it appears and in- knowing or with reasonable cause to believe imprisoned for life or for any term of years serting ‘‘aggravated sexual abuse, sexual that— not less than 30, except that such person abuse, abusive sexual contact involving a ‘‘(A) the drug would be used in the commis- shall be punished by death or life imprison- minor or ward, or sex trafficking of children, sion of criminal sexual conduct; or ment if the circumstances satisfy any of sub- or the production, possession, receipt, mail- ‘‘(B) the person is not an authorized pur- paragraphs (A) through (D) of section ing, sale, distribution, shipment, or trans- chaser; 3591(a)(2) of this title; portation of child pornography’’; and shall be fined under this title or imprisoned ‘‘(2) if the crime of violence is kidnapping (C) by striking ‘‘any term of years or for not more than 20 years, or both. (as defined in section 1201) or maiming (as life’’ and inserting ‘‘not less than 30 years or ‘‘(2) As used in this subsection: defined in section 114), be imprisoned for life for life’’. or any term of years not less than 25; and ‘‘(A) The term ‘date rape drug’ means— (2) ACTIVITIES RELATING TO MATERIAL IN- ‘‘(3) if the crime of violence results in seri- ‘‘(i) gamma hydroxybutyric acid (GHB) or VOLVING THE SEXUAL EXPLOITATION OF CHIL- ous bodily injury (as defined in section 1365), any controlled substance analogue of GHB, DREN.—Section 2252(b) of title 18, United including gamma butyrolactone (GBL) or or if a dangerous weapon was used during States Code, is amended in paragraph (1)— 1,4–butanediol; and in relation to the crime of violence, be (A) by striking ‘‘paragraphs (1)’’ and in- ‘‘(ii) ketamine; imprisoned for life or for any term of years serting ‘‘paragraph (1)’’; ‘‘(iii) flunitrazepam; or not less than 10.’’. (B) by inserting ‘‘section 1591,’’ after ‘‘this ‘‘(iv) any substance which the Attorney SEC. 203. PENALTIES FOR COERCION AND EN- chapter,’’; and General designates, pursuant to the rule- TICEMENT BY SEX OFFENDERS. (C) by inserting ‘‘, or sex trafficking of making procedures prescribed by section 553 Section 2422(b) of title 18, United States children’’ after ‘‘pornography’’. of title 5, United States Code, to be used in Code, is amended by striking ‘‘not less than (3) ACTIVITIES RELATING TO MATERIAL CON- committing rape or sexual assault. 5 years and not more than 30 years’’ and in- STITUTING OR CONTAINING CHILD PORNOG- serting ‘‘not less than 10 years or for life’’. The Attorney General is authorized to re- RAPHY.—Section 2252A(b) of title 18, United move any substance from the list of date SEC. 204. PENALTIES FOR CONDUCT RELATING States Code, is amended in paragraph (1)— rape drugs pursuant to the same rulemaking TO CHILD PROSTITUTION. (A) by inserting ‘‘section 1591,’’ after ‘‘this authority. Section 2423(a) of title 18, United States chapter,’’; and ‘‘(B) The term ‘authorized purchaser’ Code, is amended by striking ‘‘5 years and (B) by inserting ‘‘, or sex trafficking of means any of the following persons, provided not more than 30 years’’ and inserting ‘‘10 children’’ after ‘‘pornography’’. such person has acquired the controlled sub- years or for life’’. (4) USING MISLEADING DOMAIN NAMES TO DI- stance in accordance with this Act: SEC. 205. PENALTIES FOR SEXUAL ABUSE. RECT CHILDREN TO HARMFUL MATERIAL ON THE ‘‘(i) A person with a valid prescription that Section 2242 of title 18, United States Code, INTERNET.—Section 2252B(b) of title 18, is issued for a legitimate medical purpose in is amended by striking ‘‘, imprisoned not United States Code, is amended by striking the usual course of professional practice that more than 20 years, or both’’ and inserting ‘‘4’’ and inserting ‘‘10’’. is based upon a qualifying medical relation- ‘‘and imprisoned for any term of years or for (5) EXTRATERRITORIAL CHILD PORNOGRAPHY ship by a practitioner registered by the At- life’’. OFFENSES.—Section 2260(c) of title 18, United torney General. A ‘qualifying medical rela- SEC. 206. INCREASED PENALTIES FOR SEXUAL States Code, is amended to read as follows: tionship’ means a medical relationship that OFFENSES AGAINST CHILDREN. ‘‘(c) PENALTIES.— exists when the practitioner has conducted (a) SEXUAL ABUSE AND CONTACT.— ‘‘(1) A person who violates subsection (a), at least 1 medical evaluation with the au- (1) AGGRAVATED SEXUAL ABUSE OF CHIL- or attempts or conspires to do so, shall be thorized purchaser in the physical presence DREN.—Section 2241(c) of title 18, United subject to the penalties provided in sub- of the practitioner, without regard to wheth- States Code, is amended by striking ‘‘, im- section (e) of section 2251 for a violation of er portions of the evaluation are conducted prisoned for any term of years or life, or that section, including the penalties pro- by other heath professionals. The preceding both’’ and inserting ‘‘and imprisoned for not vided for such a violation by a person with a sentence shall not be construed to imply less than 30 years or for life’’. prior conviction or convictions as described that 1 medical evaluation demonstrates that (2) ABUSIVE SEXUAL CONTACT WITH CHIL- in that subsection. a prescription has been issued for a legiti- DREN.—Section 2244 of chapter 109A of title ‘‘(2) A person who violates subsection (b), mate medical purpose within the usual 18, United States Code, is amended— or attempts or conspires to do so, shall be course of professional practice. (A) in subsection (a)— subject to the penalties provided in sub- ‘‘(ii) Any practitioner or other registrant (i) in paragraph (1), by inserting ‘‘sub- section (b)(1) of section 2252 for a violation of who is otherwise authorized by their reg- section (a) or (b) of’’ before ‘‘section 2241’’; paragraph (1), (2), or (3) of subsection (a) of istration to dispense, procure, purchase, (ii) by striking ‘‘or’’ at the end of para- that section, including the penalties pro- manufacture, transfer, distribute, import, or graph (3); vided for such a violation by a person with a export the substance under this Act. (iii) by striking the period at the end of prior conviction or convictions as described ‘‘(iii) A person or entity providing docu- paragraph (4) and inserting ‘‘; or’’; and in subsection (b)(1) of section 2252.’’. mentation that establishes the name, ad- (iv) by inserting after paragraph (4) the fol- (c) MANDATORY LIFE IMPRISONMENT FOR dress, and business of the person or entity lowing: CERTAIN REPEATED SEX OFFENSES AGAINST and which provides a legitimate purpose for ‘‘(5) subsection (c) of section 2241 of this CHILDREN.—Section 3559(e)(2)(A) of title 18, using any ‘date rape drug’ for which a pre- title had the sexual contact been a sexual United States Code, is amended by inserting scription is not required. act, shall be fined under this title and im- ‘‘1591 (relating to sex trafficking of chil- ‘‘(3) The Attorney General is authorized to prisoned for any term of years or for life.’’; dren),’’ after ‘‘under section’’. promulgate regulations for record-keeping and SEC. 207. SEXUAL ABUSE OF WARDS. and reporting by persons handling 1,4– (B) in subsection (c), by inserting ‘‘(other Chapter 109A of title 18, United States butanediol in order to implement and en- than subsection (a)(5))’’ after ‘‘violates this Code, is amended— force the provisions of this section. Any section’’. (1) in section 2243(b), by striking ‘‘five record or report required by such regulations (3) SEXUAL ABUSE OF CHILDREN RESULTING years’’ and inserting ‘‘15 years’’; and shall be considered a record or report re- IN DEATH.—Section 2245 of title 18, United (2) by inserting a comma after ‘‘Attorney quired under this Act.’’. States Code, is amended to read as follows: General’’ each place it appears.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.136 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8080 CONGRESSIONAL RECORD — SENATE July 20, 2006

SEC. 208. MANDATORY PENALTIES FOR SEX- ‘‘(1) IN GENERAL.—In any court pro- tim or that involves the possession or use of TRAFFICKING OF CHILDREN. ceeding’’; and a firearm or destructive device (as those Section 1591(b) of title 18, United States (2) by adding at the end the following: terms are defined in section 921), or any Code, is amended— ‘‘(2) HABEAS CORPUS PROCEEDINGS.— other dangerous weapon, or involves a fail- (1) in paragraph (1)— ‘‘(A) IN GENERAL.—In a Federal habeas cor- ure to register under section 2250 of title 18, (A) by striking ‘‘or imprisonment’’ and in- pus proceeding arising out of a State convic- United States Code; or’’; and serting ‘‘and imprisonment’’; tion, the court shall ensure that a crime vic- (3) in subsection (g), by striking paragraph (B) by inserting ‘‘not less than 15’’ after tim is afforded the rights described in para- (1) and inserting the following: ‘‘any term of years’’; and graphs (3), (4), (7), and (8) of subsection (a). ‘‘(1) the nature and circumstances of the (C) by striking ‘‘, or both’’; and ‘‘(B) ENFORCEMENT.— offense charged, including whether the of- (2) in paragraph (2)— ‘‘(i) IN GENERAL.—These rights may be en- fense is a crime of violence, a Federal crime (A) by striking ‘‘or imprisonment for not forced by the crime victim or the crime vic- of terrorism, or involves a minor victim or a more than 40 years, or both’’ and inserting tim’s lawful representative in the manner controlled substance, firearm, explosive, or ‘‘and imprisonment for not less than 10 years described in paragraphs (1) and (3) of sub- destructive device;’’. or for life’’; and section (d). TITLE III—CIVIL COMMITMENT OF (B) by striking ‘‘, or both’’. ‘‘(ii) MULTIPLE VICTIMS.—In a case involv- DANGEROUS SEX OFFENDERS SEC. 209. CHILD ABUSE REPORTING. ing multiple victims, subsection (d)(2) shall Section 2258 of title 18, United States Code, SEC. 301. JIMMY RYCE STATE CIVIL COMMIT- also apply. MENT PROGRAMS FOR SEXUALLY is amended by striking ‘‘guilty of a Class B ‘‘(C) LIMITATION.—This paragraph relates DANGEROUS PERSONS. misdemeanor’’ and inserting ‘‘fined under to the duties of a court in relation to the (a) GRANTS AUTHORIZED.—Except as pro- this title or imprisoned not more than 1 year rights of a crime victim in Federal habeas vided in subsection (b), the Attorney General or both’’. corpus proceedings arising out of a State shall make grants to jurisdictions for the SEC. 210. SEX OFFENDER SUBMISSION TO conviction, and does not give rise to any ob- purpose of establishing, enhancing, or oper- SEARCH AS CONDITION OF RE- ligation or requirement applicable to per- ating effective civil commitment programs LEASE. sonnel of any agency of the Executive for sexually dangerous persons. (a) CONDITIONS OF PROBATION.—Section Branch of the Federal Government. (b) LIMITATION.—The Attorney General 3563(b) of title 18, United States Code, is ‘‘(D) DEFINITION.—For purposes of this shall not make any grant under this section amended— paragraph, the term ‘crime victim’ means for the purpose of establishing, enhancing, or (1) in paragraph (21), by striking ‘‘or’’ ; the person against whom the State offense is operating any transitional housing for a sex- (2) in paragraph (22) by striking the period committed or, if that person is killed or in- ually dangerous person in or near a location at the end and inserting ‘‘or;’’ and capacitated, that person’s family member or where minors or other vulnerable persons are (3) by inserting after paragraph (22) the fol- other lawful representative.’’. likely to come into contact with that person. lowing: SEC. 213. KIDNAPPING JURISDICTION. (c) ELIGIBILITY.— ‘‘(23) if required to register under the Sex Section 1201 of title 18, United States Code, (1) IN GENERAL.—To be eligible to receive a Offender Registration and Notification Act, is amended— grant under this section, a jurisdiction shall, submit his person, and any property, house, (1) in subsection (a)(1), by striking ‘‘if the before the expiration of the compliance pe- residence, vehicle, papers, computer, other person was alive when the transportation riod— electronic communication or data storage began’’ and inserting ‘‘, or the offender trav- (A) have established a civil commitment devices or media, and effects to search at els in interstate or foreign commerce or uses program for sexually dangerous persons that any time, with or without a warrant, by any the mail or any means, facility, or instru- is consistent with guidelines issued by the law enforcement or probation officer with mentality of interstate or foreign commerce Attorney General; or reasonable suspicion concerning a violation in committing or in furtherance of the com- (B) submit a plan for the establishment of of a condition of probation or unlawful con- mission of the offense’’; and such a program. duct by the person, and by any probation of- (2) in subsection (b), by striking ‘‘to inter- (2) COMPLIANCE PERIOD.—The compliance ficer in the lawful discharge of the officer’s state’’ and inserting ‘‘in interstate’’. period referred to in paragraph (1) expires on supervision functions.’’. SEC. 214. MARITAL COMMUNICATION AND AD- the date that is 2 years after the date of the (b) SUPERVISED RELEASE.—Section 3583(d) VERSE SPOUSAL PRIVILEGE. enactment of this Act. However, the Attor- of title 18, United States Code, is amended by The Committee on Rules, Practice, Proce- ney General may, on a case-by-case basis, ex- adding at the end the following: ‘‘The court dure, and Evidence of the Judicial Con- tend the compliance period that applies to a may order, as an explicit condition of super- ference of the United States shall study the jurisdiction if the Attorney General con- vised release for a person who is a felon and necessity and desirability of amending the siders such an extension to be appropriate. required to register under the Sex Offender Federal Rules of Evidence to provide that (3) RELEASE NOTICE.— Registration and Notification Act, that the the confidential marital communications (A) Each civil commitment program for person submit his person, and any property, privilege and the adverse spousal privilege which funding is required under this section house, residence, vehicle, papers, computer, shall be inapplicable in any Federal pro- shall require the issuance of timely notice to other electronic communications or data ceeding in which a spouse is charged with a a State official responsible for considering storage devices or media, and effects to crime against— whether to pursue civil commitment pro- search at any time, with or without a war- (1) a child of either spouse; or ceedings upon the impending release of any rant, by any law enforcement or probation (2) a child under the custody or control of person incarcerated by the State who— officer with reasonable suspicion concerning either spouse. (i) has been convicted of a sexually violent a violation of a condition of supervised re- offense; or lease or unlawful conduct by the person, and SEC. 215. ABUSE AND NEGLECT OF INDIAN CHIL- DREN. (ii) has been deemed by the State to be at by any probation officer in the lawful dis- Section 1153(a) of title 18, United States high risk for recommitting any sexual of- charge of the officer’s supervision func- Code, is amended by inserting ‘‘felony child fense against a minor. tions.’’. abuse or neglect,’’ after ‘‘years,’’. (B) The program shall further require that SEC. 211. NO LIMITATION FOR PROSECUTION OF SEC. 216. IMPROVEMENTS TO THE BAIL REFORM FELONY SEX OFFENSES. upon receiving notice under subparagraph ACT TO ADDRESS SEX CRIMES AND Chapter 213 of title 18, United States Code, (A), the State official shall consider whether OTHER MATTERS. or not to pursue a civil commitment pro- is amended— Section 3142 of title 18, United States Code, (1) by adding at the end the following: ceeding, or any equivalent proceeding re- is amended— quired under State law. ‘‘§ 3299. Child abduction and sex offenses (1) in subsection (c)(1)(B), by inserting at (d) ATTORNEY GENERAL REPORTS.—Not ‘‘Notwithstanding any other law, an indict- the end the following: ‘‘In any case that in- later than January 31 of each year, begin- ment may be found or an information insti- volves a minor victim under section 1201, ning with 2008, the Attorney General shall tuted at any time without limitation for any 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, submit to the Committee on the Judiciary of offense under section 1201 involving a minor 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), the Senate and the Committee on the Judici- victim, and for any felony under chapter 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, ary of the House of Representatives a report 109A, 110 (except for section 2257 and 2257A), 2422, 2423, or 2425 of this title, or a failure to on the progress of jurisdictions in imple- or 117, or section 1591.’’; and register offense under section 2250 of this menting this section and the rate of sexually (2) by adding at the end of the table of sec- title, any release order shall contain, at a violent offenses for each jurisdiction. tions at the beginning of the chapter the fol- minimum, a condition of electronic moni- (e) DEFINITIONS.—As used in this section: lowing new item: toring and each of the conditions specified at (1) The term ‘‘civil commitment program’’ ‘‘3299. Child abduction and sex offenses’’. subparagraphs (iv), (v), (vi), (vii), and (viii).’’ means a program that involves— SEC. 212. VICTIMS’ RIGHTS ASSOCIATED WITH (2) in subsection (f)(1)— (A) secure civil confinement, including ap- HABEAS CORPUS PROCEEDINGS. (A) in subparagraph (C), by striking ‘‘or’’ propriate control, care, and treatment dur- Section 3771(b) of title 18, United States at the end; and ing such confinement; and Code, is amended— (B) by adding at the end the following: (B) appropriate supervision, care, and (1) by striking ‘‘In any court proceeding’’ ‘‘(E) any felony that is not otherwise a treatment for individuals released following and inserting the following: crime of violence that involves a minor vic- such confinement.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.136 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8081 (2) The term ‘‘sexually dangerous person’’ (F) in subsections (e) and (h)— hold a hearing, conducted pursuant to the means a person suffering from a serious men- (i) by striking ‘‘hospitalized’’ each place it provisions of section 4247(d), to determine tal illness, abnormality, or disorder, as a re- appears and inserting ‘‘committed’’; and whether he should be released. If, after the sult of which the individual would have seri- (ii) by striking ‘‘hospitalization’’ each hearing, the court finds by a preponderance ous difficulty in refraining from sexually place it appears and inserting ‘‘commit- of the evidence that the person’s condition is violent conduct or child molestation. ment’’ ; and such that— (3) The term ‘‘jurisdiction’’ has the mean- (4) by inserting at the end the following: ‘‘(1) he will not be sexually dangerous to ing given such term in section 111. ‘‘§ 4248. Civil commitment of a sexually dan- others if released unconditionally, the court (f) AUTHORIZATION OF APPROPRIATIONS.— gerous person shall order that he be immediately dis- There are authorized to be appropriated to ‘‘(a) INSTITUTION OF PROCEEDINGS.—In rela- charged; or carry out this section $10,000,000 for each of tion to a person who is in the custody of the ‘‘(2) he will not be sexually dangerous to fiscal years 2007 through 2010. Bureau of Prisons, or who has been com- others if released under a prescribed regimen SEC. 302. JIMMY RYCE CIVIL COMMITMENT PRO- mitted to the custody of the Attorney Gen- of medical, psychiatric, or psychological GRAM. eral pursuant to section 4241(d), or against care or treatment, the court shall— Chapter 313 of title 18, United States Code, whom all criminal charges have been dis- ‘‘(A) order that he be conditionally dis- is amended— missed solely for reasons relating to the charged under a prescribed regimen of med- (1) in the chapter analysis— mental condition of the person, the Attorney ical, psychiatric, or psychological care or (A) in the item relating to section 4241, by General or any individual authorized by the treatment that has been prepared for him, inserting ‘‘or to undergo postrelease pro- Attorney General or the Director of the Bu- that has been certified to the court as appro- ceedings’’ after ‘‘trial’’; and reau of Prisons may certify that the person priate by the Director of the facility in (B) by inserting at the end the following: is a sexually dangerous person, and transmit which he is committed, and that has been ‘‘4248. Civil commitment of a sexually dan- the certificate to the clerk of the court for found by the court to be appropriate; and gerous person’’; the district in which the person is confined. ‘‘(B) order, as an explicit condition of re- (2) in section 4241— The clerk shall send a copy of the certificate lease, that he comply with the prescribed (A) in the heading, by inserting or ‘‘TO UN- to the person, and to the attorney for the regimen of medical, psychiatric, or psycho- DERGO POSTRELEASE PROCEEDINGS’’ after Government, and, if the person was com- logical care or treatment. ‘‘TRIAL’’; mitted pursuant to section 4241(d), to the The court at any time may, after a hearing (B) in the first sentence of subsection (a), clerk of the court that ordered the commit- employing the same criteria, modify or by inserting ‘‘or at any time after the com- ment. The court shall order a hearing to de- eliminate the regimen of medical, psy- mencement of probation or supervised re- termine whether the person is a sexually chiatric, or psychological care or treatment. lease and prior to the completion of the sen- dangerous person. A certificate filed under ‘‘(f) REVOCATION OF CONDITIONAL DIS- tence,’’ after ‘‘defendant,’’; this subsection shall stay the release of the CHARGE.—The director of a facility respon- (C) in subsection (d)— person pending completion of procedures sible for administering a regimen imposed on (i) by striking ‘‘trial to proceed’’ each contained in this section. a person conditionally discharged under sub- place it appears and inserting ‘‘proceedings ‘‘(b) PSYCHIATRIC OR PSYCHOLOGICAL EXAM- section (e) shall notify the Attorney General to go forward’’; and INATION AND REPORT.—Prior to the date of and the court having jurisdiction over the (ii) by striking ‘‘section 4246’’ and inserting the hearing, the court may order that a psy- person of any failure of the person to comply ‘‘sections 4246 and 4248’’; and chiatric or psychological examination of the with the regimen. Upon such notice, or upon (D) in subsection (e)— defendant be conducted, and that a psy- other probable cause to believe that the per- (i) by inserting ‘‘or other proceedings’’ chiatric or psychological report be filed with son has failed to comply with the prescribed after ‘‘trial’’; and the court, pursuant to the provisions of sec- regimen of medical, psychiatric, or psycho- (ii) by striking ‘‘chapter 207’’ and inserting tion 4247(b) and (c). logical care or treatment, the person may be ‘‘chapters 207 and 227’’; ‘‘(c) HEARING.—The hearing shall be con- arrested, and, upon arrest, shall be taken (3) in section 4247— ducted pursuant to the provisions of section without unnecessary delay before the court (A) by striking ‘‘, or 4246’’ each place it ap- 4247(d). having jurisdiction over him. The court pears and inserting ‘‘, 4246, or 4248’’; ‘‘(d) DETERMINATION AND DISPOSITION.—If, shall, after a hearing, determine whether the (B) in subsections (g) and (i), by striking after the hearing, the court finds by clear person should be remanded to a suitable fa- ‘‘4243 or 4246’’ each place it appears and in- and convincing evidence that the person is a cility on the ground that he is sexually dan- serting ‘‘4243, 4246, or 4248’’; sexually dangerous person, the court shall gerous to others in light of his failure to (C) in subsection (a)— commit the person to the custody of the At- comply with the prescribed regimen of med- (i) by amending subparagraph (1)(C) to read torney General. The Attorney General shall ical, psychiatric, or psychological care or as follows: release the person to the appropriate official treatment. ‘‘(C) drug, alcohol, and sex offender treat- of the State in which the person is domiciled ‘‘(g) RELEASE TO STATE OF CERTAIN OTHER ment programs, and other treatment pro- or was tried if such State will assume re- PERSONS.—If the director of the facility in grams that will assist the individual in over- sponsibility for his custody, care, and treat- which a person is hospitalized or placed pur- coming a psychological or physical depend- ment. The Attorney General shall make all suant to this chapter certifies to the Attor- ence or any condition that makes the indi- reasonable efforts to cause such a State to ney General that a person, against whom all vidual dangerous to others; and’’; assume such responsibility. If, notwith- charges have been dismissed for reasons not (ii) in paragraph (2), by striking ‘‘and’’ at standing such efforts, neither such State will related to the mental condition of the per- the end; assume such responsibility, the Attorney son, is a sexually dangerous person, the At- (iii) in paragraph (3), by striking the period General shall place the person for treatment torney General shall release the person to at the end and inserting a semicolon; and in a suitable facility, until— the appropriate official of the State in which (iv) by inserting at the end the following: ‘‘(1) such a State will assume such respon- the person is domiciled or was tried for the ‘‘(4) ‘bodily injury’ includes sexual abuse; sibility; or purpose of institution of State proceedings ‘‘(5) ‘sexually dangerous person’ means a ‘‘(2) the person’s condition is such that he for civil commitment. If neither such State person who has engaged or attempted to en- is no longer sexually dangerous to others, or will assume such responsibility, the Attor- gage in sexually violent conduct or child mo- will not be sexually dangerous to others if ney General shall release the person upon re- lestation and who is sexually dangerous to released under a prescribed regimen of med- ceipt of notice from the State that it will others; and ical, psychiatric, or psychological care or not assume such responsibility, but not later ‘‘(6) ‘sexually dangerous to others’ with re- treatment; than 10 days after certification by the direc- spect a person, means that the person suffers whichever is earlier. tor of the facility.’’. from a serious mental illness, abnormality, ‘‘(e) DISCHARGE.—When the Director of the TITLE IV—IMMIGRATION LAW REFORMS or disorder as a result of which he would facility in which a person is placed pursuant TO PREVENT SEX OFFENDERS FROM have serious difficulty in refraining from to subsection (d) determines that the per- ABUSING CHILDREN sexually violent conduct or child molesta- son’s condition is such that he is no longer SEC. 401. FAILURE TO REGISTER A DEPORTABLE tion if released.’’; sexually dangerous to others, or will not be OFFENSE. (D) in subsection (b), by striking ‘‘4245 or sexually dangerous to others if released Section 237(a)(2)(A) of the Immigration and 4246’’ and inserting ‘‘4245, 4246, or 4248’’; under a prescribed regimen of medical, psy- Nationality Act (8 U.S.C. 1227(a)(2)(A)) is (E) in subsection (c)(4)— chiatric, or psychological care or treatment, amended— (i) by redesignating subparagraphs (D) and he shall promptly file a certificate to that (1) by redesignating clause (v) as clause (E) as subparagraphs (E) and (F) respec- effect with the clerk of the court that or- (vi); and tively; and dered the commitment. The clerk shall send (2) by inserting after clause (iv) the fol- (ii) by inserting after subparagraph (C) the a copy of the certificate to the person’s lowing new clause: following: counsel and to the attorney for the Govern- ‘‘(v) FAILURE TO REGISTER AS A SEX OF- ‘‘(D) if the examination is ordered under ment. The court shall order the discharge of FENDER.—Any alien who is convicted under section 4248, whether the person is a sexually the person or, on motion of the attorney for section 2250 of title 18, United States Code, is dangerous person;’’; and the Government or on its own motion, shall deportable.’’.

VerDate Aug 31 2005 05:52 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.136 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8082 CONGRESSIONAL RECORD — SENATE July 20, 2006 SEC. 402. BARRING CONVICTED SEX OFFENDERS images of child pornography has greatly in- cases so as to avoid repeated violation and FROM HAVING FAMILY-BASED PETI- creased the ease of possessing child pornog- abuse of victims, so long as the government TIONS APPROVED. raphy. Taken together, these technological makes reasonable accommodations for the (a) IMMIGRANT FAMILY MEMBERS.—Section advances have had the unfortunate result of inspection, viewing, and examination of such 204(a)(1) of the Immigration and Nationality greatly increasing the interstate market in material for the purposes of mounting a Act (8 U.S.C. 1154(a)(1)), is amended— child pornography. criminal defense. (1) in subparagraph (A)(i), by striking (D) Intrastate incidents of production, SEC. 502. OTHER RECORD KEEPING REQUIRE- ‘‘Any’’ and inserting ‘‘Except as provided in transportation, distribution, receipt, adver- MENTS. clause (viii), any’’; tising, and possession of child pornography, (a) IN GENERAL.—Section 2257 of title 18, (2) in subparagraph (A), by inserting after as well as the transfer of custody of children United States Code, is amended— clause (vii) the following: for the production of child pornography, (1) in subsection (a), by inserting after ‘‘(viii)(I) Clause (i) shall not apply to a cit- have a substantial and direct effect upon ‘‘videotape,’’ the following: ‘‘digital image, izen of the United States who has been con- interstate commerce because: digitally- or computer-manipulated image of victed of a specified offense against a minor, (i) Some persons engaged in the produc- an actual human being, picture,’’; unless the Secretary of Homeland Security, tion, transportation, distribution, receipt, (2) in subsection (e)(1), by adding at the in the Secretary’s sole and unreviewable dis- advertising, and possession of child pornog- end the following: ‘‘In this paragraph, the cretion, determines that the citizen poses no raphy conduct such activities entirely with- term ‘copy’ includes every page of a website risk to the alien with respect to whom a pe- in the boundaries of one state. These persons on which matter described in subsection (a) tition described in clause (i) is filed. are unlikely to be content with the amount appears.’’; ‘‘(II) For purposes of subclause (I), the of child pornography they produce, trans- (3) in subsection (f), by— term ‘specified offense against a minor’ is port, distribute, receive, advertise, or pos- (A) in paragraph (3), by striking ‘‘and’’ defined as in section 111 of the Adam Walsh sess. These persons are therefore likely to after the semicolon; Child Protection and Safety Act of 2006.’’; enter the interstate market in child pornog- (B) in paragraph (4), by striking the period and raphy in search of additional child pornog- and inserting ‘‘; and’’; and (3) in subparagraph (B)(i)— raphy, thereby stimulating demand in the (C) by adding at the end the following: (A) by striking ‘‘(B)(i) Any alien’’ and in- interstate market in child pornography. ‘‘(5) for any person to whom subsection (a) serting the following: ‘‘(B)(i)(I) Except as (ii) When the persons described in subpara- applies to refuse to permit the Attorney provided in subclause (II), any alien’’; and graph (D)(i) enter the interstate market in General or his or her designee to conduct an (B) by adding at the end the following: search of additional child pornography, they inspection under subsection (c).’’; and ‘‘(I) Subclause (I) shall not apply in the are likely to distribute the child pornog- (4) by striking subsection (h) and inserting case of an alien lawfully admitted for perma- raphy they already produce, transport, dis- the following: nent residence who has been convicted of a tribute, receive, advertise, or possess to per- ‘‘(h) In this section— specified offense against a minor (as defined sons who will distribute additional child por- ‘‘(1) the term ‘actual sexually explicit con- in subparagraph (A)(viii)(II)), unless the Sec- nography to them, thereby stimulating sup- duct’ means actual but not simulated con- retary of Homeland Security, in the Sec- ply in the interstate market in child pornog- duct as defined in clauses (i) through (v) of retary’s sole and unreviewable discretion, de- raphy. section 2256(2)(A) of this title; termines that such person poses no risk to (iii) Much of the child pornography that ‘‘(2) the term ‘produces’— the alien with respect to whom a petition de- supplies the interstate market in child por- ‘‘(A) means— scribed in subclause (I) is filed.’’. nography is produced entirely within the ‘‘(i) actually filming, videotaping, (b) NONIMMIGRANTS.—Section 101(a)(15)(K) boundaries of one state, is not traceable, and photographing, creating a picture, digital (8 U.S.C. 1101(a)(15)(K)), is amended by in- enters the interstate market surreptitiously. image, or digitally- or computer-manipu- serting ‘‘(other than a citizen described in This child pornography supports demand in lated image of an actual human being; section 204(a)(1)(A)(viii)(I))’’ after ‘‘citizen of the interstate market in child pornography ‘‘(ii) digitizing an image, of a visual depic- the United States’’ each place that phrase and is essential to its existence. tion of sexually explicit conduct; or, assem- appears. (E) Prohibiting the intrastate production, transportation, distribution, receipt, adver- bling, manufacturing, publishing, dupli- TITLE V—CHILD PORNOGRAPHY tising, and possession of child pornography, cating, reproducing, or reissuing a book, PREVENTION as well as the intrastate transfer of custody magazine, periodical, film, videotape, digital SEC. 501. FINDINGS. of children for the production of child por- image, or picture, or other matter intended Congress makes the following findings: nography, will cause some persons engaged for commercial distribution, that contains a (1) The effect of the intrastate production, in such intrastate activities to cease all such visual depiction of sexually explicit conduct; transportation, distribution, receipt, adver- activities, thereby reducing both supply and or tising, and possession of child pornography demand in the interstate market for child ‘‘(iii) inserting on a computer site or serv- on the interstate market in child pornog- pornography. ice a digital image of, or otherwise managing raphy. (F) Federal control of the intrastate inci- the sexually explicit content, of a computer (A) The illegal production, transportation, dents of the production, transportation, dis- site or service that contains a visual depic- distribution, receipt, advertising and posses- tribution, receipt, advertising, and posses- tion of, sexually explicit conduct; and sion of child pornography, as defined in sec- sion of child pornography, as well as the ‘‘(B) does not include activities that are tion 2256(8) of title 18, United States Code, as intrastate transfer of children for the pro- limited to— well as the transfer of custody of children for duction of child pornography, is essential to ‘‘(i) photo or film processing, including the production of child pornography, is the effective control of the interstate mar- digitization of previously existing visual de- harmful to the physiological, emotional, and ket in child pornography. pictions, as part of a commercial enterprise, mental health of the children depicted in (2) The importance of protecting children with no other commercial interest in the child pornography and has a substantial and from repeat exploitation in child pornog- sexually explicit material, printing, and detrimental effect on society as a whole. raphy: video duplication; (B) A substantial interstate market in (A) The vast majority of child pornography ‘‘(ii) distribution; child pornography exists, including not only prosecutions today involve images contained ‘‘(iii) any activity, other than those activi- a multimillion dollar industry, but also a na- on computer hard drives, computer disks, ties identified in subparagraph (A), that does tionwide network of individuals openly ad- and related media. not involve the hiring, contracting for, man- vertising their desire to exploit children and (B) Child pornography is not entitled to aging, or otherwise arranging for the partici- to traffic in child pornography. Many of protection under the First Amendment and pation of the depicted performers; these individuals distribute child pornog- thus may be prohibited. ‘‘(iv) the provision of a telecommuni- raphy with the expectation of receiving (C) The government has a compelling State cations service, or of an Internet access serv- other child pornography in return. interest in protecting children from those ice or Internet information location tool (as (C) The interstate market in child pornog- who sexually exploit them, and this interest those terms are defined in section 231 of the raphy is carried on to a substantial extent extends to stamping out the vice of child Communications Act of 1934 (47 U.S.C. 231)); through the mails and other instrumental- pornography at all levels in the distribution or ities of interstate and foreign commerce, chain. ‘‘(v) the transmission, storage, retrieval, such as the Internet. The advent of the Inter- (D) Every instance of viewing images of hosting, formatting, or translation (or any net has greatly increased the ease of trans- child pornography represents a renewed vio- combination thereof) of a communication, porting, distributing, receiving, and adver- lation of the privacy of the victims and a without selection or alteration of the con- tising child pornography in interstate com- repetition of their abuse. tent of the communication, except that dele- merce. The advent of digital cameras and (E) Child pornography constitutes prima tion of a particular communication or mate- digital video cameras, as well as videotape facie contraband, and as such should not be rial made by another person in a manner cameras, has greatly increased the ease of distributed to, or copied by, child pornog- consistent with section 230(c) of the Commu- producing child pornography. The advent of raphy defendants or their attorneys. nications Act of 1934 (47 U.S.C. 230(c)) shall inexpensive computer equipment with the (F) It is imperative to prohibit the repro- not constitute such selection or alteration of capacity to store large numbers of digital duction of child pornography in criminal the content of the communication; and

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.136 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8083 ‘‘(3) the term ‘performer’ includes any per- ‘‘(2) If the person to whom subsection (a) mission acting in its capacity to enforce sec- son portrayed in a visual depiction engaging applies is an organization the statement re- tion 1464 of this title, regarding the broad- in, or assisting another person to engage in, quired by this subsection shall include the cast of obscene, indecent or profane pro- sexually explicit conduct.’’. name, title, and business address of the indi- gramming; and (b) CONSTRUCTION.—The provisions of sec- vidual employed by such organization re- ‘‘(ii) is created as a part of a commercial tion 2257 shall not apply to any depiction of sponsible for maintaining the records re- enterprise by a person who certifies to the actual sexually explicit conduct as described quired by this section. Attorney General that such person regularly in clause (v) of section 2256(2)(A) of title 18, ‘‘(f) It shall be unlawful— and in the normal course of business collects United States Code, produced in whole or in ‘‘(1) for any person to whom subsection (a) and maintains individually identifiable in- part, prior to the effective date of this sec- applies to fail to create or maintain the formation regarding all performers, includ- tion unless that depiction also includes ac- records as required by subsections (a) and (c) ing minor performers, employed by that per- tual sexually explicit conduct as described in or by any regulation promulgated under this son, pursuant to Federal and State tax, clauses (i) through (iv) of section 2256(2)(A) section; labor, and other laws, labor agreements, or of title 18, United States Code. ‘‘(2) for any person to whom subsection (a) otherwise pursuant to industry standards, SEC. 503. RECORD KEEPING REQUIREMENTS FOR applies knowingly to make any false entry in where such information includes the name, SIMULATED SEXUAL CONDUCT. or knowingly to fail to make an appropriate address, and date of birth of the performer. (a) IN GENERAL.—Chapter 110 of title 18, entry in, any record required by subsection ‘‘(2) Nothing in subparagraphs (A) and (B) United States Code, is amended by inserting (b) or any regulation promulgated under this of paragraph (1) shall be construed to exempt after section 2257 the following: section; any matter that contains any visual depic- ‘‘SEC. 2257A. RECORD KEEPING REQUIREMENTS ‘‘(3) for any person to whom subsection (a) tion that is child pornography, as defined in FOR SIMULATED SEXUAL CONDUCT. applies knowingly to fail to comply with the section 2256(8), or is actual sexually explicit ‘‘(a) Whoever produces any book, maga- provisions of subsection (e) or any regulation conduct within the definitions in clauses (i) zine, periodical, film, videotape, digital promulgated pursuant to that subsection; or through (iv) of section 2256(2)(A). image, digitally- or computer-manipulated ‘‘(4) for any person knowingly to sell or ‘‘(i)(1) Whoever violates this section shall image of an actual human being, picture, or otherwise transfer, or offer for sale or trans- other matter that— be imprisoned for not more than 1 year, and fer, any book, magazine, periodical, film, fined in accordance with the provisions of ‘‘(1) contains 1 or more visual depictions of video, or other matter, produced in whole or simulated sexually explicit conduct; and this title, or both. in part with materials which have been ‘‘(2) Whoever violates this section in an ef- ‘‘(2) is produced in whole or in part with mailed or shipped in interstate or foreign materials which have been mailed or shipped fort to conceal a substantive offense involv- commerce or which is intended for shipment ing the causing, transporting, permitting or in interstate or foreign commerce, or is in interstate or foreign commerce, that— shipped or transported or is intended for offering or seeking by notice or advertise- ‘‘(A) contains 1 or more visual depictions ment, a minor to engage in sexually explicit shipment or transportation in interstate or made after the date of enactment of this sub- foreign commerce; conduct for the purpose of producing a visual section of simulated sexually explicit con- depiction of such conduct in violation of this shall create and maintain individually iden- duct; and tifiable records pertaining to every per- title, or to conceal a substantive offense that ‘‘(B) is produced in whole or in part with involved trafficking in material involving former portrayed in such a visual depiction. materials which have been mailed or shipped ‘‘(b) Any person to whom subsection (a) ap- the sexual exploitation of a minor, including in interstate or foreign commerce, or is receiving, transporting, advertising, or pos- plies shall, with respect to every performer shipped or transported or is intended for portrayed in a visual depiction of simulated sessing material involving the sexual exploi- shipment or transportation in interstate or tation of a minor with intent to traffic, in sexually explicit conduct— foreign commerce; ‘‘(1) ascertain, by examination of an identi- violation of this title, shall be imprisoned fication document containing such informa- which does not have affixed thereto, in a for not more than 5 years and fined in ac- tion, the performer’s name and date of birth, manner prescribed as set forth in subsection cordance with the provisions of this title, or and require the performer to provide such (e)(1), a statement describing where the both. other indicia of his or her identity as may be records required by this section may be lo- ‘‘(3) Whoever violates paragraph (2) after prescribed by regulations; cated, but such person shall have no duty to having been previously convicted of a viola- ‘‘(2) ascertain any name, other than the determine the accuracy of the contents of tion punishable under that paragraph shall performer’s present and correct name, ever the statement or the records required to be be imprisoned for any period of years not used by the performer including maiden kept. more than 10 years but not less than 2 years, name, alias, nickname, stage, or professional ‘‘(5) for any person to whom subsection (a) and fined in accordance with the provisions name; and applies to refuse to permit the Attorney of this title, or both. ‘‘(3) record in the records required by sub- General or his or her designee to conduct an ‘‘(j) The provisions of this section shall not section (a) the information required by para- inspection under subsection (c). become effective until 90 days after the final graphs (1) and (2) and such other identifying ‘‘(g) As used in this section, the terms ‘pro- regulations implementing this section are information as may be prescribed by regula- duces’ and ‘performer’ have the same mean- published in the Federal Register. The provi- tion. ing as in section 2257(h) of this title. sions of this section shall not apply to any ‘‘(c) Any person to whom subsection (a) ap- ‘‘(h)(1) The provisions of this section and matter, or image therein, produced, in whole plies shall maintain the records required by section 2257 shall not apply to matter, or any or in part, prior to the effective date of this this section at their business premises, or at image therein, containing one or more visual section. depictions of simulated sexually explicit such other place as the Attorney General ‘‘(k) On an annual basis, the Attorney Gen- conduct, or actual sexually explicit conduct may by regulation prescribe and shall make eral shall submit a report to Congress— as described in clause (v) of section such records available to the Attorney Gen- ‘‘(1) concerning the enforcement of this 2256(2)(A), if such matter— eral for inspection at all reasonable times. section and section 2257 by the Department ‘‘(A)(i) is intended for commercial distribu- ‘‘(d)(1) No information or evidence ob- of Justice during the previous 12-month pe- tion; tained from records required to be created or riod; and ‘‘(ii) is created as a part of a commercial maintained by this section shall, except as ‘‘(2) including— enterprise by a person who certifies to the provided in this section, directly or indi- ‘‘(A) the number of inspections undertaken Attorney General that such person regularly rectly, be used as evidence against any per- pursuant to this section and section 2257; and in the normal course of business collects son with respect to any violation of law. ‘‘(B) the number of open investigations and maintains individually identifiable in- ‘‘(2) Paragraph (1) shall not preclude the pursuant to this section and section 2257; formation regarding all performers, includ- use of such information or evidence in a ‘‘(C) the number of cases in which a person ing minor performers, employed by that per- prosecution or other action for a violation of has been charged with a violation of this sec- son, pursuant to Federal and State tax, this chapter or chapter 71, or for a violation tion and section 2257; and labor, and other laws, labor agreements, or of any applicable provision of law with re- ‘‘(D) for each case listed in response to sub- otherwise pursuant to industry standards, spect to the furnishing of false information. paragraph (C), the name of the lead defend- ‘‘(e)(1) Any person to whom subsection (a) where such information includes the name, ant, the federal district in which the case applies shall cause to be affixed to every address, and date of birth of the performer; was brought, the court tracking number, and copy of any matter described in subsection and a synopsis of the violation and its disposi- (a)(1) in such manner and in such form as the ‘‘(iii) is not produced, marketed or made tion, if any, including settlements, sen- Attorney General shall by regulations pre- available by the person described in clause tences, recoveries and penalties.’’. scribe, a statement describing where the (ii) to another in circumstances such than an records required by this section with respect ordinary person would conclude that the (b) CHAPTER ANALYSIS.—The chapter anal- to all performers depicted in that copy of the matter contains a visual depiction that is ysis for chapter 110 of title 18, United States matter may be located. In this paragraph, child pornography as defined in section Code, is amended by inserting after the item the term ‘copy’ includes every page of a 2256(8); or for section 2257 the following: website on which matter described in sub- ‘‘(B)(i) is subject to the authority and reg- ‘‘2257A. Recordkeeping requirements for sim- section (a) appears. ulation of the Federal Communications Com- ulated sexual conduct.’’.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0655 E:\CR\FM\A20JY6.137 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8084 CONGRESSIONAL RECORD — SENATE July 20, 2006 SEC. 504. PREVENTION OF DISTRIBUTION OF SEC. 506. PROHIBITING THE PRODUCTION OF OB- (1) A detailed statement of the progress CHILD PORNOGRAPHY USED AS EVI- SCENITY AS WELL AS TRANSPOR- made by Big Brothers Big Sisters of America DENCE IN PROSECUTIONS. TATION, DISTRIBUTION, AND SALE. in expanding the capacity of and carrying Section 3509 of title 18, United States Code, (a) SECTION 1465.—Section 1465 of title 18 of out mentoring programs for at-risk youth. is amended by adding at the end the fol- the United States Code is amended— (2) A detailed statement of how the lowing: (1) by inserting ‘‘PRODUCTION AND’’ be- amounts received under this Act have been ‘‘(m) PROHIBITION ON REPRODUCTION OF fore ‘‘TRANSPORTATION’’ in the heading of used. CHILD PORNOGRAPHY.— the section; (3) A detailed assessment of the effective- ‘‘(1) In any criminal proceeding, any prop- (2) by inserting ‘‘produces with the intent ness of the mentoring programs. erty or material that constitutes child por- to transport, distribute, or transmit in inter- (4) Recommendations for continued grants nography (as defined by section 2256 of this state or foreign commerce, or whoever know- and the appropriate amounts for such grants. title) shall remain in the care, custody, and ingly’’ after ‘‘whoever knowingly’’ and be- control of either the Government or the fore ‘‘transports or travels in’’; and SEC. 605. AUTHORIZATION OF APPROPRIATIONS. court. (3) by inserting a comma after ‘‘in or af- There are authorized to be appropriated to ‘‘(2)(A) Notwithstanding Rule 16 of the fecting such commerce’’. carry out this Act— Federal Rules of Criminal Procedure, a court (b) SECTION 1466.—Section 1466 of title 18 of (1) $9,000,000 for fiscal year 2007; shall deny, in any criminal proceeding, any the United States Code is amended— (2) $10,000,000 for fiscal year 2008; request by the defendant to copy, photo- (1) in subsection (a), by inserting ‘‘pro- (3) $11,500,000 for fiscal year 2009; graph, duplicate, or otherwise reproduce any ducing with intent to distribute or sell, or’’ (4) $13,000,000 for fiscal year 2010; and property or material that constitutes child before ‘‘selling or transferring obscene mat- (5) $15,000,000 for fiscal year 2011. pornography (as defined by section 2256 of ter,’’; Subtitle B—National Police Athletic League this title), so long as the Government makes (2) in subsection (b), by inserting, ‘‘pro- Youth Enrichment Act the property or material reasonably avail- duces’’ before ‘‘sells or transfers or offers to able to the defendant. sell or transfer obscene matter’’; and SEC. 611. SHORT TITLE. ‘‘(B) For the purposes of subparagraph (A), (3) in subsection (b) by inserting ‘‘produc- This subtitle may be cited as the ‘‘Na- property or material shall be deemed to be tion,’’ before ‘‘selling or transferring or of- tional Police Athletic League Youth Enrich- reasonably available to the defendant if the fering to sell or transfer such material.’’. ment Reauthorization Act of 2006’’. Government provides ample opportunity for SEC. 507. GUARDIANS AD LITEM. SEC. 612. FINDINGS. Section 3509(h)(1) of title 18, United States inspection, viewing, and examination at a Section 2 of the National Police Athletic Code, is amended by inserting ‘‘, and provide Government facility of the property or mate- League Youth Enrichment Act of 2000 (42 reasonable compensation and payment of ex- rial by the defendant, his or her attorney, U.S.C. 13751 note) is amended— penses for,’’ before ‘‘a guardian’’. and any individual the defendant may seek (1) in paragraph (1)— to qualify to furnish expert testimony at TITLE VI—GRANTS, STUDIES, AND PRO- (A) by redesignating subparagraphs (C) trial.’’. GRAMS FOR CHILDREN AND COMMU- through (G) as subparagraphs (D) through SEC. 505. AUTHORIZING CIVIL AND CRIMINAL NITY SAFETY (H), respectively; and ASSET FORFEITURE IN CHILD EX- Subtitle A—Mentoring Matches for Youth Act (B) by inserting after subparagraph (B) the PLOITATION AND OBSCENITY CASES. SEC. 601. SHORT TITLE. following: (a) CONFORMING FORFEITURE PROCEDURES This subtitle may be cited as the ‘‘Men- ‘‘(C) develop life enhancing character and FOR OBSCENITY OFFENSES.—Section 1467 of toring Matches for Youth Act of 2006’’. leadership skills in young people;’’; title 18, United States Code, is amended— (2) in paragraph (2) by striking ‘‘55-year’’ (1) in subsection (a)(3), by inserting a pe- SEC. 602. FINDINGS. Congress finds the following: and inserting ‘‘90-year’’; riod after ‘‘of such offense’’ and striking all (3) in paragraph (3)— that follows; and (1) Big Brothers Big Sisters of America, which was founded in 1904 and chartered by (A) by striking ‘‘320 PAL chapters’’ and in- (2) by striking subsections (b) through (n) serting ‘‘350 PAL chapters’’; and and inserting the following: Congress in 1958, is the oldest and largest mentoring organization in the United States. (B) by striking ‘‘1,500,000 youth’’ and in- ‘‘(b) The provisions of section 413 of the serting ‘‘2,000,000 youth’’; Controlled Substances Act (21 U.S.C. 853), (2) There are over 450 Big Brothers Big Sis- ters of America local agencies providing (4) in paragraph (4), by striking ‘‘82 with the exception of subsections (a) and (d), percent’’and inserting ‘‘85 percent’’; shall apply to the criminal forfeiture of mentoring programs for at-risk children in over 5,000 communities throughout every (5) in paragraph (5), in the second sentence, property pursuant to subsection (a). by striking ‘‘receive no’’ and inserting ‘‘rare- ‘‘(c) Any property subject to forfeiture pur- State, Guam, and Puerto Rico. (3) Over the last decade, Big Brothers Big ly receive’’; suant to subsection (a) may be forfeited to (6) in paragraph (6), by striking ‘‘17 are at the United States in a civil case in accord- Sisters of America has raised a minimum of 75 percent of its annual operating budget risk’’ and inserting ‘‘18 are at risk’’; and ance with the procedures set forth in chapter (7) in paragraph (7), by striking ‘‘1999’’ and 46 of this title.’’. from private sources and is continually working to grow private sources of funding inserting ‘‘2005’’. (b) PROPERTY SUBJECT TO CRIMINAL FOR- to maintain this ratio of private to Federal FEITURE.—Section 2253(a) of title 18, United SEC. 613. PURPOSE. States Code, is amended— funds. Section 3 of the National Police Athletic (1) in the matter preceding paragraph (1)— (4) In 2005, Big Brothers Big Sisters of League Youth Enrichment Act of 2000 (42 (A) by inserting ‘‘or who is convicted of an America provided mentors for over 235,000 U.S.C. 13751 note) is amended— offense under section 2252B of this chapter,’’ children. (1) in paragraph (1)— after ‘‘2260 of this chapter’’; and (5) Big Brothers Big Sisters of America has (A) by striking ‘‘320 established PAL chap- (B) by striking ‘‘an offense under section a goal to provide mentors for 1,000,000 chil- ters’’ and inserting ‘‘342 established PAL 2421, 2422, or 2423 of chapter 117’’ and insert- dren per year. chapters’’; and ing ‘‘an offense under chapter 109A’’; SEC. 603. GRANT PROGRAM FOR EXPANDING BIG (B) by striking ‘‘and’’ at the end; (2) in paragraph (1), by inserting ‘‘2252A, BROTHERS BIG SISTERS MEN- (2) in paragraph (2), by striking ‘‘2006.’’ and TORING PROGRAM. 2252B, or 2260’’ after ‘‘2252’’; and inserting ‘‘2010; and’’; and In each of fiscal years 2007 through 2012, (3) in paragraph (3), by inserting ‘‘or any (3) by adding at the end the following: the Administrator of the Office of Juvenile property traceable to such property’’ before ‘‘(3) support of an annual gathering of PAL Justice and Delinquency Prevention (here- the period. chapters and designated youth leaders from after in this Act referred to as the ‘‘Adminis- (c) CRIMINAL FORFEITURE PROCEDURE.—Sec- such chapters to participate in a 3-day con- trator’’) may make grants to Big Brothers tion 2253 of title 18, United States Code, is ference that addresses national and local Big Sisters of America to use for expanding amended by striking subsections (b) through issues impacting the youth of America and the capacity of and carrying out the Big (o) and inserting the following: includes educational sessions to advance Brothers Big Sisters mentoring programs for ‘‘(b) Section 413 of the Controlled Sub- character and leadership skills.’’. at-risk youth. stances Act (21 U.S.C. 853) with the exception SEC. 614. GRANTS AUTHORIZED. of subsections (a) and (d), applies to the SEC. 604. BIANNUAL REPORT. Section 5 of the National Police Athletic criminal forfeiture of property pursuant to (a) IN GENERAL.—Big Brothers Big Sisters League Youth Enrichment Act of 2000 (42 subsection (a).’’. of America shall submit 2 reports to the Ad- ministrator in each of fiscal years 2007 U.S.C. 13751 note) is amended— (d) CIVIL FORFEITURE.—Section 2254 of title (1) in subsection (a), by striking ‘‘2001 18, United States Code, is amended to read as through 2013. Big Brothers Big Sisters of through 2005’’ and inserting ‘‘2006 through follows: America shall submit the first report in a fiscal year not later than April 1 of that fis- 2010’’; and ‘‘§ 2254. Civil forfeiture cal year and the second report in a fiscal (2) in subsection (b)(1)(B), by striking ‘‘not ‘‘Any property subject to forfeiture pursu- year not later than September 30 of that fis- less than 570 PAL chapters in operation be- ant to section 2253 may be forfeited to the cal year. fore January 1, 2004’’ and inserting ‘‘not United States in a civil case in accordance (b) REQUIRED CONTENT.—Each such report fewer than 500 PAL chapters in operation be- with the procedures set forth in chapter 46.’’. shall include the following: fore January 1, 2010’’.

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.137 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8085 SEC. 615. USE OF FUNDS. are funded to allow an assessment of effec- ‘‘SEC. 3012. JUVENILE SEX OFFENDER TREAT- Section 6(a)(2) of the National Police Ath- tiveness. MENT GRANTS. letic League Youth Enrichment Act of 2000 (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) AUTHORITY To MAKE JUVENILE SEX OF- (42 U.S.C. 13751 note) is amended— (1) IN GENERAL.—There are authorized to be FENDER TREATMENT GRANTS.— (1) in the matter preceding subparagraph appropriated $5,000,000 for each of the fiscal ‘‘(1) IN GENERAL.—From amounts made (A), by striking ‘‘four’’ and inserting ‘‘two’’; years 2007 through 2009 to carry out this sec- available to carry out this part, the Attor- and tion. ney General may make grants to units of (2) in subparagraph (A)— (2) REPORT.—Not later than September 1, local government, Indian tribal govern- (A) in the matter preceding clause (i), by 2010, the Attorney General shall report to ments, correctional facilities, other public striking ‘‘two programs’’ and inserting ‘‘one Congress— and private entities, and multijurisdictional program’’; (A) assessing the effectiveness and value of or regional consortia thereof for activities (B) in clause (iii), by striking ‘‘or’’; this section; specified in paragraph (2). (C) in clause (iv), by striking ‘‘and’’ and in- (B) comparing the cost effectiveness of the ‘‘(2) COVERED ACTIVITIES.—An activity re- serting ‘‘or’’; and electronic monitoring to reduce sex offenses ferred to in paragraph (1) is any program, (D) by inserting after clause (iv) the fol- compared to other alternatives; and project, or other activity to assist in the lowing: (C) making recommendations for con- treatment of juvenile sex offenders. ‘‘(v) character development and leadership tinuing funding and the appropriate levels ‘‘(b) JUVENILE SEX OFFENDER DEFINED.— training; and’’. for such funding. For purposes of this section, the term ‘juve- SEC. 616. AUTHORIZATION OF APPROPRIATIONS. nile sex offender’ is a sex offender who had SEC. 622. TREATMENT AND MANAGEMENT OF SEX Section 8(a) of the National Police Ath- not attained the age of 18 years at the time OFFENDERS IN THE BUREAU OF of his or her offense. letic League Youth Enrichment Act of 2000 PRISONS. (42 U.S.C. 13751 note) is amended by striking ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Section 3621 of title 18, United States Code, ‘‘2001 through 2005’’ and inserting ‘‘2006 There are authorized to be appropriated is amended by adding at the end the fol- through 2010’’. $10,000,000 for each of fiscal years 2007 lowing new subsection: SEC. 617. NAME OF LEAGUE. through 2009 to carry out this part.’’. ‘‘(f) SEX OFFENDER MANAGEMENT.— (a) DEFINITIONS.—Section 4(4) of the Na- SEC. 624. ASSISTANCE FOR PROSECUTION OF tional Police Athletic League Youth Enrich- ‘‘(1) IN GENERAL.—The Bureau of Prisons CASES CLEARED THROUGH USE OF DNA BACKLOG CLEARANCE FUNDS. ment Act of 2000 (42 U.S.C. 13751 note) is shall make available appropriate treatment (a) IN GENERAL.—The Attorney General amended in the paragraph heading, by strik- to sex offenders who are in need of and suit- may make grants to train and employ per- ing ‘‘Athletic’’ and inserting ‘‘Athletic/ac- able for treatment, as follows: EX OFFENDER MANAGEMENT PRO sonnel to help prosecute cases cleared tivities’’. ‘‘(A) S - (b) TEXT.—The National Police Athletic GRAMS.—The Bureau of Prisons shall estab- through use of funds provided for DNA back- League Youth Enrichment Act of 2000 (42 lish non-residential sex offender manage- log elimination. U.S.C. 13751 note) is amended by striking ment programs to provide appropriate treat- (b) AUTHORIZATION.—There are authorized ‘‘Police Athletic League’’ each place such ment, monitoring, and supervision of sex of- to be appropriated such sums as may be nec- term appears and inserting ‘‘Police Athletic/ fenders and to provide aftercare during pre- essary for each of fiscal years 2007 through Activities League’’. release custody. 2011 to carry out this section. ‘‘(B) RESIDENTIAL SEX OFFENDER TREAT- SEC. 625. GRANTS TO COMBAT SEXUAL ABUSE OF Subtitle C—Grants, Studies, and Other MENT PROGRAMS.—The Bureau of Prisons CHILDREN. Provisions shall establish residential sex offender treat- (a) IN GENERAL.—The Bureau of Justice As- SEC. 621. PILOT PROGRAM FOR MONITORING ment programs to provide treatment to sex sistance is authorized to make grants under SEXUAL OFFENDERS. offenders who volunteer for such programs this section— (a) SEX OFFENDER MONITORING PROGRAM.— and are deemed by the Bureau of Prisons to (1) to any law enforcement agency that (1) GRANTS AUTHORIZED.— be in need of and suitable for residential serves a jurisdiction with 50,000 or more resi- (A) IN GENERAL.—The Attorney General is treatment. dents; and authorized to award grants (referred to as ‘‘(2) REGIONS.—At least 1 sex offender man- (2) to any law enforcement agency that ‘‘Jessica Lunsford and Sarah Lunde Grants’’) agement program under paragraph (1)(A), serves a jurisdiction with fewer than 50,000 to States, local governments, and Indian and at least one residential sex offender residents, upon a showing of need. tribal governments to assist in— treatment program under paragraph (1)(B), (b) USE OF GRANT AMOUNTS.—Grants under (i) carrying out programs to outfit sex of- shall be established in each region within the this section may be used by the law enforce- fenders with electronic monitoring units; Bureau of Prisons. ment agency to— and ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— (1) hire additional law enforcement per- (ii) the employment of law enforcement of- There are authorized to be appropriated to sonnel or train existing staff to combat the ficials necessary to carry out such programs. the Bureau of Prisons for each fiscal year sexual abuse of children through community (B) DURATION.—The Attorney General shall such sums as may be necessary to carry out education and outreach, investigation of award grants under this section for a period this subsection.’’. complaints, enforcement of laws relating to not to exceed 3 years. SEC. 623. SEX OFFENDER APPREHENSION sex offender registries, and management of (C) MINIMUM STANDARDS.—The electronic released sex offenders; monitoring units used in the pilot program GRANTS; JUVENILE SEX OFFENDER TREATMENT GRANTS. (2) investigate the use of the Internet to fa- shall at a minimum— Title I of the Omnibus Crime Control and cilitate the sexual abuse of children; and (i) provide a single-unit tracking device for (3) purchase computer hardware and soft- each offender that— Safe Streets Act of 1968 is amended by add- ing at the end the following new part: ware necessary to investigate sexual abuse of (I) contains a central processing unit with children over the Internet, access local, global positioning system and cellular tech- ‘‘PART X—SEX OFFENDER APPREHENSION State, and Federal databases needed to ap- nology in a single unit; and GRANTS; JUVENILE SEX OFFENDER prehend sex offenders, and facilitate the cre- (II) provides two- and three-way voice com- TREATMENT GRANTS ation and enforcement of sex offender reg- munication; and istries. (ii) permit active, real-time, and contin- ‘‘SEC. 3011. SEX OFFENDER APPREHENSION GRANTS. (c) CRITERIA.—The Attorney General shall uous monitoring of offenders 24 hours a day. give priority to law enforcement agencies ‘‘(a) AUTHORITY TO MAKE SEX OFFENDER (2) APPLICATION.— making a showing of need. APPREHENSION GRANTS.— (A) IN GENERAL.—Each State, local govern- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—From amounts made ment, or Indian tribal government desiring a There are authorized to be appropriated such available to carry out this part, the Attor- grant under this section shall submit an ap- sums as may be necessary for fiscal years ney General may make grants to States, plication to the Attorney General at such 2007 through 2009 to carry out this section. time, in such manner, and accompanied by units of local government, Indian tribal gov- SEC. 626. CRIME PREVENTION CAMPAIGN GRANT. such information as the Attorney General ernments, other public and private entities, Subpart 2 of part E of title I of the Omni- may reasonably require. and multi-jurisdictional or regional con- bus Crime Control and Safe Street Act of (B) CONTENTS.—Each application sub- sortia thereof for activities specified in para- 1968 is amended by adding at the end the fol- mitted pursuant to subparagraph (A) shall— graph (2). lowing new chapter: (i) describe the activities for which assist- ‘‘(2) COVERED ACTIVITIES.—An activity re- ance under this section is sought; and ferred to in paragraph (1) is any program, ‘‘CHAPTER 4—GRANTS TO PRIVATE (ii) provide such additional assurances as project, or other activity to assist a State in ENTITIES the Attorney General determines to be es- enforcing sex offender registration require- ‘‘SEC. 519. CRIME PREVENTION CAMPAIGN sential to ensure compliance with the re- ments. GRANT. quirements of this section. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) GRANT AUTHORIZATION.—The Attorney (b) INNOVATION.—In making grants under There are authorized to be appropriated such General may provide a grant to a national this section, the Attorney General shall en- sums as may be necessary for fiscal years private, nonprofit organization that has ex- sure that different approaches to monitoring 2007 through 2009 to carry out this part. pertise in promoting crime prevention

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.137 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8086 CONGRESSIONAL RECORD — SENATE July 20, 2006 through public outreach and media cam- ment for not more than 1 year, a fine under sault Hotline helped 137,039 people, an all- paigns in coordination with law enforcement title 18, United States Code, or both. time record. agencies and other local government offi- (e) AUTHORIZATION OF APPROPRIATIONS.— (17) The programs sponsored by RAINN and cials, and representatives of community pub- There is authorized to be appropriated its local affiliates have contributed to the lic interest organizations, including schools $20,000,000 to carry out this section for the 5- increase in the percentage of victims who re- and youth-serving organizations, faith-based, year period beginning on the first day of fis- port their rape to law enforcement. and victims’ organizations and employers. cal year 2007. (18) According to a recent poll, 92 percent ‘‘(b) APPLICATION.—To request a grant SEC. 628. GRANTS FOR RAPE, ABUSE & INCEST of American women said that fighting sexual under this section, an organization described NATIONAL NETWORK. and domestic violence should be a top public in subsection (a) shall submit an application (a) FINDINGS.—Congress finds as follows: policy priority (a higher percentage than to the Attorney General in such form and (1) More than 200,000 Americans each year chose health care, child care, or any other containing such information as the Attorney are victims of sexual assault, according to issue). General may require. the Department of Justice. (19) Authorizing Federal funds for RAINN’s ‘‘(c) USE OF FUNDS.—An organization that (2) In 2004, 1 American was sexually as- national programs would promote continued receives a grant under this section shall— saulted every 2.5 minutes. progress with this interstate problem and ‘‘(1) create and promote national public (3) One of every 6 women, and 1 of every 133 would make a significant difference in the communications campaigns; men, in America has been the victim of a prosecution of rapists and the overall inci- ‘‘(2) develop and distribute publications completed or attempted rape, according to dence of sexual violence. and other educational materials that pro- the Department of Justice. (b) DUTIES AND FUNCTIONS OF THE ADMINIS- mote crime prevention; (4) The Federal Bureau of Investigation TRATOR.— ‘‘(3) design and maintain web sites and re- ranks rape second in the hierarchy of violent (1) DESCRIPTION OF ACTIVITIES.—The Ad- lated web-based materials and tools; crimes for its Uniform Crime Reports, trail- ministrator shall— ‘‘(4) design and deliver training for law en- ing only murder. (A) issue such rules as the Administrator forcement personnel, community leaders, (5) The Federal Government, through the considers necessary or appropriate to carry and other partners in public safety and Victims of Crime Act, Violence Against out this section; hometown security initiatives; Women Act, and other laws, has long played (B) make such arrangements as may be ‘‘(5) design and deliver technical assistance a role in providing services to sexual assault necessary and appropriate to facilitate effec- to States, local jurisdictions, and crime pre- victims and in seeking policies to increase tive coordination among all Federally fund- vention practitioners and associations; the number of rapists brought to justice. ed programs relating to victims of sexual as- ‘‘(6) coordinate a coalition of Federal, na- (6) Research suggests that sexual assault sault; and tional, and statewide organizations and com- victims who receive counseling support are (C) provide adequate staff and agency re- munities supporting crime prevention; more likely to report their attack to the po- sources which are necessary to properly ‘‘(7) design, deliver, and assess demonstra- lice and to participate in the prosecution of carry out the responsibilities pursuant to tion programs; the offender. this section. ‘‘(8) operate McGruff-related programs, in- (7) Due in part to the combined efforts of (2) ANNUAL GRANT TO RAPE, ABUSE & INCEST cluding McGruff Club; law enforcement officials at the local, State, NATIONAL NETWORK.—The Administrator ‘‘(9) operate the Teens, Crime, and Commu- and Federal level, as well as the efforts of shall annually make a grant to RAINN, nity Program; and the Rape, Abuse & Incest National Network which shall be used for the performance of ‘‘(10) evaluate crime prevention programs (RAINN) and its affiliated rape crisis centers the organization’s national programs, which and trends. across the United States, sexual violence in may include— ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— America has fallen by more than half since There are authorized to be appropriated to 1994. (A) operation of the National Sexual As- carry out this section— (8) RAINN, a 501(c)(3) nonprofit corporation sault Hotline, a 24-hour toll-free telephone ‘‘(1) for fiscal year 2007, $7,000,000; headquartered in the District of Columbia, line by which individuals may receive help ‘‘(2) for fiscal year 2008, $8,000,000; has since 1994 provided help to victims of and information from trained volunteers; ‘‘(3) for fiscal year 2009, $9,000,000; and sexual assault and educated the public about (B) operation of the National Sexual As- ‘‘(4) for fiscal year 2010, $10,000,000.’’. sexual assault prevention, prosecution, and sault Online Hotline, a 24-hour free online recovery. service by which individuals may receive SEC. 627. GRANTS FOR FINGERPRINTING PRO- GRAMS FOR CHILDREN. (9) RAINN established and continues to op- help and information from trained volun- (a) IN GENERAL.—The Attorney General erate the National Sexual Assault Hotline, a teers; shall establish and implement a program free, confidential telephone hotline that pro- (C) education of the media, the general under which the Attorney General may vides help, 24 hours a day, to victims nation- public, and populations at risk of sexual as- make grants to States, units of local govern- ally. sault about the incidence of sexual violence ment, and Indian tribal governments in ac- (10) More than 1,100 local rape crisis cen- and sexual violence prevention, prosecution, cordance with this section. ters in the 50 States and the District of Co- and recovery; (b) USE OF GRANT AMOUNTS.—A grant made lumbia partner with RAINN and are mem- (D) dissemination, on a national basis, of to a State, unit of local government, or In- bers of the National Sexual Assault Hotline information relating to innovative and dian tribal government under subsection (a) network (which has helped more than 970,000 model programs, services, laws, legislation, shall be distributed to law enforcement people since its inception in 1994). and policies that benefit victims of sexual agencies within the jurisdiction of such (11) To better serve victims of sexual as- assault; and State, unit, or tribal government to be used sault, 80 percent of whom are under age 30 (E) provision of technical assistance to law for any of the following activities: and 44 percent of whom are under age 18, enforcement agencies, State and local gov- (1) To establish a voluntary fingerprinting RAINN will soon launch the National Sexual ernments, the criminal justice system, pub- program for children, which may include the Assault Online Hotline, the web’s first secure lic and private nonprofit agencies, and indi- taking of palm prints of children. hotline service offering live help 24 hours a viduals in the investigation and prosecution (2) To hire additional law enforcement per- day. of cases involving victims of sexual assault. sonnel, or train existing law enforcement (12) Congress and the Department of Jus- (c) DEFINITIONS.—For the purposes of this personnel, to take fingerprints of children. tice have given RAINN funding to conduct section: (3) To provide information within the com- its crucial work. (1) ADMINISTRATOR.—The term ‘‘Adminis- munity involved about the existence of such (13) RAINN is a national model of public/ trator’’ means the Administrator of the Of- a fingerprinting program. private partnership, raising private sector fice of Juvenile Justice and Delinquency (4) To provide for computer hardware, com- funds to match congressional appropriations Prevention. puter software, or other materials necessary and receiving extensive private in-kind sup- (2) RAINN.—The term ‘‘RAINN’’ means the to carry out such a fingerprinting program. port, including advanced technology pro- Rape, Abuse & Incest National Network, a (c) LIMITATION.—Fingerprints of a child de- vided by the communications and technology 501(c)(3) nonprofit corporation headquartered rived from a program funded under this sec- industries to launch the National Sexual As- in the District of Columbia. sault Hotline and the National Sexual As- tion— (d) AUTHORIZATION OF APPROPRIATIONS.— (1) may be released only to a parent or sault Online Hotline. There is authorized to be appropriated to the guardian of the child; and (14) Worth magazine selected RAINN as Administrator to carry out this section, (2) may not be copied or retained by any one of ‘‘America’s 100 Best Charities’’, in rec- $3,000,000 for each of fiscal years 2007 through Federal, State, local, or tribal law enforce- ognition of the organization’s ‘‘efficiency 2010. ment officer unless written permission is and effectiveness.’’ given by the parent or guardian. (15) In fiscal year 2005, RAINN spent more SEC. 629. CHILDREN’S SAFETY ONLINE AWARE- (d) CRIMINAL PENALTY.—Any person who than 91 cents of every dollar received di- NESS CAMPAIGNS. uses the fingerprints of a child derived from rectly on program services. (a) AWARENESS CAMPAIGN FOR CHILDREN’S a program funded under this section for any (16) The demand for RAINN’s services is SAFETY ONLINE.— purpose other than the purpose described in growing dramatically, as evidenced by the (1) IN GENERAL.—The Attorney General, in subsection (c)(1) shall be subject to imprison- fact that, in 2005, the National Sexual As- consultation with the National Center for

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.137 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8087 Missing and Exploited Children, is author- (A) assessing the effectiveness and value of tronic register of cases of child abuse or ne- ized to develop and carry out a public aware- this section; glect equivalent to the registry established ness campaign to demonstrate, explain, and (B) comparing the cost effectiveness of ad- under this section that it maintains pursu- encourage children, parents, and community dress verification to reduce sex offenses com- ant to a requirement or authorization under leaders to better protect children when such pared to other alternatives; and any other provision of law, the information children are on the Internet. (C) making recommendations for con- provided to the Secretary of Health and (2) REQUIRED COMPONENTS.—The public tinuing funding and the appropriate levels Human Services under this section shall be awareness campaign described under para- for such funding. coextensive with that in such register. graph (1) shall include components that com- SEC. 632. FUGITIVE SAFE SURRENDER. (2) FORM.—Information provided to the pliment and reinforce the campaign message (a) FINDINGS.—Congress finds the fol- Secretary of Health and Human Services in a variety of media, including the Internet, lowing: under this section— television, radio, and billboards. (1) Fugitive Safe Surrender is a program of (A) shall be in a standardized electronic (b) AWARENESS CAMPAIGN REGARDING THE the United States Marshals Service, in part- form determined by the Secretary of Health ACCESSIBILITY AND UTILIZATION OF SEX OF- nership with public, private, and faith-based and Human Services; and FENDER REGISTRIES.—The Attorney General, organizations, which temporarily transforms (B) shall contain case-specific identifying in consultation with the National Center for a church into a courthouse, so fugitives can information that is limited to the name of Missing and Exploited Children, is author- turn themselves in, in an atmosphere where the perpetrator and the nature of the sub- ized to develop and carry out a public aware- they feel more comfortable to do so, and stantiated case of child abuse or neglect, and ness campaign to demonstrate, explain, and have nonviolent cases adjudicated imme- that complies with clauses (viii) and (ix) of encourage parents and community leaders to diately. section 106(b)(2)(A) of the Child Abuse Pre- better access and utilize the Federal and (2) In the 4-day pilot program in Cleveland, vention and Treatment Act (42 U.S.C. State sex offender registries. 5106(b)(2)(A) (viii) and (ix)). (c) AUTHORIZATION OF APPROPRIATIONS.— Ohio, over 800 fugitives turned themselves in. There are authorized to be appropriated to By contrast, a successful Fugitive Task (d) CONSTRUCTION.—This section shall not carry out this section such sums as are nec- Force sweep, conducted for 3 days after Fugi- be construed to require a State, Indian tribe, essary for fiscal years 2007 through 2011. tive Safe Surrender, resulted in the arrest of or political subdivision of a State to mod- SEC. 630. GRANTS FOR ONLINE CHILD SAFETY 65 individuals. ify— PROGRAMS. (3) Fugitive Safe Surrender is safer for de- (1) an equivalent register of cases of child (a) IN GENERAL.—The Attorney General fendants, law enforcement, and innocent by- abuse or neglect that it maintains pursuant shall, subject to the availability of appro- standers than needing to conduct a sweep. to a requirement or authorization under any priations, make grants to States, units of (4) Based upon the success of the pilot pro- other provision of law; or local government, and nonprofit organiza- gram, Fugitive Safe Surrender should be ex- (2) any other record relating to child abuse tions for the purposes of establishing and panded to other cities throughout the United or neglect, regardless of whether the report maintaining programs with respect to im- States. of abuse or neglect was substantiated, unsub- proving and educating children and parents (b) ESTABLISHMENT.—The United States stantiated, or determined to be unfounded. in the best ways for children to be safe when Marshals Service shall establish, direct, and (e) ACCESSIBILITY.—Information contained on the Internet. coordinate a program (to be known as the in the national registry shall only be acces- (b) DEFINITION OF STATE.—For purposes of ‘‘Fugitive Safe Surrender Program’’), under sible to any Federal, State, Indian tribe, or this section, the term ‘‘State’’ means any which the United States Marshals Service local government entity, or any agent of State of the United States, the District of shall apprehend Federal, State, and local fu- Columbia, the Commonwealth of Puerto such entities, that has a need for such infor- gitives in a safe, secure, and peaceful manner mation in order to carry out its responsibil- Rico, the Virgin Islands, American Samoa, to be coordinated with law enforcement and Guam, and the Northern Mariana Islands. ities under law to protect children from child community leaders in designated cities abuse and neglect. (c) AUTHORIZATION OF APPROPRIATIONS.— throughout the United States. There are authorized to be appropriated to (c) AUTHORIZATION OF APPROPRIATIONS.— (f) DISSEMINATION.—The Secretary of carry out this section such sums as are nec- There are authorized to be appropriated to Health and Human Services shall establish essary for fiscal years 2007 through 2011. the United States Marshals Service to carry standards for the dissemination of informa- SEC. 631. JESSICA LUNSFORD ADDRESS out this section— tion in the national registry of substantiated VERIFICATION GRANT PROGRAM. (1) $3,000,000 for fiscal year 2007; cases of child abuse or neglect. Such stand- (a) ESTABLISHMENT.—There is established (2) $5,000,000 for fiscal year 2008; and ards shall comply with clauses (viii) and (ix) the Jessica Lunsford Address Verification (3) $8,000,000 for fiscal year 2009. of section 106(b)(2)(A) of the Child Abuse Pre- Grant Program (hereinafter in this section (d) OTHER EXISTING APPLICABLE LAW.— vention and Treatment Act (42 U.S.C. referred to as the ‘‘Program’’). Nothing in this section shall be construed to 5106(b)(2)(A) (viii) and (ix)). (b) GRANTS AUTHORIZED.—Under the Pro- limit any existing authority under any other gram, the Attorney General is authorized to (g) STUDY.— provision of Federal or State law for law en- award grants to State, local governments, (1) IN GENERAL.—The Secretary of Health forcement agencies to locate or apprehend and Indian tribal governments to assist in and Human Services shall conduct a study fugitives through task forces or any other carrying out programs requiring an appro- on the feasibility of establishing data collec- means. priate official to verify, at appropriate inter- tion standards for a national child abuse and vals, the residence of all or some registered SEC. 633. NATIONAL REGISTRY OF SUBSTAN- neglect registry with recommendations and sex offenders. TIATED CASES OF CHILD ABUSE. findings concerning— (c) APPLICATION.— (a) IN GENERAL.—The Secretary of Health (A) costs and benefits of such data collec- (1) IN GENERAL.—Each State or local gov- and Human Services, in consultation with tion standards; ernment seeking a grant under this section the Attorney General, shall create a national (B) data collection standards currently em- shall submit an application to the Attorney registry of substantiated cases of child abuse ployed by each State, Indian tribe, or polit- General at such time, in such manner, and or neglect. ical subdivision of a State; accompanied by such information as the At- (b) INFORMATION.— (C) data collection standards that should torney General may reasonably require. (1) COLLECTION.—The information in the be considered to establish a model of prom- (2) CONTENTS.—Each application submitted registry described in subsection (a) shall be ising practices; and pursuant to paragraph (1) shall— supplied by States and Indian tribes, or, at (D) a due process procedure for a national (A) describe the activities for which assist- the option of a State, by political subdivi- registry ance under this section is sought; and sions of such State, to the Secretary of (2) REPORT.—Not later than 1 year after (B) provide such additional assurances as Health and Human Services. the date of enactment of this Act, the Sec- the Attorney General determines to be es- (2) TYPE OF INFORMATION.—The registry de- retary of Homeland Security shall submit to sential to ensure compliance with the re- scribed in subsection (a) shall collect in a the Committees on the Judiciary in the quirements of this section. central electronic registry information on House of Representatives and the United (d) INNOVATION.—In making grants under persons reported to a State, Indian tribe, or States Senate and the Senate Committee on this section, the Attorney General shall en- political subdivision of a State as perpetra- Health, Education, Labor and Pensions and sure that different approaches to address tors of a substantiated case of child abuse or the House Committee on Education and the verification are funded to allow an assess- neglect. Workforce a report containing the rec- ment of effectiveness. (c) SCOPE OF INFORMATION.— ommendations and findings of the study on (e) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.— data collection standards for a national child (1) IN GENERAL.—There are authorized to be (A) TREATMENT OF REPORTS.—The informa- abuse registry authorized under this sub- appropriated for each of the fiscal years 2007 tion to be provided to the Secretary of section. through 2009 such sums as may be necessary Health and Human Services under this sec- (3) AUTHORIZATION OF APPROPRIATIONS.— to carry out this section. tion shall relate to substantiated reports of There is authorized to be appropriated (2) REPORT.—Not later than April 1, 2009, child abuse or neglect. $500,000 for the period of fiscal years 2006 and the Attorney General shall report to Con- (B) EXCEPTION.—If a State, Indian tribe, or 2007 to carry out the study required by this gress— political subdivision of a State has an elec- subsection.

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COMPREHENSIVE EXAMINATION OF SEX location and other related updates of per- (2) are especially qualified to serve on the OFFENDER ISSUES. sonal information, the Congress requires the task force by virtue of their education, (a) IN GENERAL.—The National Institute of following studies: training, or experience, particularly in the Justice shall conduct a comprehensive study (1) Not later than 180 days after the date of fields of sex offender management, commu- to examine the control, prosecution, treat- the enactment of this Act, the Government nity education, risk assessment of sex of- ment, and monitoring of sex offenders, with Accountability Office shall complete a study fenders, and sex offender victim issues. a particular focus on— for the Committee on the Judiciary of the SEC. 638. STUDY OF THE EFFECTIVENESS OF RE- (1) the effectiveness of the Sex Offender Senate and the Committee on the Judiciary STRICTING THE ACTIVITIES OF SEX Registration and Notification Act in increas- of the House of Representatives to survey a OFFENDERS TO REDUCE THE OC- ing compliance with sex offender registra- majority of the States to assess the relative CURRENCE OF REPEAT OFFENSES. tion and notification requirements, and the systems capabilities to comply with a Fed- (a) STUDY.—The Attorney General shall costs and burdens associated with such com- eral law that required all State driver’s li- conduct a study to evaluate the effectiveness pliance; cense systems to automatically access State of monitoring and restricting the activities (2) the effectiveness of sex offender reg- and national databases of registered sex of- of sex offenders to reduce the occurrence of istration and notification requirements in fenders in a form similar to the requirement repeat offenses by such sex offenders, increasing public safety, and the costs and of the Nevada law described in paragraph (2). through conditions imposed as part of super- burdens associated with such requirements; The Government Accountability Office shall vised release or probation conditions. The (3) the effectiveness of public dissemina- use the information drawn from this survey, study shall evaluate— tion of sex offender information on the Inter- along with other expert sources, to deter- (1) the effectiveness of methods of moni- net in increasing public safety, and the costs mine what the potential costs to the States toring and restricting the activities of sex and burdens associated with such dissemina- would be if such a Federal law came into ef- offenders, including restrictions— tion; and fect, and what level of Federal grants would (A) on the areas in which sex offenders can (4) the effectiveness of treatment programs be required to prevent an unfunded mandate. reside, work, and attend school; in reducing recidivism among sex offenders, In addition, the Government Accountability (B) limiting access by sex offenders to the and the costs and burdens associated with Office shall seek the views of Federal and Internet or to specific Internet sites; and such programs. State law enforcement agencies, including in (C) preventing access by sex offenders to (b) RECOMMENDATIONS.—The study de- particular the Federal Bureau of Investiga- pornography and other obscene materials; scribed in subsection (a) shall include rec- tion, with regard to the anticipated effects of (2) the ability of law enforcement agencies ommendations for reducing the number of such a national requirement, including po- and courts to enforce such restrictions; and sex crimes against children and adults and tential for undesired side effects in terms of (3) the efficacy of any other restrictions increasing the effectiveness of registration actual compliance with this Act and related that may reduce the occurrence of repeat of- requirements. laws. fenses by sex offenders. (c) REPORTS.— (2) Not later than February 1, 2007, the (b) REPORT.—Not later than 6 months after (1) IN GENERAL.—Not later than 5 years Government Accountability Office shall the date of enactment of this Act, the Attor- after the date of enactment of this Act, the complete a study to evaluate the provisions ney General shall report to the Committee National Institute of Justice shall report the of Chapter 507 of Statutes of Nevada 2005 to on the Judiciary of the House of Representa- results of the study conducted under sub- determine— tives and the Committee on the Judiciary of section (a) together with findings to Con- (A) if those provisions are effective in in- the Senate the results of the study under gress, through the Internet to the public, to creasing the registration compliance rates of this section. each of the 50 governors, to the Mayor of the sex offenders; SEC. 639. THE JUSTICE FOR CRIME VICTIMS FAM- District of Columbia, to territory heads, and (B) the aggregate direct and indirect costs ILY ACT. to the top official of the various Indian for the State of Nevada to bring those provi- (a) SHORT TITLE.—This section may be tribes. sions into effect; and cited as the ‘‘Justice for Crime Victims Fam- (2) INTERIM REPORTS.—The National Insti- (C) how those provisions might be modified ily Act’’. (b) STUDY OF MEASURES NEEDED TO IM- tute of Justice shall submit yearly interim to improve compliance by registered sex of- PROVE PERFORMANCE OF HOMICIDE INVESTIGA- reports. fenders. (d) APPROPRIATIONS.—There are authorized TORS.—Not later than 6 months after the SEC. 637. SEX OFFENDER RISK CLASSIFICATION date of the enactment of this Act, the Attor- to be appropriated $3,000,000 to carry out this STUDY. ney General shall submit to the Committee section. (a) STUDY.—The Attorney General shall on the Judiciary of the House of Representa- SEC. 635. ANNUAL REPORT ON ENFORCEMENT OF conduct a study of risk-based sex offender REGISTRATION REQUIREMENTS. classification systems, which shall include tives and the Committee on the Judiciary of Not later than July 1 of each year, the At- an analysis of— the Senate a report— torney General shall submit a report to Con- (1) various risk-based sex offender classi- (1) outlining what measures are needed to gress describing— fication systems; improve the performance of Federal, State, (1) the use by the Department of Justice of (2) the methods and assessment tools avail- and local criminal investigators of homicide; the United States Marshals Service to assist able to assess the risks posed by sex offend- and jurisdictions in locating and apprehending ers; (2) including an examination of— sex offenders who fail to comply with sex of- (3) the efficiency and effectiveness of risk- (A) the benefits of increasing training and fender registration requirements, as author- based sex offender classification systems, in resources for such investigators, with re- ized by this Act; comparison to offense-based sex offender spect to investigative techniques, best prac- (2) the use of section 2250 of title 18, United classification systems, in— tices, and forensic services; States Code (as added by section 151 of this (A) reducing threats to public safety posed (B) the existence of any uniformity among Act), to punish offenders for failure to reg- by sex offenders; and State and local jurisdictions in the measure- ister; (B) assisting law enforcement agencies and ment of homicide rates and clearance of (3) a detailed explanation of each jurisdic- the public in identifying the most dangerous homicide cases; tion’s compliance with the Sex Offender Reg- sex offenders; (C) the coordination in the sharing of in- istration and Notification Act; (4) the resources necessary to implement, formation among Federal, State, and local (4) a detailed description of Justice Depart- and the legal implications of implementing, law enforcement and coroners and medical ment efforts to ensure compliance and any risk-based sex offender classification sys- examiners; and funding reductions, the basis for any deci- tems for sex offender registries; and (D) the sources of funding that are in exist- sion to reduce funding or not to reduce fund- (5) any other information the Attorney ence on the date of the enactment of this Act ing under section 125; and General determines necessary to evaluate for State and local criminal investigators of (5) the denial or grant of any extensions to risk-based sex offender classification sys- homicide. (c) IMPROVEMENTS NEEDED FOR SOLVING comply with the Sex Offender Registration tems. HOMICIDES INVOLVING MISSING PERSONS AND and Notification Act, and the reasons for (b) REPORT.—Not later than 18 months UNIDENTIFIED HUMAN REMAINS.—Not later such denial or grant. after the date of enactment of this Act, the Attorney General shall report to the Con- than 6 months after the date of the enact- SEC. 636. GOVERNMENT ACCOUNTABILITY OF- ment of this Act, the Attorney General shall FICE STUDIES ON FEASIBILITY OF gress the results of the study under this sec- USING DRIVER’S LICENSE REG- tion. submit to the Committee on the Judiciary of ISTRATION PROCESSES AS ADDI- (c) STUDY CONDUCTED BY TASK FORCE.—The the House of Representatives and the Com- TIONAL REGISTRATION REQUIRE- Attorney General may establish a task force mittee on the Judiciary of the Senate a re- MENTS FOR SEX OFFENDERS. to conduct the study and prepare the report port— For the purposes of determining the feasi- required under this section. Any task force (1) evaluating measures to improve the bility of using driver’s license registration established under this section shall be com- ability of Federal, State, and local criminal processes as additional registration require- posed of members, appointed by the Attor- investigators of homicide to solve homicides ments for sex offenders to improve the level ney General, who— involving missing persons and unidentified of compliance with sex offender registration (1) represent national, State, and local in- human remains; and requirements for change of address upon re- terests; and (2) including an examination of—

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.138 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8089 (A) measures to expand national criminal a person into viewing material constituting within the Cyber Crimes Center (C3). The ad- records databases with accurate information obscenity shall be fined under this title and ditional computer forensic examiners shall relating to missing persons and unidentified imprisoned for not more than 10 years. be dedicated to investigating crimes involv- human remains; ‘‘(b) MINORS.—Whoever knowingly embeds ing the sexual exploitation of children and (B) the collection of DNA samples from po- words or digital images into the source code related offenses. tential ‘high-risk’ missing persons; of a website with the intent to deceive a (c) AUTHORIZATION OF APPROPRIATIONS.— (C) the benefits of increasing access to na- minor into viewing material harmful to mi- There are authorized to be appropriated to tional criminal records databases for med- nors on the Internet shall be fined under this the Department of Justice and the Depart- ical examiners and coroners; title and imprisoned for not more than 20 ment of Homeland Security for fiscal year (D) any improvement in the performance of years. 2007 such sums as may be necessary to carry postmortem examinations, autopsies, and re- ‘‘(c) CONSTRUCTION.—For the purposes of out this section. porting procedures of unidentified persons or this section, a word or digital image that SEC. 706. ADDITIONAL ICAC TASK FORCES. remains; clearly indicates the sexual content of the (a) ADDITIONAL TASK FORCES.—In fiscal (E) any coordination between the National site, such as ‘sex’ or ‘porn’, is not mis- year 2007, the Administrator of the Office of Center for Missing Children and the National leading. Juvenile Justice and Delinquency Preven- Center for Missing Adults; ‘‘(d) DEFINITIONS.—As used in this section— tion shall, subject to the availability of ap- (F) website postings (or other uses of the ‘‘(1) the terms ‘material that is harmful to propriations for such purpose, increase by Internet) of information of identifiable infor- minors’ and ‘sex’ have the meaning given not less than 10 the number of Internet mation such as physical features and charac- such terms in section 2252B; and Crimes Against Children Task Forces that teristics, clothing, and photographs of miss- ‘‘(2) the term ‘source code’ means the com- are part of the Internet Crimes Against Chil- ing persons and unidentified human remains; bination of text and other characters com- dren Task Force Program authorized and and prising the content, both viewable and funded under title IV of the Juvenile Justice (G) any improvement with respect to— nonviewable, of a web page, including any and Delinquency Prevention Act of 1974 (42 (i) the collection of DNA information for website publishing language, programming U.S.C. 5771 et seq.). These Task Forces shall missing persons and unidentified human re- language, protocol or functional content, as be in addition to the ones authorized in sec- mains; and well as any successor languages or proto- tion 143 of this Act. (ii) entering such information into the cols.’’. (b) AUTHORIZATION OF APPROPRIATIONS.— Combined DNA Index System of the Federal (b) TABLE OF SECTIONS.—The table of sec- There are authorized to be appropriated to Bureau of Investigation and national crimi- tions for chapter 110 of title 18, United the Administrator of the Office of Juvenile nal records databases. States Code, is amended by inserting after Justice and Delinquency Prevention for fis- TITLE VII—INTERNET SAFETY ACT the item relating to section 2252B the fol- cal year 2007 such sums as may be necessary lowing: SEC. 701. CHILD EXPLOITATION ENTERPRISES. to carry out this section. Section 2252A of title 18, United States ‘‘2252C. Misleading words or digital images SEC. 707. MASHA’S LAW. Code, is amended by adding at the end the on the Internet.’’. (a) SHORT TITLE.—This section may be following: SEC. 704. ADDITIONAL PROSECUTORS FOR OF- cited as ‘‘Masha’s Law’’. ‘‘(g) CHILD EXPLOITATION ENTERPRISES.— FENSES RELATING TO THE SEXUAL (b) IN GENERAL.—Section 2255(a) of title 18, ‘‘(1) Whoever engages in a child exploi- EXPLOITATION OF CHILDREN. United States Code, is amended— tation enterprise shall be fined under this (a) DEFINITION.—In this section, the term (1) in the first sentence— title and imprisoned for any term of years ‘‘offenses relating to the sexual exploitation (A) by striking ‘‘(a) Any minor who is’’ and not less than 20 or for life. of children’’ shall include any offense com- inserting the following: ‘‘(2) A person engages in a child exploi- mitted in violation of— ‘‘(a) IN GENERAL.—Any person who, while a tation enterprise for the purposes of this sec- (1) chapter 71 of title 18, United States minor, was’’; tion if the person violates section 1591, sec- Code, involving an obscene visual depiction (B) by inserting after ‘‘such violation’’ the tion 1201 if the victim is a minor, or chapter of a minor, or transfer of obscene materials following: ‘‘, regardless of whether the injury 109A (involving a minor victim), 110 (except to a minor; occurred while such person was a minor,’’; for sections 2257 and 2257A), or 117 (involving (2) chapter 109A of title 18, United States and a minor victim), as a part of a series of fel- Code, involving a victim who is a minor; (C) by striking ‘‘such minor’’ and inserting ony violations constituting three or more (3) chapter 109B of title 18, United States ‘‘such person’’; and separate incidents and involving more than Code; (2) in the second sentence— one victim, and commits those offenses in (4) chapter 110 of title 18, United States (A) by striking ‘‘Any minor’’ and inserting concert with three or more other persons.’’. Code; ‘‘Any person’’; and SEC. 702. INCREASED PENALTIES FOR REG- (5) chapter 117 of title 18, United States (B) by striking ‘‘$50,000’’ and inserting ISTERED SEX OFFENDERS. Code involving a victim who is a minor; and ‘‘$150,000’’. (a) OFFENSE.—Chapter 110 of title 18, (6) section 1591 of title 18, United States (c) CONFORMING AMENDMENT.—Section United States Code, is amended by adding at Code. 2255(b) of title 18, United States Code, is the end the following: (b) ADDITIONAL PROSECUTORS.—In fiscal amended by striking ‘‘(b) Any action’’ and year 2007, the Attorney General shall, sub- inserting the following: ‘‘§ 2260A. Penalties for registered sex offend- ject to the availability of appropriations for ‘‘(b) STATUTE OF LIMITATIONS.—Any ac- ers such purposes, increase by not less than 200 tion’’. ‘‘Whoever, being required by Federal or the number of attorneys in United States At- other law to register as a sex offender, com- torneys’ Offices. The additional attorneys SA 4687. Mr. FRIST submitted an mits a felony offense involving a minor shall be assigned to prosecute offenses relat- amendment intended to be proposed by under section 1201, 1466A, 1470, 1591, 2241, 2242, ing to the sexual exploitation of children. 2243, 2244, 2245, 2251, 2251A, 2260, 2421, 2422, him to the bill H.R. 4472, to protect (c) AUTHORIZATION OF APPROPRIATIONS.— 2423, or 2425, shall be sentenced to a term of children from sexual exploitation and There are authorized to be appropriated to violent crime, to prevent child abuse imprisonment of 10 years in addition to the the Department of Justice for fiscal year 2007 imprisonment imposed for the offense under such sums as may be necessary to carry out and child pornography, to promote that provision. The sentence imposed under this section. Internet safety, and to honor the mem- this section shall be consecutive to any sen- ory of Adam Walsh and other child tence imposed for the offense under that pro- SEC. 705. ADDITIONAL COMPUTER-RELATED RE- SOURCES. crime victims; as follows: vision.’’. (a) DEPARTMENT OF JUSTICE RESOURCES.— Amend the title to read as follows: ‘‘To (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 110 of In fiscal year 2007, the Attorney General protect children from sexual exploitation title 18, United States Code, is amended by shall, subject to the availability of appro- and violent crime, to prevent child abuse and adding at the end the following new item: priations for such purposes, increase by not child pornography, to promote Internet safe- less than 30 the number of computer forensic ty, and to honor the memory of Adam Walsh ‘‘2260A. Increased penalties for registered sex examiners within the Regional Computer Fo- and other child crime victims.’’. offenders.’’. rensic Laboratories (RCFL). The additional SEC. 703. DECEPTION BY EMBEDDED WORDS OR computer forensic examiners shall be dedi- SA 4688. Mr. LUGAR submitted an IMAGES. cated to investigating crimes involving the amendment intended to be proposed by (a) IN GENERAL.—Chapter 110 of title 18, sexual exploitation of children and related him to the bill S. 1950, to promote glob- United States Code, is amended by inserting offenses. after section 2252B the following: al energy security through increased (b) DEPARTMENT OF HOMELAND SECURITY cooperation between the United States ‘‘§ 2252C. Misleading words or digital images RESOURCES.—In fiscal year 2007, the Sec- on the Internet retary of Homeland Security shall, subject and India in diversifying sources of en- ‘‘(a) IN GENERAL.—Whoever knowingly em- to the availability of appropriations for such ergy, stimulating development of alter- beds words or digital images into the source purposes, increase by not less than 15 the native fuels, developing and deploying code of a website with the intent to deceive number of computer forensic examiners technologies that promote the clean

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.138 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8090 CONGRESSIONAL RECORD — SENATE July 20, 2006 and efficient use of coal, and improving Agenda cial Committee on Aging be authorized energy efficiency; which was ordered to to meet tomorrow, July 20, 2006, from I. Nominations lie on the table; as follows: 10 a.m.–12 p.m. in Dirksen 106 for the On page 5, line 23, strike ‘‘energy efficiency Kimberly Ann Moore, to be U.S. Cir- purpose of conducting a hearing. projects’’ and insert ‘‘energy efficiency and cuit Judge for the Federal Circuit; The PRESIDING OFFICER. Without renewable energy projects and tech- Frances M. Tydingco-Gatewood, to be objection, it is so ordered. nologies’’. Judge for the District Court of Guam; SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- f Steven G. Bradbury, to be an Assistant AGEMENT, GOVERNMENT INFORMATION, AND INTERNATIONAL SECURITY AUTHORITY FOR COMMITTEES TO Attorney General for the Office of Mr. MCCONNELL. Mr. President, I MEET Legal Counsel; R. Alexander Acosta, to be U.S. Attorney for the Southern Dis- ask unanimous consent that the Com- COMMITTEE ON AGRICULTURE, NUTRITION, AND trict of Florida. mittee on Homeland Security and Gov- FORESTRY ernmental Affairs’ Subcommittee on Mr. MCCONNELL. Mr. President, I II. Bills Federal Financial Management, Gov- ask unanimous consent that the com- S. 2453, National Security Surveil- ernment Information, and Inter- mittee on agriculture, nutrition and lance Act of 2006, Specter; national Security be authorized to forestry be authorized to conduct a S. 2455, Terrorist Surveillance Act of meet on Thursday, July 20, 2006, at 11 hearing during the session of the Sen- 2006, De Wine, Graham a.m. for a briefing on Iran from the ate on Thursday, July 20, 2006 at 10 S. 2468, A bill to provide standing for State Department. a.m. in 328A, Senate Russell Office civil actions for declaratory and in- The PRESIDING OFFICER. Without Building. The purpose of this com- junctive relief to persons who refrain objection, it is so ordered. mittee hearing will be review United from electronic communications SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- States Department of Agriculture through fear of being subject to AGEMENT, GOVERNMENT INFORMATION, AND dairy programs. warrantless electronic surveillance for INTERNATIONAL SECURITY The PRESIDING OFFICER. Without foreign intelligence purposes, and for Mr. MCCONNELL. Mr. President, I objection, it is so ordered. other purposes, Schumer; ask unanimous consent that the Com- COMMITTEE ON ARMED SERVICES S. 3001, Foreign Intelligence Surveil- mittee on Homeland Security and Gov- Mr. MCCONNELL. Mr. President, I lance Improvement and Enhancement ernmental Affairs’ Subcommittee on ask unanimous consent that the Com- Act of 2006, Specter, Feinstein; Federal Financial Management, Gov- mittee on Armed Services be author- S. 2831, Free Flow of Information Act ernment Information, and Inter- ized to meet during the session of the of 2006, Lugar, Specter, Graham, Schu- national Security be authorized to Senate on Thursday, July 20, 2006, at mer, Biden, Grassley; meet on Thursday, July 20, 2006, at 1:30 9:30 a.m., in closed session, to receive a S. 155, Gang Prevention and Effective p.m. for a hearing regarding ‘‘Iran’s classified briefing on overhead imagery Deterrence Act of 2005, Feinstein, Nuclear Impasse: Next Steps’’. systems. Hatch, Grassley, Cornyn, Kyl, Specter; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without S. 2703, Fannie Lou Hamer, Rosa objection, it is so ordered. objection, it is so ordered. Parks, and Coretta Scott King Voting f COMMITTEE ON ENERGY AND NATURAL Rights Act Reauthorization and PRIVILEGES OF THE FLOOR RESOURCES Amendments Act of 2006, Specter, Mr. MCCONNELL. Mr. President, I Leahy, Grassley, Kennedy, De Wine, Mr. KENNEDY. Mr. President, I ask ask unanimous consent that the Com- Feinstein, Brownback, Durbin, Schu- unanimous consent that Bill Yeomans, mittee on Energy and Natural Re- mer, Kohl, Biden, Feingold; my Senate Judiciary counsel, be ac- sources be authorized to meet during S. 1845, Circuit Court of Appeals Re- corded floor privileges for the duration the Session of the Senate on Thursday, structuring and Modernization Act of of the debate on H.R. 9 and any votes July 20, 2006, at 10 a.m. The purpose of 2005, Ensign, Kyl; thereon. this meeting is to consider the nomina- S. 2679, Unsolved Civil Rights Crime The PRESIDING OFFICER. Without tion of John Ray Correll, of Indiana, to Act, Talent, De Wine, Cornyn. objection, it is so ordered. be Director of the Office of Surface Mr. SCHUMER. Mr. President, I ask III. Matters Mine Reclamation and Enforcement, unanimous consent to grant floor privi- Department of the Interior, vice Jeff- Subpoenas Relating to ABA Reports. leges to Tovah Calderon, a detailee ery D. Jarrett. Mark Myers, of Alaska, The PRESIDING OFFICER. Without from the Department of Justice who is to be Director of the United States Ge- objection, it is so ordered. currently serving on my Judiciary ological Survey, Department of the In- COMMITTEE ON VETERANS’ AFFAIRS Committee staff. terior, vice Charles G. Groat, resigned. Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without Drue Pearce, of Alaska, to be Federal ask unanimous consent that the Com- objection, it is so ordered. Mr. FEINGOLD. Mr. President, I ask Coordinator for Alaska Natural Gas mittee on Veterans’ Affairs be author- unanimous consent that Kumar Garg, a Transportation Projects for the term ized to meet during the session of the legal intern with my Judiciary Com- prescribed by law (New position). Senate on Thursday, July 20, 2006, to The PRESIDING OFFICER. Without hold a hearing titled ‘‘VA Data Privacy mittee staff, be accorded floor privi- objection, it is so ordered. Breach: Twenty-Six Million People De- leges during the debate on H.R. 9. The PRESIDING OFFICER. Without COMMITTEE ON FOREIGN RELATIONS serve Assurance of Future Security’’. The hearing will take place in room 418 objection, it is so ordered. Mr. MCCONNELL. Mr. President, I Mr. WYDEN. Mr. President, I ask of the Russell Senate Office Building at ask unanimous consent that the Com- unanimous consent for Emily Katz, a 10 a.m. mittee on Foreign Relations be author- legislative fellow in my office, to have The PRESIDING OFFICER. Without ized to meet during the session of the floor privileges while the Senate con- objection, it is so ordered. Senate on Thursday, July 20, 2006, at siders the Voting Rights Act. 9:30 a.m. to hold a hearing on North SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without Korea. Mr. MCCONNELL. Mr. President, I objection, it is so ordered. The PRESIDING OFFICER. Without ask unanimous consent that the Select Mr. CORNYN. Mr. President, I ask objection, it is so ordered. Committee on Intelligence be author- unanimous consent that a law clerk on COMMITTEE ON THE JUDICIARY ized to meet during the session of the my staff, Brian Hill, be granted floor Mr. MCCONNELL. Mr. President, I Senate on July 20, 2006, at 2:30 p.m. to privileges for the duration of this de- ask unanimous consent that the Com- hold a closed briefing. bate. mittee on the Judiciary be authorized The PRESIDING OFFICER. without The PRESIDING OFFICER. Without to meet to conduct a markup on Thurs- objection, it is so ordered. objection, it is so ordered. day, July 20, 2006, at 9:30 a.m in the SPECIAL COMMITTEE ON AGING Mr. HATCH. I ask unanimous consent Dirksen Senate Office Building Room Mr. MCCONNELL. Mr. President, I that the privilege of the floor be grant- 226. ask unanimous consent that the Spe- ed today and tomorrow for Dr. Vance

VerDate Aug 31 2005 05:01 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\CR\FM\A20JY6.120 S20JYPT1 ccoleman on PROD1PC71 with SENATE July 20, 2006 CONGRESSIONAL RECORD — SENATE S8091 Randall, a legislative fellow for edu- Whereas regardless of one’s opinion of the S. 2690 cation policy serving on my staff. Nation’s military commitments, the fami- Be it enacted by the Senate and House of Rep- The PRESIDING OFFICER. Without lies, friends, and communities of the Na- resentatives of the United States of America in objection, it is so ordered. tion’s fallen soldiers deserve a peaceful time Congress assembled, of mourning and should not be harassed and SECTION 1. HARRY J. PARRISH POST OFFICE. f caused further suffering at a funeral; (a) DESIGNATION.—The facility of the Whereas Patriot Guard Riders appear at a APPOINTMENT United States Postal Service located at 8801 funeral only at the invitation of the fallen Sudley Road, Manassas, Virginia, shall be The PRESIDING OFFICER. The soldier’s family and participate in a non- known and designated as the ‘‘Harry J. Par- Chair, on behalf of the President pro violent, legal manner; and rish Post Office’’. tempore, pursuant to Public Law 99– Whereas the members of the Nation’s (b) REFERENCES.—Any reference in a law, ´ Armed Forces willingly risk their lives to 498, section 591c(2), reappoints Rene A. map, regulation, document, paper, or other protect the American way of life and the Drouin of New Hampshire, to the Advi- record of the United States to the facility re- freedoms guaranteed by the Constitution: sory Committee on Student Financial ferred to in subsection (a) shall be deemed to Now, therefore, be it Assistance for a three-year term. be a reference to the Harry J. Parrish Post Resolved, That the Senate expresses its Office. f deepest appreciation to the Patriot Guard COMMENDING THE PATRIOT Riders who— f GUARD RIDERS (1) attend military funerals across the country to show respect for fallen members RICHARD L. CEVOLI POST OFFICE Mr. FRIST. Mr. President, I ask of the Armed Forces and, when needed, The bill (S. 3187) to designate the unanimous consent that the Judiciary shield mourning family members and friends Post Office located at 5755 Post Road, Committee be discharged from further of the deceased from protestors who inter- East Greenwich, RI, as the ‘‘Richard L. consideration of S. Res. 535 and the rupt, or threaten to interrupt, the dignity of a funeral; and Cevoli Post Office,’’ was considered, or- Senate then proceed to its consider- dered to be engrossed for a third read- ation. (2) in so doing, help to preserve the mem- ory and honor of the Nation’s fallen heroes. ing, read the third time, and passed, as The PRESIDING OFFICER. Without follows. objection, it is so ordered. The clerk f S. 3187 will report the resolution by title. CORRECTING THE ENROLLMENT The legislative clerk read as follows: Be it enacted by the Senate and House of Rep- OF S. 3693 resentatives of the United States of America in A resolution (S. Res. 535) commending the Congress assembled, Patriot Guard Riders for shielding mourning Mr. FRIST. Mr. President, I ask military families from protesters and pre- unanimous consent that the Senate SECTION 1. RICHARD L. CEVOLI POST OFFICE. serving the memory of fallen service mem- now proceed to the consideration of S. (a) DESIGNATION.—The post office located bers at funerals. Con. Res. 112 which was submitted ear- at 5755 Post Road, East Greenwich, Rhode Is- There being no objection, the Senate lier today, that the resolution be land, shall be known and designated as the ‘‘Richard L. Cevoli Post Office’’. agreed to, and the motion to reconsider proceeded to consider the resolution. (b) REFERENCES.—Any reference in a law, Mr. FRIST. Mr. President, I ask be laid upon the table. map, regulation, document, paper, or other unanimous consent that the resolution The PRESIDING OFFICER. Without record of the United States to the post office be agreed to, the preamble be agreed objection, it is so ordered. referred to in subsection (a) shall be deemed to, the motion to reconsider be laid The concurrent resolution (S. Con. to be a reference to the Richard L. Cevoli upon the table, and that any state- Res. 112) was agreed to, as follows: Post Office. ments relating to the resolution be S. CON. RES. 112 f printed in the RECORD, without further Resolved by the Senate (the House of Rep- PAUL KASTEN POST OFFICE intervening action or debate. resentatives concurring), That in the enroll- The PRESIDING OFFICER. Without ment of the bill, S. 3693, the Secretary of BUILDING objection, it is so ordered. the Senate shall insert ‘‘or reentries’’ after The bill (H.R. 2977) to designate the The resolution (S. Res. 535) was ‘‘States, reentry’’ in section facility of the United States Postal agreed to. 212(a)(9)(C)(iii)(II) of the Immigration and Service located at 306 2nd Avenue in The preamble was agreed to. Nationality Act, as added by section Brockway, Montana, as the ‘‘Paul Kas- 6(b)(1)(C) of the bill. The resolution, with its preamble, ten Post Office Building,’’ was consid- reads as follows: f ered, read the third time, and passed. S. RES. 535 THE CALENDAR f Whereas in 2005, a small group of American Legion Riders in Kansas calling themselves Mr. FRIST. Mr. President, I ask DR. JOSE CELSO BARBOSA POST the ‘‘Patriot Guard’’ began a movement to unanimous consent that the Senate OFFICE BUILDING shield the families and friends of fallen serv- proceed to the immediate consider- ice members from interruptions by pro- ation of the following bills: Calendar The bill (H.R. 3440) to designate the testers appearing at military funerals; No. 481, Calendar No. 483 through Cal- facility of the United States Postal Whereas individuals from Colorado, Okla- endar No. 494, all postal naming bills, Service located at 100 Avenida RL homa, and Texas later brought together di- en bloc. Rodriguez in Bayamon, Puerto Rico, as verse groups of motorcycle organizations the ‘‘Dr. Jose Celso Barbosa Post Office across the country who rode to honor fallen There being no objection, the Senate proceeded to consider the bills, en bloc. Building,’’ was considered, read the service members, forming an organization third time, and passed. known as the ‘‘Patriot Guard Riders’’; Mr. FRIST. Mr. President, I ask Whereas the Patriot Guard Riders have unanimous consent that the bills be f since grown into a nationwide network, in- read a third time and passed and the WILLIAM F. CLINGER, JR. POST cluding both veterans and nonveterans and motions to reconsider be laid upon the OFFICE BUILDING riders and nonriders, and is open to anyone table en bloc. who shares a respect for service members The PRESIDING OFFICER. Without The bill (H.R. 3549) to designate the who have made the ultimate sacrifice for the facility of the United States Postal Nation; objection, it is so ordered. Whereas Patriot Guard Riders attend mili- f Service located at 210 West 3rd Avenue tary funerals to show respect for fallen serv- in Warren, Pennsylvania, as the ‘‘Wil- ice members and to shield mourning family HARRY J. PARRISH POST OFFICE liam F. Clinger, Jr. Post Office Build- members and friends of the deceased from The bill (S. 2690) to designate the fa- ing,’’ was considered, read the third protestors who interrupt, or threaten to in- cility of the United States Postal Serv- time, and passed. terrupt, the dignity of the event; ice located at 8801 Sudley Road in Ma- f Whereas across the Nation, Patriot Guard nassas, Virginia, as the ‘‘Harry J. Par- Riders volunteer their time to come to the rish Post Office,’’ was considered, or- GERARD A. FIORENZA POST aid of military families in need, so as to OFFICE BUILDING allow the memories of the deceased service dered to be engrossed for a third read- member to be remembered with honor and ing, read the third time, and passed, as The bill (H.R. 3934) to designate the dignity; follows: facility of the United States Postal

VerDate Aug 31 2005 07:24 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\CR\FM\G20JY6.079 S20JYPT1 ccoleman on PROD1PC71 with SENATE S8092 CONGRESSIONAL RECORD — SENATE July 20, 2006 Service located at 80 Killian Road in Service located at 7 Columbus Avenue PROGRAM Massapequa, New York, as the ‘‘Gerard in Tuckahoe, New York, as the ‘‘Ron- Mr. FRIST. Mr. President, today has A. Fiorenza Post Office Building,’’ was ald Bucca Post Office,’’ was considered, been a busy and productive day in the considered, read the third time, and read the third time, and passed. Senate—quite a historic day in many passed. f ways. We passed the Voting Rights Act, f significant legislation on which we had MATTHEW LYON POST OFFICE very good debate and discussion over STATE SENATOR VERDA WELCOME BUILDING the course of the day. It is a bill that AND DR. HENRY WELCOME POST has been passed by the House of Rep- OFFICE BUILDING The bill (H.R. 5245) to designate the facility of the United States Postal resentatives last week and was passed The bill (H.R. 4108) to designate the Service located at 1 Marble Street in through our Judiciary Committee yes- facility of the United States Postal Fair Haven, Vermont, as the ‘‘Matthew terday, came to the floor today, and Service located at 3000 Homewood Ave- Lyon Post Office Building,’’ was con- passed a few moments ago. nue in Baltimore, Maryland, as the sidered, read the third time, and We confirmed four of the President’s ‘‘State Senator Verda Welcome and Dr. passed. judicial nominations and about an hour Henry Welcome Post Office Building,’’ ago we passed the Adam Walsh bill, a f was considered, read the third time, bill that establishes a national sex of- and passed. TO DESIGNATE THE FACILITY OF fender registry that toughens penalties f THE UNITED STATES POSTAL for crimes against children that di- SERVICE LOCATED AT 170 EAST rectly, and in a tough fashion, combats HATTIE CARAWAY STATION MAIN STREET IN PATCHOGUE, Internet predators and child pornog- The bill (H.R. 4456) to designate the NEW YORK, AS THE ‘‘LIEUTEN- raphy and child exploitation, that pre- facility of the United States Postal ANT MICHAEL P. MURPHY POST vents abuse. I mentioned in my re- Service located at 2404 Race Street in OFFICE BUILDING’’ marks a few moments ago, four chil- Jonesboro, Arkansas, as the ‘‘Hattie Mr. FRIST. Mr. President, I ask dren die as a result of child abuse every Caraway Station,’’ was considered, unanimous consent the Homeland and day, and although a lot of States do read the third time, and passed. Government Affairs Committee be dis- have registries, this information is not f charged from further consideration of shared with other States. H.R. 4101 and that the Senate proceed I am delighted we were able to create FRANCISCO ‘‘PANCHO’’ MEDRANO to its consideration. this national child abuse registry POST OFFICE BUILDING The PRESIDING OFFICER. Without which, indeed, will make such a dif- The bill (H.R. 4561) to designate the objection, it is so ordered. The clerk ference in people’s lives. facility of the United States Postal will report the bill by title. As I mentioned earlier, also, we will Service located at 8624 Ferguson Road The legislative clerk read as follows: not have any votes during tomorrow’s session. We are working on some fur- in Dallas, Texas, as the ‘‘Francisco A bill (H.R. 4101) to designate the facility ‘Pancho’ Medrano Post Office Build- of the United States Postal Service located ther agreements for tomorrow’s ses- ing,’’ was considered, read the third at 170 East Main Street in Patchogue, New sion, and on Friday I will have an up- time, and passed. York, as the ‘‘Lieutenant Michael P. Murphy date as to the schedule for Monday and Post Office Building.’’ Tuesday. f There being no objection, the Senate MAYOR JOHN THOMPSON ‘‘TOM’’ proceeded to consider the bill. f GARRISON MEMORIAL POST OF- Mr. FRIST. I ask unanimous consent FICE the bill be read a third time and passed MEASURE READ THE FIRST The bill (H.R. 4688) to designate the and the motion to reconsider be laid on TIME—S. 3711 facility of the United States Postal the table. Mr. FRIST. Mr. President, I under- Service located at 1 Boyden Street in The PRESIDING OFFICER. Without stand there is a bill at the desk. I ask Badin, North Carolina, as the ‘‘Mayor objection, it is so ordered. for its first reading. John Thompson ‘Tom’ Garrison Memo- The bill (H.R. 4101) was ordered to a The PRESIDING OFFICER. The rial Post Office,’’ was considered, read third reading, was read the third time, clerk will please report the title of the the third time, and passed. and passed. bill for the first time. f f The assistant legislative clerk read as follows: H. GORDON PAYROW POST OFFICE ORDERS FOR FRIDAY, JULY 21, 2006 BUILDING A bill (S. 3711) to enhance the energy inde- Mr. FRIST. Mr. President, I ask pendence and security of the United States The bill (H.R. 4786) to designate the unanimous consent that when the Sen- by providing for exploration, development facility of the United States Postal ate completes its business today, it and production activities for mineral re- Service located at 535 Wood Street in stand in adjournment until 9:30 a.m. on sources in the Gulf of Mexico, and for other Bethlehem, Pennsylvania, as the ‘‘H. Friday, July 21. I further ask that fol- purposes. Gordon Payrow Post Office Building,’’ lowing the prayer and pledge, the Mr. FRIST. I now ask for a second was considered, read the third time, morning hour be deemed expired, the reading and in order to place the bill and passed. Journal of proceedings be approved to on the calendar under the provisions of f date, the time for the two leaders be rule XIV, I object to my own request. reserved, and the Senate proceed to S. The PRESIDING OFFICER. Objec- RONALD BUCCA POST OFFICE 403, the Child Custody Protection Act. tion is heard. The bill will receive its The bill (H.R. 4995) to designate the The PRESIDING OFFICER. Without second reading on the next legislative facility of the United States Postal objection, it is so ordered. day.

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TRIBUTE TO THE PAST AND CUR- 1,660,132 hundredweight of refined sugar. I remain committed to a peace process for RENT MEMBERS OF THE COMMU- The payroll for fiscal year 2005 in Fort Morgan Israel’s security and for the future of the Mid- NITY THAT HAVE MADE THE was $5,325,349 for 90 year-round workers dle East. Unfortunately, that peace process SUGAR PLANT IN FORT MORGAN, and approximately 98 seasonal workers. and the relative calm that has been the reality CO, A SUCCESS Throughout the years there have been 21 in the region in recent months were violently other sugar factories under various companies attacked at dawn on June 25th when a Hamas HON. MARILYN N. MUSGRAVE in Colorado. Today, there is one remaining— terror cell infiltrated Israel through a tunnel, OF COLORADO the Fort Morgan plant. Many changes have murdered two Israeli soldiers, and kidnapped IN THE HOUSE OF REPRESENTATIVES taken place during the past 100 years, how- 19 year old Corporal Gilad Shalit. The oper- ever, the sugar factory remains an integral ation was praised by the Hamas government. Thursday, July 20, 2006 part of the agricultural and business commu- This came after Israel had fully withdrawn Mrs. MUSGRAVE. Mr. Speaker, I rise today nities. I am proud to honor the Great Western from Gaza in September 2005, a move that to pay tribute to the past and current members Sugar Cooperative and the Fort Morgan Sugar offered the Palestinian people the opportunity of the community that have made the Sugar Plant for 100 years of successful sugar pro- to begin the development of their future inde- Plant in Fort Morgan, CO, a success. They duction and the positive impact it has had on pendent state. are now observing the plant’s Centennial families and communities in northeast Colo- Then on July 12th, the Iran and Syria-sup- Celebration. For 100 years the sugar plant has rado. ported Hezbollah terrorist organization crossed significantly impacted the economy of north- f the internationally recognized border between eastern Colorado. Lebanon and Israel under a barrage of rocket Sugar beets became a major crop in the CONGRATULATING ISRAEL’S and missile salvos, initially killing two Israeli Fort Morgan area in 1905. People in the com- MAGEN DAVID ADOM SOCIETY soldiers and kidnapping two more. From posi- munity realized the potential impact of the tions in Lebanon, Hezbollah launched dozens SPEECH OF sugar industry and began a drive to get a of rockets laden with ball bearings indiscrimi- sugar factory constructed. A contract for con- HON. RAHM EMANUEL nately at civilian communities in Israel. Israel struction was made with the provision that OF ILLINOIS fully withdrew from Lebanon in May of the area farmers would agree to raise 1,500 acres IN THE HOUSE OF REPRESENTATIVES year 2000. Last week’s attack was so egre- of beets the first year, increasing to 3,500 gious that it prompted the leaders of Arab Tuesday, July 18, 2006 acres the following years. states, such as Saudi Arabia, Egypt, and Jor- On August 31, 1905, the last day to contract Mr. EMANUEL. Mr. Speaker, I rise today in dan to condemn Hezbollah’s act of vicious ter- the required beet acres, the committee was strong support of H. Con. Res. 435, congratu- rorism. short 1,500 acres. Fort Morgan Mayor lating the Magen David Adorn Society on its The premeditated, coordinated, and Farnsworth issued a proclamation for all busi- admission as a full member into the Inter- unprovoked terrorist attacks on Israel, from ness places to close from 2–2:30 p.m. so the national Red Cross and Red Crescent Move- territory that Israel voluntarily conceded in an entire community could focus their efforts to ment. effort to promote peace and regional security, ensure a successful campaign. The first beets The Magen David Adom Society has a long are absolutely indefensible. Hamas and were sliced on December 26, 1906. The cam- and distinguished history of providing humani- Hezbollah bear direct responsibility for this paign lasted 55 days and 17,000 tons of beets tarian assistance. Founded in 1930, this re- current conflict. were sliced. Lack of adequate water was a markable organization has provided first aid Hezbollah receives military, financial and handicap in the early days, but in 1912 a well and disaster assistance to all of those in need, political support from Iran and Syria, with system and pumping plant was provided at the and has functioned as Israel’s National Red Tehran providing the terrorist group with an South Platte River to end the trouble. Cross Society for over half a century. estimated $100 million annually. Regular The establishment of the sugar plant had Primarily a volunteer organization, the MDA weapons shipments including Katyusha rock- several economic advantages for the area. provides aid to nearly 600,000 Israeli citizens ets, new long-range ballistic missiles, Chinese- The value of the land was increased, irrigated each year and supplies 98% of Israel’s do- made anti-ship missiles, mortars, anti-tank acreage jumped from $40/acre to $200–250/ mestic blood services. The MDA has also missiles, mines, explosives and small arms acre. Cattle feeding started in the area that been deeply involved in providing assistance are sent to Hezbollah from Tehran through used beet tops and beet pulp, giving year to international crises including the recent Damascus. round employment to hired hands who had flooding in Romania and the aftermath of the Iran and Syria have provided Hezbollah with previously been out of work during the winter Southeast Asian Tsunami. more than 10,000 rockets, including shorter- months. The first beet crop brought Mr. Speaker, I applaud the ICRC’s decision range Katyushas and more sophisticated $1,000,000 in cash into the county and the to include the Magen David Adom Society on longer-range weapons, which the terrorist population of the county grew during that year its membership and commend the MDA on its group is now firing at major Israeli population by nearly 2,500. continuing contributions to the welfare of so centers across northern Israel and beyond. In The Tate & Lyle company acquired 6 oper- many. fact, on July 14th, Hezbollah used a Silkworm ating plants from the Great Western Sugar f cruise missile to attack an Israeli ship, killing Company in 1985 and 1986, including the Fort four sailors and yesterday, rockets slammed Morgan Plant. In the late 1990s Tate & Lyle CONDEMNING THE RECENT AT- into a Christian-Arab neighborhood of Naza- decided to sell their sugar holdings in the TACKS AGAINST THE STATE OF reth, a city respected by people of all faiths United States. The growers in the four state ISRAEL around the world. area decided that if they were going to keep Both Syrian President Bashar Assad and SPEECH OF the sugar beet industry they would have to be- Iranian President Mahmoud Ahmadinejad come owners themselves. The Western Sugar HON. JANICE D. SCHAKOWSKY have met with Hezbollah Secretary General Cooperative was formed when over 1,000 indi- OF ILLINOIS Hassan Nasrallah in the past year to reaffirm viduals stepped forward and invested their IN THE HOUSE OF REPRESENTATIVES their ties to the terrorist group. Ahmadinejad trust and dollars into the purchase of the promised to continue to support Hezbollah’s Western Sugar Company. After a number of Wednesday, July 19, 2006 struggle against the ‘‘enemies of Islam.’’ false starts and many frustrating months, the Ms. SCHAKOWSKY. Madam Speaker, as a Israeli and American officials believe purchase was closed on April 30, 2002. Jew, as someone who loves Israel, and as a Hezbollah would not have attacked Israel with- The 2006 campaign saw 745,169 tons of member of Congress, I stand in solidarity with out a green light from its patrons in Damascus beets sliced in 139 days, producing a net the people of Israel. and Tehran, and the leaders of both countries

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

VerDate Aug 31 2005 05:41 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.001 E20JYPT1 hmoore on PROD1PC68 with HMREMARKS E1468 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2006 have subsequently expressed strong support CONDEMNING THE RECENT AT- sion into Israel, Prime Minister Ehud Olmert for the attacks on Israel. TACKS AGAINST THE STATE OF said, ‘‘I want to make clear that the event this The United States Congress has already ISRAEL morning is not a terror act, but an act of a sovereign state that attacked Israel without enacted several laws, including the Syria Ac- SPEECH OF reason.’’ This statement explicitly attributes to countability and Lebanese Sovereignty Res- HON. BETTY McCOLLUM the Lebanese Republic the responsibility for toration Act, and the Iran and Libya Sanctions this aggression against Israel, not Hezbollah. Act, all of which call for the imposition of sanc- OF MINNESOTA IN THE HOUSE OF REPRESENTATIVES This is of concern since there has been no tions on Syria and Iran for, among other evidence put forth that the nascent govern- things, their support for terrorism and terrorist Wednesday, July 19, 2006 ment of Lebanese Prime Minister Faud Siniora organizations. We must insist that President Ms. MCCOLLUM of Minnesota. Madam has any knowledge of or sanctioned Bush bring the full force of political, diplomatic, Speaker, today the world watches with sad- Hezbollah’s terrorist act. and economic sanctions available to the Gov- ness and grave concern as the Middle East is Lebanon is being bombed, ripped apart, in ernment of the United States against the Gov- at war, civilians are being killed and maimed, response to Hezbollah’s terrorism. This stra- ernments of Syria and Iran. and the possibility of a region-wide conflict tegic response may offer short-term security Sadly and frighteningly, Hezbollah remains grows by the day. People around the world for Israel, but it also has the very real potential off the European Union’s (EU) terrorist list. watch this violence and ask what are the of transforming Lebanon into a radicalized, This means that European nationals continue world’s leaders doing to stop the killing, to end failed state. How will Lebanon recover politi- to provide Hezbollah with material support to the bloodshed? We hear tough words, satellite cally and economically when this war ends? It television diplomacy, accusations and ex- this day. President Bush and Secretary of is inconceivable that when the bombing stops cuses, but no action or urgency to end the vio- there will suddenly be an international out- State Rice must make an immediate push with lence. With this type of global response we pouring of generous donors willing support to our European allies to have Hezbollah added can all be tragically assured that our tele- spend billions of dollars to rebuild Lebanon’s to the EU terrorist list. visions will continue to show the horror, de- destroyed infrastructure, re-invest in its evapo- Israel has the responsibility to defend its citi- struction and the suffering faces of innocents rated economy, and salvage its threatened de- zens and cannot be expected to tolerate the in Israel and Lebanon for some time to come. mocracy. It is much more likely that a new violent provocations Hamas and Hezbollah I extend my prayers and heartfelt sympathy generation will be radicalized by the loss of committed this month. And while I am con- to the citizens of Israel and Lebanon who are hope in the future. At this moment, the pros- vinced that Israel is using every possible effort suffering and grieving. Allow me to also ex- pect of a land bridge—a terrorist highway—of to avoid civilian casualties, it has become tend my sympathies to Canada which also failed states and rogue nations stretching from clear that the terrorists in Hamas and had citizens tragically killed in this conflict. In the Mediterranean Sea to the Persian Gulf is Hezbollah stage their actions from within civil- light of so many civilian deaths and destruc- a scenario that has emerged and poses a ian communities, thereby intentionally putting tion of infrastructure, it would be my hope and major threat to global security. civilians at risk. Israel must do what is nec- desire that the international community, led by I am disturbed at the diplomatic impotence essary to defend itself while continuing to the United States, would immediately start the of the Bush administration as it plays the role make every effort to avoid civilian casualties. difficult work of brokering a cessation to the of a spectator watching this war escalate and killing and the start of a process to resolve this the death-toll mount. United Nations Secretary As the New York Times stated: ‘‘Kidnapping conflict through diplomacy rather than rockets General Kofi Annan is correct and to be com- Israeli soldiers to use as bargaining chips for and bombs. This is essential to allow the thou- mended for moving forward quickly to marshal the release of Arab prisoners is horrible be- sands of U.S. citizens to be safely evacuated international support to negotiate an imme- havior for groups that claim international rec- out of Lebanon, as well as to prevent a much diate cease fire. I believe President Bush ognition and political legitimacy, as Hamas larger regional conflict from starting. should join him in working to make a cease and Hezbollah do. The same applies to lob- The entire world knows that Hezbollah, a fire a reality. Furthermore, I strongly agree bing rockets over Israel’s borders in the hope terrorist organization, has provoked this con- with Mr. Annan’s call for a significant multi- that they might kill unsuspecting civilians.’’ flict by illegally entering the sovereign territory national force in Lebanon to secure the border It is long past due for the international com- of Israel on the border with Lebanon, abduct- with Israel, eliminate Hezbollah’s military ca- munity to implement fully UN Security Council ing two Israeli soldiers and killing eight more. pacity, and help to establish the presence of Resolution 1559, adopted in September 2004, Today, this House rightly condemns this act whatever Lebanese army remains to enforce which calls for the Lebanese army to secure and Hezbollah’s on-going acts of terror with UN Security Council Resolution 1559. southern Lebanon’s border and for Hezbollah the passage of H. Res. 921. Of course there are many voices here in the to be disarmed and disbanded. Lebanon can- The United States has a profound national United States that oppose diplomacy and are not be free and democratic so long as interest in the security of Israel. The right of comfortably dismissive of the death, destruc- Hezbollah continues to operate as a state Israel and all sovereign nations to be secure tion and long-term consequences of this war. and defend themselves from acts of violence within a state, complete with its own army. Today, an editorial in the Washington Post and terror is clearly defined in international dismisses diplomacy by saying, ‘‘If Secretary Regarding the Palestinians, the peace proc- law. The action of Hezbollah to enter Israel on of State Condoleezza Rice makes the mistake ess will continue to be under attack until July 12, 2006 and commit acts of kidnapping of visiting Damascus, Mr. Assad will roll out Hamas denounces its violent charter, rejects and terror demands a focused military re- the red carpet; then he will offer to stop the terrorism, and recognizes Israel’s right to exist sponse that sends a clear message that ter- rocket and missile fire against Israel by and decides it is more important to build a rorism will not be tolerated. The firing of rock- Hezbollah and Hamas, on Syria’s terms. The Palestinian state than destroy the Jewish ets into Haifa and other Israeli cities and result will be to restore Damascus’s influence State. I encourage Israeli leaders to maintain towns with the intent of killing and harming in- in Lebanon and destroy the new independent, a dialogue with moderates within the Pales- nocent civilians requires a firm, focused and democratic government in Beirut—which has tinian Authority in order to keep hope of a two- proportional response against Hezbollah. far more to fear from such a deal than from state solution in the near future alive. Yet, today, after a week of open warfare, Israel’s cratering of its airport runways and But in the meantime, the United States must there is the on-going destruction of civilian in- bridges.’’ This ‘‘let them fight’’ sycophancy stand by its friend and ally, Israel, and the frastructure in both Haifa and Beirut and more from the comfort of a safe office in the U.S. than 300 dead in Lebanon and at least 25 Bush Administration must actively engage rather than a bombed out apartment or office dead in Israel, overwhelmingly innocent civil- itself in seeking a resolution to this situation. building in Beirut ignores the obvious—Leb- ians on both sides. In the near term, there is As a first step to restoring calm, the kidnapped anon’s democracy is being destroyed and it is no prospect of security for Israeli or Lebanese a country on a path to becoming a failed state, Israeli soldiers in Gaza and Lebanon must be civilians, only more death, destruction, fear as well as a haven for terrorists for years to returned unconditionally and unharmed, and and suffering on both sides. It is time for the come, unless the international community in- the indiscriminate rocket attacks on Israeli ci- international community to change this hope- tervenes to change the current equation and vilians by Hamas and Hezbollah must end im- less dynamic and immediately start to work to establishes a guarantee of security for civil- mediately. end this war using diplomatic power before it ians. I strongly encourage all of my colleagues to escalates and spreads throughout the entire It is important to remember that on April 18, support H. Res. 921. Middle East. On the day of Hezbollah’s incur- 2006, President Bush appeared at a White

VerDate Aug 31 2005 05:41 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.004 E20JYPT1 hmoore on PROD1PC68 with HMREMARKS July 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1469 House with Lebanon’s Prime Minister Siniora He notified somewhere between 75 and 175 STEM CELL RESEARCH ENHANCE- and said, ‘‘There’s no question in my mind people, saving them from the 20-foot wall of MENT ACT OF 2005—VETO MES- that Lebanon can serve as a great example of water that came rushing down the canyon, SAGE FROM THE PRESIDENT OF what is possible in the broader Middle East; sweeping away roads, cars, and buildings in THE UNITED STATES (H. DOC. that out of tough times the country has been its path. Conley’s wife was able to get to high- NO. 109–127) through will rise a state that shows that it’s er ground, but he was not. As the wall of possible for people of religious differences to water came sweeping toward him he climbed SPEECH OF live side-by-side in peace; to show that it’s a telephone pole in a desperate attempt to get HON. JANICE D. SCHAKOWSKY possible for people to put aside past histories above the water, but the pole was swept away OF ILLINOIS to live together in a way that the people want, and Officer Conley lost his life. Along with Offi- IN THE HOUSE OF REPRESENTATIVES which is, therefore, to be peace and hope and cer Conley, 143 people lost their lives in the Wednesday, July 19, 2006 opportunity.’’ devastating flood. Three months later Prime Minister Siniora’s At the time, the Estes Park Police Depart- Ms. SCHAKOWSKY. Mr. Speaker, I stand nation is a war zone, Israel is under attack ment had no formal way of honoring officers today in strong support of a veto override for daily from Hezbollah rockets, and the United who lost their lives in acts of such honor. H.R. 810, the Stem Cell Research Enhance- States is content with waiting for the outcome However, on the 30th anniversary of the flood, ment Act. It is clear that a majority of Ameri- of a conflict which threatens our vital security and his heroic efforts to save the lives of cans and a bipartisan majority in Congress interests. It is shocking, sad and disturbing those in danger, he will be honored with a strongly support embryonic stem cell research turn of events. medal of valor. Today I stand to honor his because it could prove to be critical for some Today we pass H. Res. 921 and recommit selfless act of heroism. ‘‘Greater love hath no 128 million Americans who suffer from juvenile our support for Israel as it is under attack from man than this, that a man lay down his life for diabetes, Parkinson’s, Alzheimer’s, cancer, a terrorist organization. Our prayers are with his friends’’—John 15:13. Officer Conley did heart disease, spinal cord injury, cerebral the families in Israel that want security, peace so for mere strangers and I pay tribute to his palsy, and other diseases. and hope. At the same time, my prayers are valiant act as we remember the legacy of one Stem cell research is essential for the future with the people of Lebanon who reject terror of the worst natural disasters in the history of of medicine in America; one that should be al- and have rebuilt their country over the past Colorado. lowed to transcend political lines so that crit- decade after years of civil war. Israeli cities ical gains can be made to save millions of and towns are being terrorized by Hezbollah f human lives. One such life is that of my con- rockets that should be targeted and destroyed, stituent, 24-year-old Bishoy Abo-Saif. In his but I do not believe the massive attacks CONDEMNING THE RECENT AT- letter to me, Bishoy described his daily strug- launched against civilian targets in Lebanon TACKS AGAINST THE STATE OF gle with cerebral palsy. He has been to Can- are justified. ISRAEL ada, the United Kingdom, Hungary, Poland The U.S. has an obligation to stand with our and the Ukraine looking for alternative thera- ally as well as advance our vital interests in SPEECH OF pies for his disease. Nothing has worked. the region—security for Israel and the survival Even though he has accomplished academic of Lebanon. Defending these interests is com- HON. RAHM EMANUEL goals, he still feels he is on the sidelines. As plicated and extraordinarily difficult because OF ILLINOIS he stated to me, ‘‘the wheelchair is always in Israel is not secure and Lebanon may not sur- IN THE HOUSE OF REPRESENTATIVES the way.’’ However, he said that, ‘‘stem cell vive. Unfortunately, the Bush administration Wednesday, July 19, 2006 treatment is the only hope to overcome his has chosen the path of apathy, not diplomatic condition.’’ action. It is absolutely essential that the U.S. Mr. EMANUEL. Madam Speaker, during Most scientists agree that embryonic stem engage the rgion, hold terrorists accountable, these troubled times it is more important than cell research offers the greatest hope to peo- and mobilize the Arab world, along with our ever for the United States to express its firm ple like Bishoy. America has always been on European allies, to end the terrorist attacks on commitment to the State of Israel. the cutting edge of new innovation and now Israel while providing Lebanon with the sup- Since the very beginning of its existence, we stand on the brink of groundbreaking med- port and resources needed to survive and ex- Israel has been a vital ally of the United ical advancements that would dramatically cise Hezbollah. To do anything less in the up- States, enjoying a strategic partnership based alter the lives of people such as Bishoy. We coming days allows the possibility for an esca- on shared democratic values, friendship, and must not prohibit this promising research. lation into a global security and economic respect. But the opponents of this measure have put nightmare that will bring this Middle East war The State of Israel was established as a forward disingenuous arguments that fly in the home to America. sovereign and independent nation 58 years face of widely accepted scientific research and f ago, and it continues to be a strong friend of proven potential. They wrongly portray the de- the United States and a beacon of democracy cision on funding for additional stem cell re- TRIBUTE TO MICHEL CONLEY in the Middle East. Our democracy must stand search as a choice between one life or an- by democratic governments such as Israel as other. In fact, we are choosing between dis- HON. MARILYN N. MUSGRAVE their existence is threatened by the forces of posing of embryonic stem cells or using those OF COLORADO totalitarianism and extremism. cells to save countless lives and advance life- IN THE HOUSE OF REPRESENTATIVES The people of Israel have worked tirelessly saving science in previously unrealized ways. Thursday, July 20, 2006 to live in peace with their neighbors in the It is incomprehensible that anyone would allow Mrs. MUSGRAVE. Mr. Speaker, I rise today Middle East, and I commend them for their ef- politics and personal preference to trump hard to pay tribute to the memory of Officer Michel forts. Unfortunately, that fragile peace has facts and science. And, like the overwhelming Conley of the Estes Park Police Department. been shattered by the acts of terrorists bent majority of Americans, I am deeply dis- On July 31, 1976, Officer Conley and his on death and destruction, and Israel must be appointed and dismayed over President wife Phyllis were driving up the Big Thompson allowed to defend itself against these attacks. Bush’s decision to issue his first veto on this Canyon. Throughout that afternoon and Today a multitude of my fellow Chicagoans bill, dashing the hopes so many families who evening, 14 inches of rain would fall in just will join in a rally at the Federal Plaza to ex- are battling critical illnesses have pinned on over 4 hours time during a tremendous thun- press their solidarity with the State of Israel. I the promising potential of stem cell research. derstorm. The rain had brought a large boul- commend these citizens and the organizers of President Bush acted to snuff out the hopes der down the canyon, obstructing the road the rally, including the Jewish Federation of of millions of Americans only to please a small where it came to rest. Chicago. I also commend the Jewish United right-wing constituency which has politicized Conley stopped and headed to a nearby Fund for its financial contributions to help this medical issue. Once again, the Bush ad- lodge to alert State patrol of the obstruction. move children and refugees out of the north- ministration has put politics before science By this time the rain was heavy and the can- ern region until this conflict is resolved. sadly taking hope and health away from yon was in danger. Conley, though off duty, Madam Speaker, I wish peace and pros- countless families. We should not delay or acted with the bravery and sense of public perity to return to the region for all of its peo- deny the potentially lifesaving research offered service with which he served as a police offi- ple. But a just and lasting peace can only be by stem cell technology. Bishoy and millions of cer and began to alert residents and visitors in achieved with an end to terrorism. We stand other Americans are counting on us. As the canyon, telling them to get to high ground. with the State of Israel in that fight. Bishoy stated in his letter, ‘‘our hopes and

VerDate Aug 31 2005 05:41 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.007 E20JYPT1 hmoore on PROD1PC68 with HMREMARKS E1470 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2006 dreams are in your hands, please do not shat- PROPOSED FEDERAL LOAN TO tions and demand protections and account- ter them. Allow me and others to regain what THE DAKOTA, MINNESOTA AND ability. It is not Congress’ role to be the lender we have lost.’’ EASTERN RAILROAD of last resort for high risk, private sector boon- I urge my colleagues to vote ‘‘yes’’ on the doggles. This is all the more true considering veto override to H.R. 810. HON. BETTY McCOLLUM the threat the DM&E project poses to Min- OF MINNESOTA nesota. PARK RIDGE, IL, The proposed DM&E line would send doz- July 17, 2006. IN THE HOUSE OF REPRESENTATIVES ens of mile-long coal trains through the heart DEAR CONGRESSWOMAN SCHAKOWSKY: My Thursday, July 20, 2006 of Rochester, Minnesota every day. Any threat name is Bishoy Abo-Saif. I am 24 years old. Ms. MCCOLLUM of Minnesota. Mr. Speak- to Rochester’s continued growth is a serious Currently I am studying for my Master’s de- er, I rise today to call attention to an unprece- concern for Minnesota since it is one of the gree in Social Work, at Dominican Univer- dented federal loan that is fraught with risk, sity, in River Forest, Illinois. However, I feel fastest growing cities in the state and an an- that I live in two completely different would enrich a private company at public ex- chor of Minnesota’s high-tech economy. Roch- worlds. These two worlds could not be fur- pense and threatens the people of my state, ester is best known as the home of the re- ther apart. Since birth I have had severe Minnesota, as well as one of our state’s most nowned Mayo Clinic. The Mayo Clinic is one physical limitations caused by a condition treasured institutions—the Mayo Clinic. of the world’s premier medical centers, an called Cerebral Palsy. I am one of the lucky The Dakota, Minnesota and Eastern Rail- economic engine for Minnesota and a health few who is not affected cognitively by this road, DM&E, is seeking a massive federal care asset for our entire country. This week’s devastating condition. government-sponsored loan of $2.5 billion US News & World Report ‘‘Best Hospital I am writing to you today to implore you through the Railroad Rehabilitation and Im- Issue’’ celebrates Mayo’s success, ranking the to support H.R. 810, for this piece of legisla- provement Program to expand rail infrastruc- Clinic among the country’s top medical facili- tion is vital to millions of people who are af- ture in order to transport coal from fields of ties for treating illnesses ranging from cancer flicted with my condition and other neuro- Wyoming’s Powder River Basin. To sell this to kidney disease. logical disorders. Since I was diagnosed, at 9 taxpayer-financed scheme to Congress and The 95,000 residents of Rochester expect months of age, my parents’ mission was to residents along the proposed line, the railroad the trains to tie up traffic and cause daily help me lead a normal life. Unfortunately, is making big promises. But go beyond the headaches for local business owners. Mayo the many doctors we visited painted a very promises and a troubling picture emerges— bleak picture. A picture, which had no light Clinic doctors and researchers anticipate the at the end of the tunnel. One doctor after the one stained with questionable accounting, du- trains will create an environment hostile and other kept telling my parents that I would bious ethics and the threat of real harm for incompatible with the work of a world-class never walk. Cerebral Palsy is a condition Minnesota communities and institutions. medical facility that relies on sensitive medical that affects people in different ways. It As a Member of Congress, I am strongly equipment and conducts delicate scientific ranges from severe to mild. Despite the years opposed to asking taxpayers to provide an un- testing. In addition to impacts on the commu- spent in physical and occupational therapies, secured $2.5 billion loan to the DM&E, a com- nity’s long-term economic prosperity and qual- the progress is always minimal at best, much pany that an established, independent firm, ity of life, the railroad expansion also raises to the dismay of the patients and their fami- Bearing Point, found to be ‘‘a poor credit risk.’’ imminent safety concerns. lies. Bearing Point’s assessment of the railroad The DM&E’s proposed expansion would an- In our efforts to beat the odds, we kept concluded: ‘‘DM&E currently appears to be a nually direct thousands of trains through looking for alternative treatments outside thinly-capitalized, low-volume railroad,’’ whose downtown Rochester at a speed of 50 miles the U.S. We went to Canada, the United ‘‘asset acquisitions were funded largely by an hour. Several of Rochester’s downtown rail Kingdom, Hungary, Poland and Ukraine. The government loans and subsidies.’’ Mr. Speak- crossings are only hundreds of yards away success of these treatments was very lim- er, I have attached a description and summary from the Mayo Clinic. A derailment or haz- ited. Many were not covered by our insur- ance and the trips were arduous. of the Bearing Point analysis for the RECORD. ardous materials spill at any of these locations A recent report from the federal Office of would be disastrous for local residents and To this end, H.R. 810 holds the key to Management and Budget shows the stakes for Mayo’s vulnerable patient population. unlock the chains that trap me and others in taxpayers are high since the federal govern- In fact, the DM&E has one of the worst rail- my condition from experiencing life as it ment—U.S. taxpayers—would be responsible road safety records in America. In the past 6 should be experienced. Ever since I was a child, I could not experience activities which for covering all losses if DM&E defaults on the years, 17 people have been killed and 93 peo- other children take for granted. I never knew loan. Still, the railroad and their powerful ple have been injured in 227 DM&E accidents how it feels like to run or jump, or hit a ball. friends in Congress who have greased the at public and private rail crossings. In 2004, Even now despite the fact that I have ac- wheels for this scheme show no hesitation in the DM&E reported train accidents at a rate complished academic goals, I still feel that I taking taxpayers for a ride and offer no assur- over 13 times higher than the national aver- am on the sidelines, so to speak. The wheel- ances that $2.5 billion of our tax dollars will be age, and one of these accidents created a chair is always in the way. paid back. hazardous material spill that forced the evacu- Stem Cell treatment is the only hope to Our nation is spending hundreds of billions ation of 100 citizens in my home state. The overcome this condition. Doctors have made of dollars to fight wars in Iraq and Afghanistan Federal Railroad Administration itself an- great strides with animal experiments in the while federal budget deficits are adding tril- nounced as recently as October 2005 that lab. It has been proven that Stem Cells have lions of dollars of debt on the backs of our DM&E has ‘‘serious safety problems.’’ I urge the ability to regenerate the damaged cells children. Yet some of my colleagues in Con- the Federal Railroad Administration to take in the brain. gress appear eager to gamble unprecedented into account this dreadful safety record and Stem Cell treatment is the catalyst for public funds on a risky railroad scheme that the risk to Minnesota residents this proposed great progress in the field of medicine. It is will profit politically connected business execu- expansion poses. the answer to many unsolved medical condi- tives and leave hard working taxpayers with all Wrapping a profit driven scheme in the thin tions. This Congress has the opportunity to the risk. This is bad public policy and it is bad veneer of public good, the DM&E and its sup- make history by voting for H.R. 810, which business. The proposed $2.5 billion, no-collat- porters in Congress are pushing a bad deal will make a real tangible difference in the eral loan is more than all the loans ever grant- for Minnesota and imposing a financial risk lives of the millions for whom Stem Cell ed by the Federal Railroad Administration upon America’s taxpayers that is irresponsible treatment is the only answer. People will be able to takes steps, regain function of their combined. In fact, this loan would be one of and unjustifiable. The Federal government legs, hands, and affected parts of the brain the largest ever granted by the federal govern- does need to make major new investments in will regenerate. People will become whole. ment to any private company. transportation infrastructure, but investments Our hopes and dreams are in your hands; Why does the DM&E need to seek this consistent with our national goals and in a please do not shatter them. Allow me and massive federal support? Could it be that pri- transparent process that allows Congress to others to regain what we have lost. vate sector investors who have a fiduciary re- conduct necessary oversight and stewardship H.R. 810 is an imperative piece of legisla- sponsibility to invest soundly know a boon- of scarce tax dollars. Public dollars should tion which will change my life and the lives doggle when they see one? Unfortunately, it support taxpayer priorities, not the whims of of millions of other people like me. appears the DM&E has been far more suc- one company and their patrons in Congress. Thank you. cessful in attracting Members of Congress As is too often the case today, Congress has Yours truly, who seem willing to ignore their responsibility had no opportunity for oversight, no oppor- BISHOY ABO-SAIF. to the American people to ask the tough ques- tunity to ask hard questions of the DM&E and

VerDate Aug 31 2005 05:46 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.010 E20JYPT1 hmoore on PROD1PC68 with HMREMARKS July 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1471 protect taxpayers from one corporation’s of its loan application, then FRA must re- national community must be fully diplomati- sweetheart deal that smells worse by the day. quire collateral in the form of a Credit Risk cally engaged in ending the terror and vio- This $2.5 billion loan to the DM&E should not Premium (CRP). Under current law, this lence suffered in the region. My thoughts and CRP must now be based on DM&E’s potential prayers are with the innocent Israelis, Pal- be allowed take place and taxpayers in Min- ‘‘going concern value.’’ Based on this ap- nesota and across the United States should proach, we have determined that FRA should estinians, Lebanese and foreign nationals who be outraged at this pork barrel corporate wel- set a CRP of approximately $1.4 billion which are all in harm’s way. fare giveaway. represents 57% on the loan amount. I condemn this new escalation of violence LETTER OF PRESENTATION—MAY 8, 2006 To the extent that our information or as- and the terrorist attacks on Israel. I join my This purpose of this report is to inform sumptions are dated or at variance with colleagues in standing with our ally Israel dur- Members of Congress, the Department of DM&E’s financial statements, internal pro- ing this time of struggle. I call on the terrorist Transportation, the Federal Railroad Admin- jections or the contents of its loan applica- groups to release their hostages and turn istration (‘‘FRA’’), and others of issues sur- tion, we welcome the opportunity to review away from the path of violence. I pray for last- rounding the $2,500,000,000 loan application of those financial statements. ing peace and mutual security and prosperity We note that the DM&E’s submissions to the Dakota Minnesota & Eastern Railroad for all who suffer through this terrible conflict. Corporation (‘‘DM&E’’) under the Railroad the STB were public documents. While the f Rehabilitation and Improvement Financing FRA is allowed to keep application data pri- (‘‘RRIF’’) program. vate, it is not required to do so. Like the FANNIE LOU HAMER, ROSA The broader purpose of the RRIF program STB, the FRA could disclose this informa- tion to lawyers and independent consultants PARKS, AND CORETTA SCOTT is the improvement and expansion of the na- KING VOTING RIGHTS ACT REAU- tion’s railroad system. Nevertheless, the pro- under a protective order. This is by far the gram is organized as government loans, not largest FRA loan of its kind, suggesting that THORIZATION AND AMENDMENTS government grants. Therefore, borrowers the FRA may want to reexamine its non- ACT OF 2006 must exhibit the ability to repay the loan. disclosure policy. SPEECH OF In its RRIF loan review capacity, the FRA We believe that citizens whose taxpayer is charged with responsibility for assessing dollars may be at risk have the right to in- ´ form the FRA of concerns regarding DM&E’s HON. NYDIA M. VELAZQUEZ applications. Each loan application must be OF NEW YORK approved on its own merits, taking into con- $2,500,000,000 loan application. Only with IN THE HOUSE OF REPRESENTATIVES sideration (among other things) the credit- transparency of the loan application and ap- worthiness of the borrower. proval process can the integrity of a fair and Thursday, July 13, 2006 honest system be assured. DM&E has filed an application for a The House in Committee of the Whole $2,500,000,000 FRA loan. Based upon our re- f House on the State of the Union had under view, we have serious concerns about the CONDEMNING THE RECENT AT- consideration the bill (H.R. 9) to amend the ability of DM&E to repay such a loan. We be- Voting Rights Act of 1965: TACKS AGAINST THE STATE OF lieve that the applicant may not meet the ´ minimum requirements for the approval of ISRAEL Ms. VELAZQUEZ. Mr. Chairman, I rise such a loan. today in support of the reauthorization of the Based on the limited available data, DM&E SPEECH OF provisions of this important civil rights law, the appears to be an undercapitalized and finan- Voting Rights Act. The origins of this law are cially precarious company. However, because HON. MICHAEL H. MICHAUD the truest reflection of our Nation’s struggle DM&E is a private company with little fi- OF MAINE and aspiration to build a better country for all nancial disclosure, we are limited in our IN THE HOUSE OF REPRESENTATIVES of its citizens. We have made great advances. ability to fully assess the company’s finan- This does not mean that we have overcome. cial strength or weakness. As a result, no Wednesday, July 19, 2006 concerned citizen has adequate information We still need to make great strides in our road Mr. MICHAUD. Madam Speaker, I rise toward building a more perfect union. to fully assess DM&E’s FRA loan applica- today in support of H. Res. 921. tion. The Voting Rights Act was necessary in the The nondisclosure of the DM&E financial We must fully and clearly condemn the at- 1960’s because for over 100 years, in certain data has been rationalized by the competi- tacks on sovereign, undisputed Israeli territory parts of our country, millions of U.S. citizens tive nature of the information contained as the terrorist attacks that they are. The June had their right to vote limited or denied just therein, on the belief that disclosure of even 25th murders and kidnapping carried out by because of the color of their skin. Those were rudimentary financial information would Hamas are an act of war. The July 12th mur- not our country’s proudest years. compromise the company’s ability to com- ders and kidnappings carried out by Hezbollah Is the Voting Rights Act important today? pete in the railroad industry. However, many are an act of war. As a sovereign state, Israel Yes. The problems in our country that led to railroad companies are publicly held, fully has the right to defend itself and its citizens disclosing detailed financial information the enactment of this law are not in the distant without compromising their competitive- from these attacks. past. Our work is not done. Our country still ness. Hezbollah must immediately stop its attacks struggles to find the path of equality and ‘‘The We believe that the primary risk to DM&E on innocent Israelis. All provisions of United Fannie Lou Hamer, Rosa Parks, and Coretta of disclosure of its financial status may not Nations Resolution 1559 calling for the com- Scott King Voting Rights Act Reauthorization be the loss of any competitive advantages, plete withdrawal of all foreign forces from Leb- Act’’ is still needed to keep us on the right and rather the disclosure of its financial weak- anon and the dismantlement of all inde- just path in our country’s historic democratic nesses and unsuitability for the RRTF loan. pendent militias in Lebanon must be fully im- experiment. Given the available public information plemented. Iran and Syria must end their concerning DM&E’s plans, supplemented I celebrate the great accomplishments of the with the expertise of consultants in the rail- proxy war with Israel at the expense of the Civil Rights Movement and the political leader- road industry, we have endeavored to con- Lebanese, Israeli, and Palestinian people. ship of the time that led to the enactment of struct a reasonable facsimile of what we be- Israel has the right to defend itself from the Civil Rights Legislation and the crowning lieve to be DM&E’s current economic reali- these most recent criminal attacks, but I be- achievement, the Voting Rights Act. The im- ties and to forecast the results of the pro- lieve Israel must show restraint and limit civil- portance of this law can be seen in every posed Powder River Basin project assuming ian casualties as it struggles to end the threat election where minorities have the right to extension of the FRA loan. posed by the terrorist organization elect people that truly stand for their interests; Our financial projections and assessments utilize dated materials from DM&E’s Surface Hezbollah—an organization which is respon- every time someone is able to mark a ballot Transportation Board (‘‘STB’’) application of sible for more American deaths in recent dec- with instructions in a language that he or she 1998, as well as more recent information, ades than any other group except Al Qaeda. can understand; and every time unfair elec- taking into account the fact that costs, mar- The Lebanese government must be able in tions conditions are corrected to be just and kets, and industry financial conditions have the future to provide security within its own fair for all citizens. Mr. Speaker, this law is changed materially since that date. We have country and return to the path of peace and needed because there are still acts of discrimi- updated these projections based on the com- mutual security. That is the path of hope. nation taking place. We still need the Voting prehensive knowledge provided by railroad We all look toward the day when a secure Rights Act. industry consultants, G. W. Fauth & Associ- ates, Inc., and Gerald E. Vaninetti. Israel can live in peace with its neighbors, in- Now, I know there are those who believe If the FRA believes that it should dis- cluding a sovereign democratic and peaceful this is a political party issue. But this is not a regard the economics associated with Palestinian state. If we are ever going to reach Democrat or Republican partisan issue—this DM&E’s proposed project and that non-finan- that goal, a goal shared by a majority of the is an American issue and this bill has bipar- cial, public policy reasons require approval world, then the United States and the inter- tisan support.

VerDate Aug 31 2005 05:41 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A20JY8.014 E20JYPT1 hmoore on PROD1PC68 with HMREMARKS E1472 CONGRESSIONAL RECORD — Extensions of Remarks July 20, 2006 I urge you to show your support for pro- by poverty, hopelessness and humiliation. We these attacks. Since its inception, Hezbollah tecting the right of all Americans to vote. Vote cannot eliminate terrorism simply by sup- has received active support from Iran and in favor of this historic reauthorization and pressing terrorists. We must also lift up the so- Syria, which provide the terrorist group with an vote against all the amendments presented cieties and groups upon which terrorists rely estimated $100 million annually. Iran has also today. The only true aim of these amendments for their recruitment. actively helped fund Hamas which has also is to weaken this bill and weaken our country’s And third, when confronting terrorists, every claimed some responsibility for the democratic values. effort must be made to protect the civilians kidnappings that precipitated this turmoil. f around them and prevent destruction to civil- Iran’s leaders proudly declare that ‘‘Israel ian communities. We cannot win the battle of should be wiped off the map.’’ CONDEMNING THE RECENT AT- ideas and prevail in the fight against extre- I urge the nations of the Middle East to join TACKS AGAINST THE STATE OF mism if the people we are trying to lift up are with the State of Israel in condemning the hor- ISRAEL reduced to living in rubble. rific actions of these evil terrorists and in pro- Madam Speaker, the bible recounts many SPEECH OF moting real peace and stability for all people miracles performed by God. And miracles of the region. HON. RUSH D. HOLT seemingly have helped Israel flourish since its I wish the Israeli people safety and security OF NEW JERSEY independence. As the first Prime Minister and pray for a quick resolution in these trou- IN THE HOUSE OF REPRESENTATIVES David Ben Gurion once said, ‘‘in Israel, in bling times. Wednesday, July 19, 2006 order to be a realist you must believe in mir- acles.’’ I still strongly believe in the dream that f Mr. HOLT. Madam Speaker, I rise today in has become the wonderful reality of Israel. strong support of H. Res. 921, which con- I urge my colleagues to support Israel and STEM CELL RESEARCH ENHANCE- demns the recent attacks against the State of to support this important resolution. MENT ACT OF 2005—VETO MES- Israel and supports her right to defend herself. f SAGE FROM THE PRESIDENT OF The United States has no closer ally in the THE UNITED STATES (H. DOC. Middle East and, at this difficult and troubling CONDEMNING THE RECENT AT- NO. 109–127) time, it is essential that the United States TACKS AGAINST THE STATE OF ISRAEL maintain its steadfast commitment to Israel SPEECH OF and all her people. Today, my thoughts and prayers are with SPEECH OF HON. CAROLYN C. KILPATRICK Israel, her brave citizens, the captured sol- HON. SCOTT GARRETT OF MICHIGAN diers, and all the innocent people on both OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES sides of the border with Lebanon and the IN THE HOUSE OF REPRESENTATIVES Gaza Strip. It is important that America sup- Wednesday, July 19, 2006 Wednesday, July 19, 2006 ports Israel as she defends herself against the Ms. KILPATRICK of Michigan. Mr. Speaker, deadly and destructive acts of terrorists. Mr. GARRETT of New Jersey. Madam I rise today to support the veto override of Those who committed these heinous attacks Speaker, I rise today with full and strong sup- H.R. 810, the Stem Cell Research Enhance- must know that they will not succeed in de- port of H. Res. 921 and stand by our good ment Act. This bipartisan legislation would ex- stroying the State of Israel, nor will they dimin- friend Israel. Israel is once again under attack pand Federal funding for embryonic stem cell ish the spirit of the Israeli people. from ruthless regimes residing within the bor- research. Each day brings more rocket attacks from ders of their Arab neighbors. The House approved this bill last year and Hezbollah that target innocent civilians in At this very moment, Israel is engaged in it won U.S. Senate approval yesterday. How- northern Israel. These attacks must be defensive measures against the terrorist orga- ever, despite the measure passing both stopped, and to do so Israel has the right to nizations Hezbollah and Hamas in response to Chambers of Congress, the President has ve- go after the Hezbollah terrorists who launch their recent indefensible actions. These fanat- toed the legislation, the first of his presidency. them from southern Lebanon with the assist- ical fringe associations have engaged in kid- I am disappointed the President chose this bill ance of Syria and Iran. napping and murdering Israeli soldiers and to be his first veto. Despite the commitment and good faith ef- have sent over a thousand rockets into civilian forts made by Israel to build a lasting peace Israeli neighborhoods. It is these terrorist The American Medical Association and 92 in the Middle East, the terrorist organizations groups that threaten peace in the Middle East other organizations, including scientists and Hamas and Hezbollah engaged in unprovoked and security for both Israeli and Arab peace- researchers support H.R. 810. Federal funding attacks on Israel and kidnapped three of her loving peoples. would enable further research to examine soldiers. Israel withdrew from the Gaza Strip, The actions taken by Israel are simply an many new lines of stem cells—increasing the but Hamas responded with violence. Israel effort to rescue their kidnapped citizens as potential for cures. Each year 8,000 to 10,000 withdrew from southern Lebanon, but well as take out as many of the 14,000 embryos created for in-vitro fertilization are de- Hezbollah responded with terrorism. These Katyusha rockets controlled by Hezbollah and stroyed. H.R. 810 would allow federally funded terrorist organizations are killing innocent the unknown number of Qassam rockets con- research of stem cells, which scientists believe Israelis despite every attempt to demonstrate trolled by Hamas already aimed at Israel. In can yield cures for diseases and injuries, to be their genuine commitment to peace. taking action against Hamas and Hezbollah, harvested from surplus frozen embryos that I hope that this crisis ends soon. In fact, I Israel is exercising their unquestionable right are stored at fertility clinics and slated for de- think it would be beneficial if the United States to self-defense against unprovoked attacks on struction. helped to arrange a cease fire, but Israel will its sovereign territory by terrorist groups. Human embryonic stem cells are prized be- and should maintain control of her own secu- Israel exercised great restraint in not re- cause they can replicate themselves and be- rity. The experience of the last weeks reaf- sponding to the four separate rocket attacks come almost any type of human tissue. We all firms the right of nations to defend themselves on its people over the past year. Since Israel’s know someone who can benefit from the re- against acts of terrorism, especially by organi- handover of Gaza, the terrorists there have search. Science should prevail over politics. zations that are part of sovereign govern- used that territory to launch more than 1,000 President Bush’s veto is standing in the way ments. But there are other lessons for those rocket attacks in the past 6 months alone. of hope and progress in curing many diseases who do not live in the Middle East. They act now because they must. such as diabetes, Parkinson’s disease, Alz- First, when there are opportunities to sup- Hezbollah is not only a significant aggressor heimer’s disease, Lou Gehrig’s disease, some port moderate governments, we must do so. and threat to Israel, but has also been a cancers, and spinal cord injuries. This veto Part of the reason Hezbollah is still in south sworn enemy of the United States. Before 9/ has ignored our country’s healthcare needs Lebanon is because it is backed by Iran and 11, it had killed more Americans than any and has slowed the potential to eradicate life Syria, while the government of Lebanon was other terror group. It was in 1983 that threatening and chronic diseases. left without similar strong backing from the Hezbollah killed 257 Americans when they The President did not make the right choice. international community, including the United bombed the U.S. Embassy and U.S. Marine This critical life-saving bill is greatly needed. I States. barracks in Beirut. urge my colleagues to support the veto over- Second, we must also remember the fact Perhaps the most troubling scenario in all of ride and reaffirm Congress’ support of life-sav- that extremism incubates in societies ravaged this is who is actually pulling the strings in ing medical research.

VerDate Aug 31 2005 05:41 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A20JY8.020 E20JYPT1 hmoore on PROD1PC68 with HMREMARKS July 20, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E1473 PLEDGE PROTECTION ACT OF 2005 Lenear, dedicated husband, father, grand- of Hezbollah, the organization still operates as father and friend, whose brilliant legacy as a an armed force in Lebanon threatening the SPEECH OF journalist has served to elevate the lives of all stability of the region and freedom throughout HON. RON KIND who knew him and his work. the world. In fact, prior to September 11, OF WISCONSIN Mr. Lenear’s convictions, framed by integrity 2001, Hezbollah was responsible for more IN THE HOUSE OF REPRESENTATIVES and wisdom, consistently graced the pages of American deaths due to terrorism than any Cleveland’s oldest and Ohio’s most respected Wednesday, July 19, 2006 other organization. This organization continu- African-American newspaper, the Call & Post. ously fires rockets into Israel, and on July 12 The House in Committee of the Whole During his decades-long career as a news- conducted an unprovoked attack into Israel, House on the State of the Union had under paperman, his unwavering focus and commit- consideration the bill (H.R. 2389) to amend killing at least three soldiers and kidnapping title 28, United States Code, with respect to ment to our African-American community’s two. the jurisdiction of Federal courts over cer- struggle for civil rights and equal opportunity tain cases and controversies involving the for all helped shape public policy throughout It is without question that Israel is exercising Pledge of Allegiance: the State of Ohio. its inherent right of self-defense by taking ac- Mr. KIND. Mr. Chairman, I am a strong sup- As an objective and conscientious journalist, tion against Hezbollah. Israel’s military actions porter of the Pledge of Allegiance. I believe Mr. Lenear developed strong ties with local, appear appropriate to prevent the further re- ‘‘under God’’ should be in the Pledge of the county, State and Federal government offi- moval of the two kidnapped soldiers into Syria Allegiance. But what I cannot support today is cials. Mr. Lenear’s sense of compassion for or Iran. It is clear that Hezbollah is supported legislation that basically tells the third branch those in need reflected in his numerous volun- by direct financial, military, and political aid of our government, go home, no thanks, we teer efforts and leadership, which included from Syria and Iran, and Hezbollah also re- don’t need you anymore. providing tangible assistance through neigh- ceives important support from sources within Judicial review has been a part of our de- borhood programs designed to help pave a Lebanon. In fact, Iranian Revolutionary Guards mocracy in this constitutional government for way for individuals to rise above the cycle of continue to operate in southern Lebanon, pro- over 200 years. And now with the fancy lan- poverty and despair. viding support to Hezbollah and reportedly guage embodied in this legislation and other Mr. Speaker and colleagues, please join me controlling its operational activities. pieces of legislation that have been pending, in honor and remembrance of Mr. John Henry Lenear, whose life and legacy served to bring Congress has already enacted several laws, they are trying to disrupt that delicate balance including the Syria Accountability and Leba- of power, the checks and balances that exist critical issues into the rational light of day and whose deep sense of humanity will continue nese Sovereignty Restoration Act of 2003, and that allow the Federal courts from time to time the Iran and Libya Sanctions Act of 1996 to take a look at the work that we are doing on in raising our own individual and collective humanity. I offer my deepest condolences to which call for the imposition of sanctions on in the Congress to see whether or not we are Syria and Iran for, among other things, their complying with the highest law of the land, the his entire family and to his many friends. John support for terrorism and terrorist organiza- United States Constitution. That is what judi- Henry Lenear lived his life with energy and tions. cial review is all about. joy, and the memories of his affable nature What is so ironic about today’s debate is and kind heart will forever light the hearts of Israel is and will continue to be one of our that the courts have already weighed in and all who knew and loved him well, and will for- greatest allies. Some examples of their co- said that the Pledge is okay; ‘‘under God’’ is ever shine throughout Cleveland, OH and far operation include Israeli produced Unmanned okay. So what are we doing here when we beyond. Aerial Vehicles, UAV, that have been used by have anemic economic job growth in this f the United States military to identify targets, country, rising health care costs, and tuition CONDEMNING THE RECENT AT- survey damage caused by bombs, and pro- that is placing college out of the reach of stu- TACKS AGAINST THE STATE OF vide air support for United States soldiers. The dents? We can do better by the American ISRAEL United States military is also currently using people. Bradley Reactive Armor Tiles, BRAT, originally f SPEECH OF designed by the Israeli military. One hundred United States Bradley vehicles, which were in- IN HONOR AND REMEMBRANCE OF HON. HENRY BONILLA stalled with BRAT, overcame direct anti-armor JOHN HENRY LENEAR OF TEXAS fire and repelled each attack successfully in IN THE HOUSE OF REPRESENTATIVES Iraq. Most importantly, however, Israel is HON. DENNIS J. KUCINICH Wednesday, July 19, 2006 among our strongest allies in the global war OF OHIO Mr. BONILLA. Madam Speaker, I rise today on terror. No free nation can allow this IN THE HOUSE OF REPRESENTATIVES to express my solidarity with the State of scourge to continue to grow and spread un- Thursday, July 20, 2006 Israel in its ongoing struggle against terrorist checked. The brave and proud people of Mr. KUCINICH. Mr. Speaker, I rise today in organizations such as Hezbollah. Despite U.N. Israel are standing up to terror and we must honor and remembrance of Mr. John Henry Resolution 1559 which demands the disarming stand with them.

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HIGHLIGHTS Senate passed H.R. 9, Voting Rights Reauthorization Act. Senate passed H.R. 4472, Adam Walsh Child Safety and Protection Act. House committees ordered reported 8 sundry measures. Senate Walsh and other child crime victims, after agreeing Chamber Action to the following amendments proposed thereto: Routine Proceedings, pages S7949–S8093 Pages S8012–31 Measures Introduced: Sixteen bills and four resolu- Hatch Amendment No. 4686, in the nature of a tions were introduced, as follows: S. 3696–3711, S. substitute. Page S8012 Res. 536–537, and S. Con. Res. 111–112. Frist Amendment No. 4687, to amend the title. Page S8049 Page S8031 Measures Reported: Commending the Patriot Guard Riders: Com- H.R. 5385, making appropriations for the mili- mittee on the Judiciary was discharged from further tary quality of life functions of the Department of consideration of S. Res. 535, commending the Pa- Defense, military construction, the Department of triot Guard Riders for shielding mourning military Veterans Affairs, and related agencies for the fiscal families from protesters and preserving the memory year ending September 30, 2007, with an amend- of fallen service members at funerals, and the resolu- ment in the nature of a substitute. (S. Rept. No. tion was then agreed to. Page S8091 109–286) Enrollment Correction: Senate agreed to S. Con. S. 3708, making appropriations for the Depart- Res. 112, relating to correcting a clerical error in the ments of Labor, Health and Human Services, and enrollment of S. 3693. Page S8091 Education, and related agencies for the fiscal year Harry J. Parrish Post Office: Senate passed S. ending September 30, 2007. (S. Rept. No. 109–287) 2690, to designate the facility of the United States S. 3709, to exempt from certain requirements of Postal Service located at 8801 Sudley Road in Ma- the Atomic Energy Act of 1954 United States ex- nassas, Virginia, as the ‘‘Harry J. Parrish Post Of- ports of nuclear materials, equipment, and tech- fice’’. Page S8091 nology to India, and to implement the United States Richard L. Cevoli Post Office: Senate passed S. Additional Protocol. (S. Rept. No. 109–288) 3187, to designate the Post Office located at 5755 Page S8048 Post Road, East Greenwich, Rhode Island, as the Measures Passed: ‘‘Richard L. Cevoli Post Office’’. Page S8091 Voting Rights Reauthorization Act: By a unani- Paul Kasten Post Office Building: Senate passed mous vote of 98 yeas (Vote No. 212), Senate passed H.R. 2977, to designate the facility of the United H.R. 9, to amend the Voting Rights Act of 1965, States Postal Service located at 306 2nd Avenue in clearing the measure for the President. Brockway, Montana, as the ‘‘Paul Kasten Post Office Pages S7949–S8012 Building’’, clearing the measure for the President. Adam Walsh Child Safety and Protection Act: Page S8091 Senate passed H.R. 4472, to protect children from Dr. Jose Celso Barbosa Post Office Building: sexual exploitation and violent crime, to prevent Senate passed H.R. 3440, to designate the facility of child abuse and child pornography, to promote the United States Postal Service located at 100 Internet safety, and to honor the memory of Adam Avenida RL Rodriguez in Bayamon, Puerto Rico, as D808

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Authorities for Committees to Meet: Page S8090 OVERHEAD IMAGERY SYSTEMS Privileges of the Floor: Pages S8090–91 Committee on Armed Services: Committee met in closed Record Votes: One record vote was taken today. session to receive a briefing regarding overhead im- (Total—212) Page S8012 agery systems, from Kenneth Johnson and Andrew Johnson, each a Professional Staff Member, U.S. Sen- Adjournment: Senate convened at 9:30 a.m., and ate Select Committee on Intelligence; Stephen A. adjourned at 8 p.m., until 9:30 a.m., on Friday, Cambone, Under Secretary of Defense for Intel- July 21, 2006. (For Senate’s program, see the re- ligence; John Gass, National Air and Space Intel- marks of the Majority Leader in today’s Record on ligence Center, Wright-Patterson Air Force Base, page S8092.) Dayton, Ohio; and Mary Margaret Graham, Deputy Director of National Intelligence for Collection. Committee Meetings NOMINATIONS (Committees not listed did not meet) Committee on Armed Services: Committee ordered favor- DAIRY PROGRAMS ably reported the nominations of Charles E. McQueary, of North Carolina, to be Director of Committee on Agriculture, Nutrition, and Forestry: Com- Operational Test and Evaluation, Department of De- mittee held a hearing to examine Department of Ag- fense, Sue C. Payton, of Virginia, to be an Assistant riculture dairy programs, focusing on the structural Secretary of the Air Force for Acquisition, and 823 reforms occurring in the dairy industry, the eco- nominations in the Army, Navy, Air Force, and Ma- nomic outlook for milk and dairy products, and fed- rine Corps. eral milk marketing orders, receiving testimony from Joseph Glauber, Deputy Chief Economist, Depart- NOMINATIONS ment of Agriculture; Charles Beckendorf, Tomball, Committee on Energy and Natural Resources: Committee Texas, on behalf of the National Milk Producers concluded a hearing to examine the nominations of Federation; Jim Green, Kemps, LLC, St. Paul, Min- John Ray Correll, of Indiana, to be Director of the nesota, on behalf of the International Dairy Foods Office of Surface Mining Reclamation and Enforce- Association; Ken Hall, Terreton, Idaho, on behalf of ment, and Mark Myers, of Alaska, to be Director of the Idaho Dairymen’s Association; and Leon the United States Geological Survey, who was intro- Berthiaume, St. Albans Cooperative Creamery, Inc., duced by Senators Stevens and Murkowski, both of St. Albans, Vermont. the Department of the Interior, and Drue Pearce, of Hearing recessed subject to the call. Alaska, to be Federal Coordinator for Alaska Natural BUSINESS MEETING Gas Transportation Projects, Federal Energy Regu- Committee on Appropriations: Committee ordered favor- latory Commission, who was introduced by Senators ably reported the following bills: Stevens and Murkowski, after the nominees testified H.R. 5631, making appropriations for the Depart- and answered questions in their own behalf. ment of Defense for the fiscal year ending September NORTH KOREA 30, 2007, with an amendment in the nature of a substitute; Committee on Foreign Relations: Committee concluded An original bill (S. 3708) making appropriations a hearing to examine U.S. policy options regarding for the Departments of Labor, Health and Human North Korea, including the U.S. response to the July Services, and Education, and Related Agencies for missile launches and the ongoing dialogue with the fiscal year ending September 30, 2007; China, after receiving testimony from Christopher R. H.R. 5385, making appropriations for the mili- Hill, Assistant Secretary of State for East Asian and tary quality of life functions of the Department of Pacific Affairs; and Arnold Kanter, The Scowcroft Defense, military construction, the Department of Group, and Morton Abramowitz, The Century Foun- Veterans Affairs, and related agencies for the fiscal dation, both of Washington, D.C. year ending September 30, 2007, with an amend- ment in the nature of a substitute; IRAN H.R. 5576, making appropriations for the Depart- Committee on Homeland Security and Governmental Af- ments of Transportation, Treasury, and Housing and fairs: Subcommittee on Federal Financial Manage- Urban Development, the Judiciary, District of Co- ment, Government Information, and International lumbia, and independent agencies for the fiscal year Security met in closed session to receive a briefing ending September 30, 2007, with an amendment in regarding Iran from officials of the Department of the nature of a substitute. State.

VerDate Aug 31 2005 05:36 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JY6.REC D20JYPT1 hmoore on PROD1PC68 with HMDIGEST July 20, 2006 CONGRESSIONAL RECORD — DAILY DIGEST D811 IRAN James Nicholson, Secretary, and George J. Opfer, In- Committee on Homeland Security and Governmental Af- spector General, both of the Department of Veterans fairs: Subcommittee on Federal Financial Manage- Affairs, who were accompanied by several of their as- ment, Government Information, and International sociates. Security concluded a hearing to examine Iran’s nu- INTELLIGENCE clear impasse, focusing on the status of Iran’s nuclear Select Committee on Intelligence: Committee met in weapons capabilities, European negotiations and the closed session to receive a briefing on certain intel- U.N. Security Council, and the feasibility of further ligence matters from officials of the intelligence negotiations, democracy promotion, sanctions, and/or community. military operations, after receiving testimony from Amir Abbas Fakhravar, Independent Student Move- GENERIC DRUGS ment, Ilan Berman, American Foreign Policy Coun- Special Committee on Aging: Committee concluded a cil, Michael A. Ledeen, American Enterprise Insti- hearing to examine the generic drug maze relating tute, Ray Takeyh, Council on Foreign Relations, all to access to affordable, life-saving drugs, focusing on of Washington, D.C.; and Jim Walsh, Massachusetts the efforts to expedite the approval of generic drug Institute of Technology, Cambridge. products, after receiving testimony from Gary Buehler, Director, Office of Generic Drugs, Center VA DATA PRIVACY BREACH for Drug Evaluation and Research, Food and Drug Committee on Veteran’s Affairs: Committee concluded Administration, Department of Health and Human hearings to examine the Department of Veterans Af- Services; Jon Leibowitz, Commissioner, Federal fairs (VA) data privacy breach, focusing on the estab- Trade Commission; Heather Bresch, Mylan Labora- lishment of a new Office of Cyber and Information tories, Canonsburg, Pennsylvania; and Mark Merritt, Security Training with the VA’s Office of Informa- Pharmaceutical Care Management Association, tion Technology, after receiving testimony from R. Washington, D.C. h House of Representatives action for the establishment and maintenance of a Chamber Action National Museum of the American Latino Commu- Public Bills and Resolutions Introduced: 14 pub- nity in Washington, DC (H. Rept. 109–584, Pt. 1); lic bills, H.R. 5847–5861; and 12 resolutions, H.J. H.R. 3049, to amend section 42 of title 18, Res. 92–93; H. Con. Res. 452; and H. Res. United States Code, popularly known as the Lacey 930–938 were introduced. Pages H5565–66 Act, to add certain species of carp to the list of inju- Additional Cosponsors: Page H5567 rious species that are prohibited from being im- Reports Filed: Reports were filed today as follows: ported or shipped (H. Rept. 109–585); H.R. 4165, to clarify the boundaries of Coastal H.R. 5411, to direct the Secretary of the Interior Barrier Resources System Clam Pass Unit FL–64P to establish a demonstration program to facilitate (H. Rept. 109–581); landscape restoration programs within certain units H.R. 5057, to authorize the Marion Park Project of the National Park System established by law to and Committee of the Palmetto Conservation Foun- preserve and interpret resources associated with dation to establish a commemorative work on Fed- American history, and for other purposes (H. Rept. eral land in the District of Columbia, and its envi- 109–586); rons to honor Brigadier General Francis Marion, H.R. 4947, to expand the boundaries of the with amendments (H. Rept. 109–582); Cahaba River National Wildlife Refuge, and for H.R. 3817, to withdraw the Valle Vidal Unit of other purposes, with an amendment (H. Rept. the Carson National Forest in New Mexico from lo- 109–587); cation, entry, and patent under the mining laws (H. H.R. 4301, to direct the Secretary of the Interior Rept. 109–583); to convey certain parcels of land acquired for the H.R. 2134, to establish the Commission to Study Blunt Reservoir and Pierre Canal features of the ini- the Potential Creation of a National Museum of the tial stage of the Oahe Unit, James Division, South American Latino Community to develop a plan of Dakota, to the Commission of Schools and Public

VerDate Aug 31 2005 05:36 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JY6.REC D20JYPT1 hmoore on PROD1PC68 with HMDIGEST D812 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 2006 Lands and the Department of Game, Fish, and Parks purpose of receiving in Joint Meeting His Excellency of the State of South Dakota for the purpose of miti- Nuri Al-Maliki, Prime Minister of the Republic of gating lost wildlife habitat, on the condition that Iraq. Page H5532 the current preferential leaseholders shall have an op- Meeting Hour: Agreed that when the House ad- tion to purchase the parcels from the Commission, journs today, it adjourn to meet at 12:30 p.m. on and for other purposes (H. Rept. 109–588); and Monday, July 24th, for Morning-Hour Debate. H.R. 5121 to modernize and update the National Page H5532 Housing Act and enable the Federal Housing Ad- ministration to use risk-based pricing to more effec- Calendar Wednesday: Agreed to dispense with the tively reach underserved borrowers, and for other Calendar Wednesday business of Wednesday, July purposes, with an amendment (H. Rept. 109–589). 26th. Page H5532 Page H5565 Late Report: Agreed that the Committee on Inter- Chaplain: The prayer was offered by the guest national Relations have until midnight on July 21st Chaplain, Rev. Phil Fulton, Pastor, Union Hill to file a report on H.R. 5682, to amend the Em- ployee Retirement Income Security Act of 1974 and Church, Peebles, Ohio. Page H5493 the Internal Revenue Code of 1986 to reform the Suspensions—Proceedings Resumed: The House pension funding rules. Page H5532 agreed to suspend the rules and pass the following measures which were debated on yesterday, Wednes- Pension Security and Transparency Act of day, July 19th: 2005—Motion to Instruct Conferees: The House began consideration of the Miller, George of Cali- Condemning the recent attacks against the State fornia motion to instruct conferees on H.R. 2830, to of Israel, holding terrorists and their state-sponsors amend the Employee Retirement Income Security accountable for such attacks, supporting Israel’s Act of 1974 and the Internal Revenue Code of 1986 right to defend itself: H. Res. 921, to condemn the to reform the pension funding rules. Further consid- recent attacks against the State of Israel, holding ter- eration is expected to resume on Monday, July 24th. rorists and their state-sponsors accountable for such Pages H5532–37 attacks, supporting Israel’s right to defend itself, by 2 Senate Message: Message received from the Senate a ( ⁄3) yea-and-nay vote of 410 yeas to 8 nays with today appears on pages H5493 and H5557. 4 voting ‘‘present’’, Roll No. 391; and Pages H5505–06 Senate Referrals: S. 418 and S. 3693 were held at the desk. Page H5493 Commending the National Aeronautics and Space Administration on the completion of the Quorum Calls—Votes: Five yea-and-nay votes de- Space Shuttle’s second Return-to-Flight mission: H. veloped during the proceedings of today and appear Con. Res. 448, to commend the National Aero- on pages H5504, H5505, H5505–06, H5529–30 nautics and Space Administration on the completion and H5530. There were no quorum calls. of the Space Shuttle’s second Return-to-Flight mis- Adjournment: The House met at 10 a.m. and ad- sion, by a (2⁄3) yea-and-nay vote of 415 yeas with journed at 8:03 p.m. none voting ‘‘nay’’, Roll No. 393. Page H5530 United States-Oman Free Trade Agreement Im- Committee Meetings plementation Act: The House passed H.R. 5684, to INTERNATIONAL AGRICULTURE implement the United States-Oman Free Trade CONVENTIONS Agreement by a yea-and-nay vote of 221 yeas to 205 nays, Roll No. 392. Pages H5497–H5505, H5506–30 Committee on Agriculture: Held a hearing on H.R. H. Res. 925, the rule providing for consideration 3849, PIC and POPs Conventions and the LRTAP of the bill was agreed to by a yea-and-nay vote of POPs Protocol Implementation Act. Testimony was 237 yeas to 187 nays, Roll No. 390, after agreeing heard from Stephen L. Johnson, Administrator, EPA. to order the previous question by a yea-and-nay vote TRIBAL LABOR RELATION RESTORATION of 227 yeas to 196 nays, Roll No. 389. ACT Pages H5504–05 Committee on Education and the Workforce: Sub- Providing for a recess of the House for a Joint committee on Employer-Employee Relations held a Meeting to receive His Excellency Nuri Al- hearing on H.R. 16, Tribal Labor Relations Restora- Maliki, Prime Minister of the Republic of Iraq: tion Act of 2005. Testimony was heard from Rep- Agreed that it may be in order at any time on resentative Hayworth; Joe Garcia, Governor, Pueblo Wednesday, July 26, 2006, for the Speaker to de- of San Juan, San Juan Pueblo, State of New Mexico; clare a recess, subject to the call of the chair, for the and public witnesses.

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WARNING, ALERT, AND RESPONSE tegic Placement.’’ Testimony was heard from Rep- NETWORK ACT resentatives Hunter, Reyes, Pearce, and King of Committee on Energy and Commerce: Subcommittee on Iowa; the following officials of the Department of Telecommunications and the Internet held a hearing Homeland Security: Kevin Stevens, Senior Associate on H.R. 5785, Warning, Alert, and Response Net- Chief, Customs and Border Protection; and Carlton work Act. Testimony was heard from Julius Knapp, Mann, Chief Inspector, Office of Inspections and Acting Chief, Office of Engineering and Technology, Special Reviews, Office of Inspector General; and FCC; and public witnesses. public witnesses. MONETARY POLICY AND THE STATE OF HYBRID CARS/OIL DEPENDENCE THE ECONOMY REDUCTION Committee on Financial Services: Held a hearing on Committee on Government Reform: Subcommittee on monetary policy and the state of the economy. Testi- Energy and Resources held a hearing entitled ‘‘Hy- mony was heard from Ben S. Bernanke, Chairman, brid Cars: Increasing Fuel Efficiency and Reducing Board of Governors, Federal Reserve System. Oil Dependence.’’ Testimony was heard from public MISCELLANEOUS MEASURES; COMMITTEE witnesses. REPORT; CLIMATE CHANGE BRIEFING—NATIONAL ASSET DATABASE Committee on Government Reform: Ordered reported the Committee on Homeland Security: Met in executive ses- following measures: H.R. 5664, To designate the fa- sion to receive a briefing on the National Asset cility of the United States Postal Service located at Database by the Department of Homeland Security 110 Cooper Street, Babylon, New York, as the Office of Infrastructure Protection. The Committee ‘‘Jacob Fletcher Post Office Building;’’ H. Res. 605, was briefed by a departmental witness. Recognizing the life of Preston Robert Tisch and his outstanding contributions to New York City, the ASIAN FREE TRADE AGREEMENTS New York Giants Football Club, the National Foot- Committee on International Relations: Held a hearing on ball League, and the United States; H. Res. 901, Asian Free Trade Agreements: Are They Good for Honoring former President William Jefferson Clin- the USA? Testimony was heard from Karan K. ton on the occasion of his 60th birthday; H.R. 3282, Bhatia, Deputy U.S. Trade Representative. Abolishment of Obsolete Agencies and Federal Sun- set Act of 2005; H.R. 5766, amended, Government AIRCRAFT/WEAPONS SALE TO PAKISTAN Efficiency Act of 2006; H.R. 4087, District of Co- Committee on International Relations: Held a hearing on lumbia Court, Offender Supervision, Parole, and the Sale of F–16 Aircraft and Weapons Systems to Public Defender Employees Equity Act of 2005; Pakistan. Testimony was heard from John Hillen, H.R. 4846, To authorize a grant for contributions Assistant Secretary, Bureau of Political-Military Af- toward the establishment of the Woodrow Wilson fairs, Department of State. Presidential Library; and H. Res. 912, Supporting ANGOLA’S LONG DELAYED ELECTION the goals and ideals of National Life Insurance Awareness Month. Committee on International Relations: Subcommittee on The Committee also approved a Committee Re- Africa, Global Human Rights and International Op- port entitled ‘‘Brownfields: What Will It Take to erations held a hearing on Angola’s Long Delayed Turn Lost Opportunities Into America’s Gain?’’ Election. Testimony was heard from the following The Committee also held a hearing entitled ‘‘Cli- officials of the Department of State: Dan Mozena, mate Change: Understanding the Degree of the Director, Office of Southern African Affairs, Bureau Problem.’’ Testimony was heard from Jim of African Affairs; and Paul Bonicelli, Deputy Assist- Connaughton, Chairman, Council on Environmental ant Administrator, Democracy and Governance, U.S. Quality; Thomas Karl, Director, National Climate Agency for International Development; and public Data Center, NOAA, Department of Commerce; and witnesses. public witnesses. U.S. NONPROLIFERATION STRATEGY FENCING THE BORDER Committee on International Relations: Subcommittee on Committee on Government Reform: Subcommittee on Oversight and Investigations held a hearing on U.S. Criminal Justice, Drug Policy and Human Resources Nonproliferation Strategy: Policies and Technical Ca- and the Subcommittee on Economic Security, Infra- pabilities. Testimony was heard Francis C. Record, structure Protection, and Cyber-Security of the Com- Acting Assistant Secretary, Bureau of International mittee on Homeland Security joint hearing entitled Security and Nonproliferation, Department of State; ‘‘Fencing the Border: Construction Options and Stra- and public witnesses.

VerDate Aug 31 2005 05:36 Jul 21, 2006 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D20JY6.REC D20JYPT1 hmoore on PROD1PC68 with HMDIGEST D814 CONGRESSIONAL RECORD — DAILY DIGEST July 20, 2006 REGULATORY FLEXIBILITY MISCELLANEOUS MEASURES IMPROVEMENTS ACT Committee on Veterans’ Affairs: Ordered reported the Committee on the Judiciary: Subcommittee on Com- following measures: H.R. 5835, amended, Veterans mercial and Administrative Law held a hearing on Identify and Security Credit Security Act of 2006; H.R. 682, Regulatory Flexibility Improvements Act. H.R. 5815, amended, Department of Veterans Af- Testimony was heard from Thomas M. Sullivan, fairs Medical Facility Authorization Act of 2006; H. Chief Counsel for Advocacy, SBA; J. Christopher Con. Res. 125, Expressing the support for the des- Mihm, Managing Director-Strategic Issues, GAO; ignation and goals of ‘‘Hire a Veteran Week’’ and and public witnesses. encouraging the President to issue a proclamation supporting those goals; and H. Con. Res. 347, Hon- OVERSIGHT—ENERGY EMPLOYEES oring the National Association of State Veterans OCCUPATIONAL ILLNESS COMPENSATION Homes and the 119 State veterans homes providing PROGRAM long-term care to veterans that are represented by Committee on the Judiciary: Subcommittee on Immi- that association for their contributions to the health gration, Border Security, and Claims held an over- care of veterans and the health care system of the sight hearing entitled ‘‘Energy Employees Occupa- Nation. tional Illness Compensation Program Act: Are We Fulfilling the Promise We Made to Cold War Vet- U.S-PERU TRADE PROMOTION erans When We Created the Program? Part 3 in a AGREEMENT IMPLEMENTATION ACT Series.’’ Testimony was heard from Austin Smythe, Committee on Ways and Means: Approved the draft Acting Deputy Director, OMB; Lewis Wade, Special Assistant to the Director, National Institute for Oc- implementing proposal on the United States-Peru cupational Safety and Health, Department of Health Trade Promotion Agreement Implementation Act. and Human Services; and a public witness. FBI CONFIDENTIAL HUMAN SOURCE OVERSIGHT—NATIONAL WILDLIFE OPERATIONS REFUGE SYSTEM Permanent Select Committee on Intelligence: Sub- Committee on Resources: Subcommittee on Fisheries and committee on Terrorism, Human Intelligence, Anal- Oceans held an oversight hearing on the U.S. Fish ysis and Counterintelligence met in executive session and Wildlife Service’s Growing Operations Crisis to hold hearing on FBI Confidential Human Source Within the National Wildlife Refuge System. Testi- Operations. Testimony was heard from departmental mony was heard from Dale Hall, Director, U.S. Fish witnesses. and Wildlife Service, Department of the Interior; and public witnesses. Joint Meetings CHINESE BARRIERS TO TRADE CARL D. PERKINS VOCATIONAL AND Committee on Small Business: Subcommittee on Rural TECHNICAL EDUCATION IMPROVEMENT Enterprises, Agriculture, and Technology and the ACT Subcommittee on Tax, Finance, and Exports held a joint hearing entitled ‘‘Chinese Barriers to Trade: Conferees agreed to file a conference report on the Does China Play Fair?’’ Testimony was heard from differences between the Senate and House passed public witnesses. versions of S. 250, to amend the Carl D. Perkins Vo- cational and Technical Education Act of 1998 to im- OVERSIGHT—USCG LICENSING AND prove the Act. DOCUMENTATION OF MERCHANT f MARINERS NEW PUBLIC LAWS Committee on Transportation and Infrastructure: Sub- committee on Coast Guard and Maritime Transpor- (For last listing of Public Laws, see DAILY DIGEST, p. D 762) tation held an oversight hearing on U.S. Coast S. 3504, to amend the Public Health Service Act Guard Licensing and Documentation of Merchant to prohibit the solicitation or acceptance of tissue Mariners. Testimony was heard from RADM, Craig from fetuses gestated for research purposes. Signed E. Bone, USCG, Assistant Commandant for Preven- on July 19, 2006. (Public Law 109–242) tion, U.S. Coast Guard, Department of Homeland Security; and public witnesses.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Friday, July 21 12:30 p.m., Monday, July 24

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Monday: To be announced. S. 403, Child Custody Protection Act.

Extensions of Remarks, as inserted in this issue

HOUSE Holt, Rush D., N.J., E1472 Michaud, Michael H., Me., E1471 Kilpatrick, Carolyn C., Mich., E1472 Musgrave, Marilyn N., Colo., E1467, E1469 Bonilla, Henry, Tex., E1473 Kind, Ron, Wisc., E1473 Schakowsky, Janice D., Ill., E1467, E1469 Emanuel, Rahm, Ill., E1467, E1469 Kucinich, Dennis J., Ohio, E1473 Vela´ zquez, Nydia M., N.Y., E1471 Garrett, Scott, N.J., E1472 McCollum, Betty, Minn., E1468, E1470

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